Hindu Marriage Act

Short title and extent

Provides the short title of the Act as the Hindu Marriage Act, 1955, and defines its territorial and extra-territorial extent to all Hindus domiciled in India even when residing outside the country.

Application of Act

Defines the applicability of the Act to Hindus, Buddhists, Jains, Sikhs, and persons who are not Muslims, Christians, Parsis, or Jews. Members of Scheduled Tribes are exempted unless specifically notified by the Central Government.

Definitions

Provides essential statutory definitions under the Act, notably establishing the legal parameters for valid customs, district court jurisdiction, sapinda relationship, and degrees of prohibited relationship.

Overriding effect of Act

Establishes the overriding supremacy of the Act over all prior Shastric Hindu texts, customs, usages, or inconsistent pre-existing statutory laws on matters covered herein.

Conditions for a Hindu marriage

Lays down the essential conditions for a valid Hindu marriage: strict monogamy, mental capacity, minimum age of 21 for male and 18 for female, and absence of prohibited or sapinda relationships unless sanctioned by custom.

Guardianship in marriage

Section 6, which previously governed guardianship in marriage, was omitted by the Child Marriage Restraint (Amendment) Act, 1978.

Ceremonies for a Hindu marriage

Allows a Hindu marriage to be solemnized as per the customary rites of either spouse, specifying that where Saptapadi is customary, the marriage becomes complete upon the seventh step.

Registration of Hindu marriages

Empowers State Governments to formulate rules for Hindu marriage registration and penalize non-compliance with a fine up to Rs. 25, while ensuring that lack of registration does not affect marriage validity.

Restitution of conjugal rights

Enables an aggrieved spouse to petition the district court for restitution of conjugal rights when the other spouse withdraws from society without reasonable excuse, placing the burden of proof on the withdrawing spouse.

Judicial separation

Allows either spouse to seek judicial separation on any grounds available for divorce under Section 13, relieving them from the obligation of marital cohabitation without formally dissolving the marriage.

Void marriages

Declares any marriage solemnized after the Act void ab initio if it violates bigamy, prohibited degrees, or sapinda relationship rules under Section 5, allowing either spouse to obtain a decree of nullity.

Voidable marriages

Enumerates grounds rendering a marriage voidable—impotence, mental incapacity, consent obtained by force/fraud, or pre-marriage pregnancy by another—subject to strict statutory limitation periods.

Divorce

Provides fault-based grounds for divorce (adultery, cruelty, 2-year desertion, conversion, mental disorder, etc.), breakdown grounds after non-resumption for 1 year following judicial separation or RCR, and exclusive special grounds for wives.

Alternate relief in divorce proceedings

Empowers the court in a divorce petition to grant a decree for judicial separation instead of divorce, except where the petition is based on conversion, renunciation of the world, or being unheard of for seven years.

Divorce by mutual consent

Enables both spouses to jointly petition for divorce by mutual consent after living separately for at least one year, requiring a mandatory second motion between 6 and 18 months unless waived by the court.

Legitimacy of children of void and voidable marriages

Confers full statutory legitimacy on children born of void (Section 11) or annulled voidable (Section 12) marriages, granting them rights exclusively in their parents' property.

Punishment of bigamy

Declares any bigamous Hindu marriage void ab initio and makes it punishable under Sections 494 and 495 of the Indian Penal Code (or corresponding BNS provisions).

Punishment for contravention of certain other conditions for a Hindu marriage

Imposes criminal penalties for violating marriage conditions under Section 5: up to 2 years rigorous imprisonment or Rs. 1 lakh fine for underage marriage, and up to 1 month simple imprisonment or Rs. 1,000 fine for prohibited or sapinda marriages.

Court to which petition shall be presented

Determines territorial jurisdiction of the family/district court where matrimonial petitions can be filed, giving special standing to wives to file where they currently reside.

Contents and verification of petitions

Requires every matrimonial petition to state material facts distinctly, verify the contents as per CPC rules for plaints, and aver the absence of collusion (except in Section 11 nullity petitions).

Application of Act 5 of 1908

Applies the Code of Civil Procedure, 1908 (CPC) to govern and regulate all proceedings under the Hindu Marriage Act, subject to the Act itself and High Court rules.

Power to transfer petitions in certain cases

Mandates consolidation or transfer of cross-petitions for judicial separation or divorce filed by spouses in different courts to the district court where the earlier petition was presented.

Special provision relating to trial and disposal of petitions under the Act

Requires day-to-day trial of matrimonial petitions, setting statutory targets to conclude original trials within six months and appeals within three months from service of notice.

Documentary evidence

Provides that no document shall be held inadmissible in evidence during a matrimonial trial merely because it lacks proper stamping or registration.

Proceedings to be in camera and may not be printed or published

Mandates in-camera proceedings for all matrimonial matters and strictly prohibits unauthorized printing or publishing of proceedings under penalty of a fine up to Rs. 1,000.

Decree in proceedings

Lays down statutory conditions and bars for passing a matrimonial decree—including not taking advantage of one's own wrong, absence of condonation, collusion, or undue delay—and imposes a duty on courts to attempt reconciliation.

Relief for respondent in divorce and other proceedings

Allows the respondent in matrimonial proceedings to not only contest the petition on grounds of the petitioner's adultery, cruelty, or desertion, but also file a counter-claim for reciprocal relief.

Maintenance pendente lite and expenses of proceedings

Provides gender-neutral interim maintenance (pendente lite) and litigation expenses to either spouse lacking sufficient independent income, directing disposal ideally within 60 days.

Permanent alimony and maintenance

Empowers the court at or after granting a matrimonial decree to award permanent alimony/maintenance (lump sum or periodic) secured against property, subject to modification on change of circumstances, remarriage, or unchastity.

Custody of children

Empowers the court to pass interim and permanent orders regarding the custody, maintenance, and education of minor children, keeping their welfare paramount and considering their wishes.

Disposal of property

Authorizes the court to make equitable provisions in the final matrimonial decree regarding the disposal and distribution of joint property presented at or around the time of marriage.

Appeals from decrees and orders

Governs statutory appeals against all substantive matrimonial decrees and final orders under Sections 25 and 26, barring appeals purely on costs and setting a 90-day limitation period.

Enforcement of decrees and orders

Directs that all matrimonial decrees and orders passed under the Act shall be executed and enforced in the same manner as civil court decrees under the Code of Civil Procedure.

Savings

Saves pre-Act inter-caste/sagotra marriages, validates customary divorce rights, preserves pending pre-Act proceedings, and protects marriages solemnized under the Special Marriage Act, 1954.

Repeals

Section 30, which provided for the repeal of pre-existing Hindu marriage acts and provincial statutes, was repealed by the Repealing and Amending Act, 1960.