Hindu Marriage Act 1955 Overview

Introduction

The Hindu Marriage Act, 1955 is a landmark legislation that codifies and amends Hindu marriage laws.
It applies to all of India and Hindus domiciled outside India.

Applicability

The Act applies to Hindus, Buddhists, Jains, and Sikhs.
It also applies to individuals domiciled in India who are not Muslim, Christian, Parsi, or Jewish.

Definitions

"Custom" and "usage" refer to rules observed consistently for a long period, recognized by the community, and not against public policy.
“Hindu” includes individuals who, while not Hindu by religion, are subject to the Act's provisions.

Key Sections

Section 1: Short title and extent – The Act is called the Hindu Marriage Act, 1955, and applies to all of India and Hindus domiciled outside India.
Section 2: Application of Act – Defines who the Act applies to, including Hindus, Buddhists, Jains, and Sikhs, as well as individuals domiciled in India who are not Muslim, Christian, Parsi, or Jewish.
Section 3: Definitions – Explains the meaning of key terms like "custom," "usage," and "Hindu." .
Section 4: Overriding effect of Act – The Act supersedes all previous personal laws.
Section 5: Conditions for a Hindu marriage - Outlines the essential conditions for a valid Hindu marriage, such as age, absence of prohibited relationships, and consent by both partners.
Section 6: This section has been omitted by an amendment.
Section 7: Ceremonies for a Hindu marriage – The Act doesn't prescribe any specific ceremonies for a valid marriage, but specifies that a valid marriage must be solemnized “in accordance with the customary rites and ceremonies of either party.”
Section 8: Registration of Hindu marriages – Outlines the procedure for registering a Hindu marriage.
Section 9: Restitution of conjugal right – This section provides a legal remedy for spouses whose partners have deserted them without justification.
Section 10: Judicial separation – This section allows married couples to obtain a legal separation without terminating the marriage.
Section 11: Void marriages – Defines marriages that are void from the beginning due to specific legal issues, like bigamous marriages.
Section 12: Voidable marriages – Specifies conditions where a valid marriage can be declared voidable due to reasons such as unsound mind or coercion.
Section 13: Divorce – Outlines the grounds for divorce and the procedure for obtaining a divorce.
Section 13A: Alternate relief in divorce proceedings – Provides alternative relief to the parties in a divorce case, including maintenance and custody provisions.
Section 13B: Divorce by mutual consent – Facilitates divorce through the mutual consent of both spouses.
Section 14: No petition for divorce to be presented within one year of marriage – Prohibits filing divorce petitions within one year of marriage.
Section 15: Divorced persons when may marry again – Allows divorced individuals to remarry after the expiration of a period of six months from the date of the divorce decree.
Section 16: Legitimacy of children of void and voidable marriages – Legitimizes children born from void or voidable marriages.
Section 17: Punishment of bigamy – Prescribes a punishment for individuals who enter into a bigamous marriage.
Section 18: Punishment for contravention of certain other conditions for a Hindu marriage – Penalizes violations of certain conditions for a valid Hindu marriage.
Section 19: Court to which petition shall be presented – Specifies the court's jurisdiction to hear petitions related to Hindu marriages.
Section 20: Contents and verification of petitions – Defines the content and verification requirements for petitions related to Hindu marriage matters.
Section 21: Application of Act 5 of 1908 – Applies the provisions of the Code of Civil Procedure, 1908 to proceedings under this Act.
Section 21A: Power to transfer petitions in certain cases – Empowers the High Court to transfer cases.
Section 21B: Special provision relating to trial and disposal of petitions under the Act – Defines specific provisions for the trial and disposal of petitions.
Section 21C: Documentary evidence – Specifies requirements for documentary evidence in proceedings.
Section 22: Proceedings to be in camera and may not be printed or published – Allows for conducting proceedings in camera and prohibits their publication.
Section 23: Decree in proceedings – Defines the nature of decrees in proceedings.
Section 23A: Relief for respondent in divorce and other proceedings – Provides relief to the respondent in divorce and other proceedings.
Section 24: Maintenance pendente lite and expenses of proceedings – Allows for temporary maintenance and expenses during the proceedings.
Section 25: Permanent alimony and maintenance – Provides provisions for permanent alimony and maintenance after marriage dissolution.
Section 26: Custody of children – Defines provisions for the custody of children in cases of divorce or judicial separation.
Section 27: Disposal of property – Provides for the disposal of property after marriage dissolution.
Section 28: Appeals from decrees and orders – Defines provisions for appeals from decrees and orders.
Section 28A: Enforcement of decrees and orders – Outlines the process of enforcing decrees and orders from the court.
Section 29: Savings – Protects existing laws and rights that are not inconsistent with this Act.
Section 30: This section has been repealed.