HINDU MARRIAGE ACT, 1955

The Hindu Marriage Act, 1955 (Act 25 of 1955) (18^th May, 1955)

1 Short title and extent

2 Application of Act

3 Definitions

4 Overriding effect of the act- any other act made inconsistent with this act will cease to operate.

5 Condition for a Hindu Marriage- 2 hindus

a.       No living spouse

b.      At time of marriage neither party has unsoundness of mind or giving consent, suffering from mental disorder or procreation of child and to the extent unfit for marriage. Has been subject to recurrent attacks

c.       Bridegroom has completed the age of 21 years and the girl has completed 18 years of age.

d.      Parties are not within the degrees of prohibited relationship rules unless the custom permits them to do.

e.      Parties not sapindas of each other unless the custom permits them to do so.

f.        Omitted

6 Guardianship in marriage- Omitted by marriage laws Amendent Act, 1976

7 Ceremonies for a Hindu Marriage- in accordance with customary rules and seven steps saptapadi taken.

8 Registartion of Marriages- State govt may appoint registers to maintain the record for marriage, if not paid fine of Rs 25, all rules must be laid before the state legislature as soon as they are made, open to checked by giving application to the registrar and giving requisite fee, the marriage wouldn’t be any way affected by omission to make the entry in any way.

9 Restitution of conjugal rights- make application to District court to appoint this and onus lies on person who has withdrawn from the society.

10 Judicial Separation- may apply to the court under grounds mentioned in sec 13 of the act.wife can also apply. Once decree passed the parties under no obligation to live together. Court can modify and rescind orders if they find necessary to do so.

11 Nullity of marriages and divorce- if any of the clause in sec 5 doesn’t fulfills then the marriage is null and void.

12 Voidable marriages- any marriage shall be voidable or annulled by the decree of nullity on any of the following grounds:

a.       Marriage not consummated owing to the impotency of the respondent.

b.      Marriage is in contravention of Sec 5.

c.       The consent was obtained under fraud , of guardian as well when required under sec 5 .

d.      That the respondent at the time of marriage was pregnant by someother person than petitioner. This would be entertained only when he is ignorant, and taken up within 1 year of marriage, that the marital intercourse has not taken place since the discovery by the petitioner of the existence of the said ground.

Petition this won’t be entertained if the petitioner

a.       Files this after one year after the fraud has been discovered.

b.      Petitioner has living with the respondent once the force has been discovered.

13 Divorce- decree of divorce may be given

a.       Has sexual intercourse with other, not wife and husband. Adultery. Treated the petitioner with cruelty, has deserted the petitioner for more than 2 years.

b.      Has ceased to be Hindu by converting to another religion.

c.       Incurably of unsound mind, mental disorder such as to petitioner cannot be reasonably be expected to live without the respondent.

d.      Party has been suffering from a virulent and incurable form of leprosy

e.      Has been suffering from veneral disease in a communicable form.

f.        Has renounced the world by entering any religious order.

g.       Has not heard that person alive for 7 years or more those persons who would naturally have heard of it, had that party been alive.

Also it can be made on two other grounds:

1 no resumption of cohabitation as between the parties for one year or upwards.

2 No restitution of conjugal rights as per the decree passed by conjugal petition.

Wife can also do that saying the husband married when she was alive, husband guilty of rape, sodomy or bestiality, proceeding under sect 18 of HAMA, sec 125 of Crpc, 488 of Crpc after the orders under this party not living together for more than a year.

C. Marriage done before 15 years and repudiated on turning 18 years. This clause applied whether the marriage has happened after marriage law act , 1976.

13-A- Courts may pass decree for a judicial separation,

13-B – Divorce by mutual consent, living separately for more than one year, they have not been able to live together and that they have agreed together mutually, the marriage should be dissolved. On the motion of both the parties, from 6 months to 18 months, after court making the inquiry of the petition pass a decree of divorce be dissolved with effect from the date of the decree.

14- No petition for divorce to be presented within one year of marriage.

15 Divorced persons can marry again by getting a decree or appeal is exhausted but not in pending appeal.

16 Legitimacy of children of Void and voidable marriages.

17 Punishment for bigamy under sec 494 and 495 shall apply if husband or wife is alive.

18 Punishment for contravention of certain other conditions for a Hindu marriage – under sec 5 of the act. 15 days /1k , 1month/1k

19 Court to which it should be presented- marriage solemnized, together parties reside, respondent place or petitioner place if respondent outside.

20 Contents and verification to the Petitions- Plaint should state no collusion between the parties, plaint must be verified.

21 Application of Act 5 of 1908- refer CPC, 1908

21-A  Power to transfer petitions in certain cases.

21-B Special provisions relating to trial and disposal of petitions under the act- NO adjournments till required, dispose the petition with 6months from the date of notice, 3months from notice on appeal.

21-C documentary evidence- can’t be ignored if unattested.

22 Proceedings to be in camera and may not be printed or published- only in SC/HC digest, fine of 1k,

23 Decree in proceedings- give reconciliation to the parties. Court shall give both the parties after decree.

23- A Relief for respondent in divorce and other proceedings-

24 Maintenance pendente lite and expenses of the proceedings:- court will ask the other party who can’t pay expenses to be paid.

25 Permanent alimony and maintenance- court may find suitable can keep it per month or gross total income as depending on the situation, can modify it or rescind it as per situation.

26 Custody of the children- can continuously change, modify, alter the decree or interim orders in the best interest of the child.

27 Disposal of Property- As the court may find fit can dispose it.

28 Appeals from decrees and orders- to the court where such appeals ordinarily lies. No appeal for costs.

28 A- Enforcement of decrees and orders- same as of court under civil jurisdiction.

29 Savings- marriages in same Gotra, caste not a valid ground, this right doesn’t effect any right previously recognized by any custom or act, for previous pending cases this case would have any further comments, nothing in this act affects the marriage under Special Marriage Act, 1954.

30 Repeals- repealing and amendment act, 1960 (58 of 1960), Sec 2 and the first schedule.