Section 29 of Hindu Marriage Act

Section 29 of The Hindu Marriage Act 1955 (As Per the Indian Legislature or Parliament)

29. Savings.—

(1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.

(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.

(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.

(4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954, (43 of 1954) with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act.

Section 29 of the Hindu Marriage Act 1955 in Detail

Section 29 of the Hindu Marriage Act 1955 deals with savings provisions that ensure the continuity and validity of legal proceedings and marriages solemnized under the old Hindu law. Let’s explore the various provisions of Section 29 of The Hindu Marriage Act 1955 in detail:

Continuity of Validity of Marriage Solemnized Before the Act

Section 29(1) of the Hindu Marriage Act, 1955, stipulates that a marriage between Hindus solemnized before the commencement of the Act shall not be deemed to be invalid or ever to have been invalid merely because the parties belonged to the same gotra or pravara, or belonged to different religions, castes, or sub-divisions of the same caste. This provision ensures that marriages solemnized before the enactment of the Act continue to be valid and enforceable, regardless of any differences in the caste, religion, or lineage of the spouses.

Recognition of Customary Rights for Dissolution of Marriage

Section 29(2) of the Hindu Marriage Act, 1955, recognizes the importance of customary rights and practices in Hindu society. The provision states that nothing contained in the Act shall affect any right recognized by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of the Act. This provision ensures that customary rights and practices that are recognized by the community and have been in existence for a long time are not affected by the enactment of the new law.

Continuity of Pending Proceedings under Existing Laws

Section 29(3) of the Hindu Marriage Act, 1955, is an important provision that ensures the continuity of pending legal proceedings initiated under the old Hindu law or any other law in force at the time of the commencement of the Act. The provision states that nothing contained in the Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act. This ensures that legal proceedings that are already underway continue to be valid and enforceable, even after the enactment of the new law.

No Effect on Marriages Solemnized under Special Marriage Act

Section 29(4) of the Hindu Marriage Act, 1955, ensures that the provisions of the Special Marriage Act, 1954, with respect to marriages between Hindus solemnized under that Act, remain unaffected by the enactment of the new law. This provision applies to marriages solemnized before or after the commencement of the Hindu Marriage Act, 1955. The Special Marriage Act, 1954, is a separate legislation that governs the registration and solemnization of marriages that are not governed by personal laws, including marriages between individuals belonging to different religions or castes.