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The Hindu Marriage Act,
1955 (Indian)
Act No. 25 of 1955
[
Preamble:---
An Act to amend and codify
the law relating to marriage among Hindus.
BE it enacted by Parliament
in the Sixth Year of the
1. Short title and extent.-
(1) This
Act may be called the Hindu Marriage Act, 1955.
(2) It extends to the whole of
2. Application of Act.- (1) This Act applies,---
(a) to any person who is a Hindu by religion in any of its forms or
developments, including a Virashaiva, a Lingayat or a follower of the Brahmo,
Prarthana or Arya Samaj,
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person
domiciled in the territories to which this Act extends who is not a Muslim,
Christian, Parsi or Jew by religion, unless it is proved that any such person
would not have been governed by the Hindu law or by any custom or usage as part
of that law in respect of any of the matters dealt with herein if this Act had
not been passed.
Explanation.-The following persons are Hindus, Buddhists, Jainas or Sikhs by
religion, as the case may be:---
(a) any child, legitimate or illegitimate, both of whose parents are Hindus,
Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu,
Buddhist, Jaina or Sikh by religion and who is brought up as a member of the
tribe, community, group or family to which such parent belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or
Sikh religion.
(2) Notwithstanding any thing contained in sub-section (1), nothing contained
in this Act shall apply to the members of any Scheduled tribe within the
meaning of clause (25) of article 366 of the Constitution unless the Central
Government, by notification in the Official Gazette, otherwise directs.
(3) The expression 'Hindu' in any portion of this Act shall be construed as if
it included a person who, though not a Hindu by religion, is, nevertheless, a
person to whom this Act applies by virtue of the provisions contained in this
section.
3. Definitions.---
In this
Act, unless the context otherwise requires,---
(a) the expressions "custom" and "usage" signify any rule
which, having been continuously and uniformly observed for a long time, has obtained
the force of law among Hindus in any local area, tribe, community, group or
family:---
Provided that the rule is certain and not unreasonable or opposed to public
policy; and
Provided further that in the case of a rule applicable only to a family it has
not been discontinued by the family;
(b) "district court" means, in any area for which there is a city
civil court, that court, and in any other area the principal civil court of
original jurisdiction, and includes any other civil court which may be
specified by the State Government, by notification in the Official Gazette, as
having jurisdiction in respect of the matters dealt with in this Act;
(c) "full blood" and "half blood"-two persons are said to
be related to each other by full blood when they are descended from a common
ancestor by the same wife and by half blood when they are descended from a
common ancestor but by different wives;
(d) "uterine blood"- two persons are said to be related to each other
by uterine blood when they are descended from a common ancestress but by
different husbands;
Explanation.-In clauses (c) and (d), "ancestor" includes the father
and "ancestress" the mother;
(e) "prescribed" means prescribed by rules made under this Act;
(f) (i) "sapinda relationship" with reference to any person extends
as far as the third generation (inclusive) in the line of ascent through the
mother, and the fifth (inclusive) in the line of ascent through the father, the
line being traced upwards in each case from the person concerned, who is to be
counted as the first generation;
(ii) two persons are said to be "sapindas" of each other if one is a
lineal ascendant of the other within the limits of sapinda relationship, or if
they have a common lineal ascendant who is within the limits of sapinda
relationship with reference to each of them;
(g) "degrees of prohibited relationship"-two persons are said to be
within the "degrees of prohibited relationship"---
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the
other; or
(iii) if one was the wife of the brother or of the father's or mother's brother
or of the grandfather's or grandmother's brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or
children of brother and sister or of two brothers or of two sisters;
Explanation.-For the purposes of clauses (f) and (g), relationship includes,---
(i) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood and all terms of
relationship in those clauses shall be construed accordingly.
4. Over-riding effect of
Act.- Save
as otherwise expressly provided in this Act,---
(a) any text, rule or interpretation of Hindu law or any custom or usage as
part of that law in force immediately before the commencement of this Act shall
cease to have effect with respect to any matter for which provision is made in
this Act;
(b) any other law in force immediately before the commencement of this Act
shall cease to have effect in so far as it is inconsistent with any of the
provisions contained in this Act.
Hindu Marriage
5. Conditions for a Hindu
marriage.- A marriage may be solemnized between any two Hindus, if the
following conditions are fulfilled, namely:---
(i) neither party has a spouse living at the time of the marriage;
(ii) neither party is an idiot or a lunatic at the time of the marriage;
(iii) the bridegroom has completed the age of eighteen years and the bride the
age of fifteen years at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship,
unless the custom or usage governing each of them permits of a marriage between
the two;
(v) the parties are not sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between the two;
(vi) where the bride has not completed the age of eighteen years, the
consent of her guardian in marriage, if any, has been obtained for the
marriage.
6. Guardianship in
marriage.- (1)
Wherever the consent of a guardian in marriage is necessary for a bride under
this Act, the persons entitled to give such consent shall be the following in
the order specified there under, namely:---
(a) the father;
(b) the mother;
(c) the paternal grandfather;
(d) the paternal grandmother;
(e) the brother by full blood; as between brothers the elder being preferred;
(f) the brother by half blood; as between brothers by half blood the elder
being preferred:---
Provided that the bride is living with him and is being brought up by him;
(g) the paternal uncle by full blood; as between paternal uncles the elder
being preferred;
(h) the paternal uncle by half blood; as between paternal uncles by half blood
the elder being preferred:---
Provided that the bride is living with him and is being brought up by him;
(i) the maternal grandfather;
(j) the maternal grandmother;
(k) the maternal uncle by full blood; as between maternal uncles the elder
being preferred:
Provided that the bride is living with him and is being brought up by him.
(2) No person shall be entitled to act as a guardian in marriage under the
provisions of this section unless such person has himself completed his or her
twenty-first year.
(3) Where any person entitled to be the guardian in marriage under the
foregoing provisions refuses, or is for any cause unable or unfit, to act as
such, the person next in order shall be entitled to be the guardian.
(4) In the absence of any such person as is referred to in sub-section (1), the
consent of a guardian shall not be necessary for a marriage under this Act.
(5) Nothing in this Act shall affect the jurisdiction of a court to prohibit by
injunction an intended marriage, if in the interest of the bride for whose
marriage consent is required, the court thinks it necessary to do so.
7. Ceremonies for a Hindu
marriage.- (1)
A Hindu marriage may be solemnized in accordance with the customary rites and
ceremonies of either party thereto.
(2) Where such rites and ceremonies include the Saptapadi (that is, the taking
of seven steps by the bridegroom and the bride jointly before the sacred fire),
the marriage becomes complete and binding when the seventh step is taken.
8. Registration of Hindu
marriages.- (1)
For the purpose of facilitating the proof of Hindu marriages, the State
Government may make rules providing that the parties to any such marriage may
have the particulars relating to their marriage entered in such manner and
subject to such conditions as may be prescribed in a Hindu Marriage Register
kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government
may, if it is of opinion that it is necessary or expedient so to do, provide
that the entering of the particulars referred to in sub-section (1) shall be
compulsory in the State or in any part thereof, whether in all cases or in such
cases as may be specified, and where any such direction has been issued, any
person contravening any rule made in this behalf shall be punishable with fine
which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State
Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for
inspection, and shall be admissible as evidence of the statements therein
contained and certified extracts therefrom shall, on application, be given by
the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any
Hindu marriage shall in no way be affected by the omission to make the entry.
Restitution of conjugal
rights and judicial separation
9. Restitution of conjugal
rights.- (1)
When either the husband or the wife has, without reasonable excuse, withdrawn
from the society of the other, the aggrieved party may apply, by petition to
the district court, for restitution of conjugal rights and the court, on being
satisfied of the truth of the statements made in such petition and that there
is no legal ground why the application should not be granted, may decree
restitution of conjugal rights accordingly.
(2) Nothing shall be pleaded in answer to a petition for restitution of
conjugal rights which shall not be a ground for judicial separation or for
nullity of marriage or for divorce.
10. Judicial separation.- (1) Either party to a
marriage, whether solemnized before or after the commencement of this Act, may
present a petition to the district court praying for a decree for judicial
separation on the ground that the other party,---
(a) has deserted the petitioner for a continuous period of not less than two
years immediately preceding the presentation of the petition; or
(b) has treated the petitioner with such cruelty as to cause a reasonable
apprehension in the mind of the petitioner that it will be harmful or injurious
for the petitioner to live with the other party; or
(c) has, for a period of not less than one year immediately preceding the
presentation of the petition, been suffering from a virulent form of leprosy;
or
(d) has, immediately before the presentation of the petition, been suffering
from venereal disease in a communicable form, the disease not having been
contracted from the petitioner; or
(e) has been continuously of unsound mind for a period of not less than two
years immediately preceding the presentation of the petition; or
(f) has, after the solemnization of the marriage, had sexual intercourse with
any person other than his or her spouse.
Explanation.-In this section, the expression "desertion", with its
grammatical variations and cognate expressions, means the desertion of the
petitioner by the other party to the marriage without reasonable cause and
without the consent or against the wish of such party, and includes the willful
neglect of the petitioner by the other party to the marriage.
(2) Where a decree for judicial separation has been passed, it shall no longer
be obligatory for the petitioner to cohabit with the respondent, but the court
may, on the application by petition of either party and on being satisfied of
the truth of the statements made in such petition, rescind the decree if it
considers it just and reasonable to do so.
Nullity of Marriage and
Divorce
11. Void marriages.- Any marriage solemnized
after the commencement of this Act shall be null and void and may, on a
petition presented by either party thereto, be so declared by a decree of
nullity if it contravenes any one of the conditions specified in clauses (i),
(iv) and (v) of section 5.
12. Voidable marriages.- (1)
Any marriage solemnized, whether before or after the commencement of this Act,
shall be voidable and may be annulled by a decree of nullity on any of the
following grounds, namely:---
(a) that the respondent was impotent at the time of the marriage and continued
to be so until the institution of the proceedings; or
(b) that the marriage is in contravention of the condition specified in clause
(ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in
marriage of the petitioner is required under section 5, the consent of such
guardian was obtained by force or fraud; or
(d) that the respondent was at the time of the marriage pregnant by some person
other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for
annulling a marriage,---
(a) on the ground specified in clause (c) of sub-section (1) shall be
entertained if,---
(i) the petition is presented more than one year after for force had ceased to
operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other
party to the marriage as husband or wife after the force had ceased to operate
or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be
entertained unless the court is satisfied,---
(i) that the petitioner was at the time of the marriage ignorant of the facts
alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized
before the commencement of this Act within one year of such commencement and in
the case of marriages solemnized after such commencement within one year from
the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken
place since the discovery by the petitioner of the existence of the grounds for
a decree.
13. Divorce.- (1) Any marriage
solemnized, whether before or after the commencement of this Act, may, on a
petition presented by either the husband or the wife, be dissolved by a decree
of divorce on the ground that the other party,---
(i) is living in adultery; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind for a continuous period of not less
than three years immediately preceding the presentation of the petition; or
(iv) has, for a period of not less than three years immediately preceding the
presentation of the petition, been suffering from a virulent and incurable form
of leprosy; or
(v) had, for a period of not less than three years immediately preceding the
presentation of the petition, been suffering from venereal disease in a
communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more
by those persons who would naturally have heard of it, had that party been
alive; or
(viii) has not resumed cohabitation for a space of two years or upwards after
the passing of a decree for judicial separation against that party; or
(ix) has failed to comply with a decree for restitution of conjugal rights for
a period of two years or upwards after the passing of the decree.
(2) A wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground,---
(i) in the case of any marriage solemnized before the commencement of this Act,
that the husband had married again before such commencement or that any other
wife of the husband married before such commencement was alive at the time of
the solemnization of the marriage of the petitioner:---
Provided that in either case the other wife is alive at the time of the
presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty
of rape, sodomy or bestiality.
14. No petition for divorce
to be presented within three years of marriage.- (1) Notwithstanding anything
contained in this Act, it shall not be competent for any court to entertain any
petition for dissolution of a marriage by a decree of divorce, unless at the
date of the presentation of the petition three years have elapsed since the
date of the marriage:
Provided that the court may, upon application made to it in accordance with
such rules as may be made by the High Court in that behalf , allow a petition
to be presented before three years have elapsed since the date of the marriage
on the ground that the case is one of exceptional hardship to the petitioner or
of exceptional depravity on the part of the respondent, but, if it appears to
the court at the hearing of the petition that the petitioner obtained leave to
present the petition by any misrepresentation or concealment of the nature of
the case, the court may, if it pronounces a decree, do so subject to the
condition that the decree shall not have effect until after the expiry of three
years from the date of the marriage or may dismiss the petition without
prejudice to any petition which may be brought after the expiration of the said
three years upon the same or substantially the same facts as those alleged in
support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a
petition for divorce before the expiration of three years from the date of the
marriage, the court shall have regard to the interests of any children of the
marriage and to the question whether there is a reasonable probability of a
reconciliation between the parties before the expiration of the said three
years.
15. Divorced persons when
may marry again.- When
a marriage has been dissolved by a decree of divorce and either there is no
right of appeal against the decree or, if there is such a right of appeal, the
time for appealing has expired without an appeal having been presented, or an
appeal has been presented but has been dismissed, it shall be lawful for either
party to the marriage to marry again:---
Provided that it shall not be lawful for the respective parties to marry again
unless at the date of such marriage at least one year has elapsed from the date
of the decree in the court of the first instance.
16. Legitimacy of children
of void and voidable, marriages.- Where a decree of nullity is granted in respect of
any marriage under section 11 or section 12, any child begotten or conceived
before the decree is made who would have been the legitimate child of the
parties to the marriage if it had been dissolved instead of having been
declared null and void or annulled by a decree of nullity shall be deemed to be
their legitimate child notwithstanding the decree of nullity:---
Provided that nothing contained in this section shall be construed as
conferring upon any child of a marriage which is declared null and void or
annulled by a decree of nullity any rights in or to the property of any person
other than the parents in any case where, but for the passing of this Act, such
child would have been incapable of possessing or acquiring any such rights by
reason of his not being the legitimate child of his parents.
17. Punishment of bigamy.- Any marriage between two
Hindus solemnized after the commencement of this Act is void if at the date of
such marriage either party had a husband or wife living; and the provisions of
sections 494 and 495 of the Indian Penal Code
(45 of 1860), shall apply accordingly.
18. Punishment for
contravention of certain other conditions for a Hindu marriage.- Every person who procures a
marriage of himself or herself to be solemnized under this Act in contravention
of the conditions specified in clauses (iii), (iv), (v) and (vi) of section 5
shall be punishable,---
(a) in the case of a contravention of the condition specified in clause (iii)
of section 5, with simple imprisonment which may extend to fifteen days, or
with fine which may extend to one thousand rupees, or with both;
(b) in the case of a contravention of the condition specified in clause (iv) or
clause (v) of section 5, with simple imprisonment which may extend to one
month, or with fine which may extend to one thousand rupees, or with both; and
(c) in the case of a contravention of the condition specified in clause (vi) of
section 5, with fine which may extend to one.
Jurisdiction and Procedure
19. Court to which petition
should be made.- Every
petition under this Act shall be presented to the district court within the
local limits of whose ordinary original civil jurisdiction the marriage was
solemnized or the husband and wife reside or last resided together.---
20. Contents and
verification of petitions.- (1) Every petition presented under this Act shall
state as distinctly as the nature of the case permits the facts on which the
claim to relief is founded and shall also state that there is no collusion
between the petitioner and the other party to the marriage.
(2) The statements contained in every petition under this Act shall be verified
by the petitioner or some other competent person in the manner required by law
for the verification of plaints, and may, at the hearing, be referred to as
evidence.
21. Application of Act 5 of
1908.- Subject to the other provisions contained in this Act and to such
rules as the High Court may make in this behalf, all proceedings under this Act
shall be regulated, as far as may be, by the Code of Civil Procedure, 1908 (5
of 1908).
22. Proceedings may be in
camera and may not be printed or published.- (1) a proceeding under this Act shall be
conducted in camera if either party so desires or if the court so thinks fit to
do, and it shall not be lawful for any person to print or publish any matter in
relation to any such proceeding except with the previous permission of the
court.
(2) If any person prints or publishes any matter in contravention of the
provisions contained in sub-section (1), he shall be punishable with fine which
may extend to one thousand rupees.
23. Decree in proceedings.-
(1) In any
proceeding under this Act, whether defended or not, if the court is satisfied
that,---
(a) any of the grounds for granting relief exists and the petitioner is not in
any way taking advantage of his or her own wrong or disability for the purpose
of such relief, and
(b) where the ground of the petition is the ground specified in clause (f) of
sub-section (1) of section 10, or in clause (i) of sub-section (1) of section
13, the petitioner has not in any manner been accessory to or connived at or
condoned the act or acts complained of, or where the ground of the petition is
cruelty the petitioner has not in any manner condoned the cruelty, and
(c) the petition is not presented or prosecuted in collusion with the
respondent, and
(d) there has not been any unnecessary or improper delay in instituting the
proceeding, and
(e) there is no other legal ground why relief should not be granted,
then, and in such a case, but not otherwise, the court shall decree such relief
accordingly.
(2) Before proceeding to grant any relief under this Act, it shall be the duty
of the court in the first instance, in every case where it is possible so to do
consistently with the nature and circumstances of the case, to make every
endeavor to bring about a reconciliation between the parties.
24. Maintenance pendente lite
and expenses of proceedings.- Where in any proceeding under this Act it
appears to the court that either the wife or the husband, as the case may be,
has no independent income sufficient for her or his support and the necessary
expenses of the proceeding, it may, on the application of the wife or the
husband, order the respondent to pay to the petitioner the expenses of the
proceeding, and monthly during the proceeding such sum as, having regard to the
petitioner's own income and the income of the respondent, it may seem to the
court to be reasonable.
25. Permanent alimony and
maintenance.- (1)
Any court exercising jurisdiction under this Act may, at the time of passing
any decree or at any time subsequent thereto, on application made to it for the
purpose by either the wife or the husband, as the case may be, order that the
respondent shall, while the applicant remains unmarried, pay to the applicant
for her or his maintenance and support such gross sum or such monthly or periodical
sum for a term not exceeding the life of the applicant as, having regard to the
respondent's own income and other property, if any, the income and other
property of the applicant and the conduct of the parties, it may seem to the
court to be just, and any such payment may be secured, if necessary, by a
charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of
either party at any time after it has made an order under sub-section (1), it
may, at the instance of either party, vary, modify or rescind any such order in
such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been
made under this section has remarried or, if such party is the wife, that she
has not remained chaste, or, if such party is the husband, that he has had
sexual intercourse with any woman outside wedlock, it shall rescind the order.
26. Custody of children.- In any proceeding under
this Act, the court may, from time to time, pass such interim orders and make
such provisions in the decree as it may deem just and proper with respect to
the custody, maintenance and education of minor children, consistently with
their wishes, wherever possible, and may, after the decree, upon application by
petition for the purpose, make from time to time, all such orders and
provisions with respect to the custody, maintenance and education of such
children as might have been made by such decree or interim orders in case the proceeding
for obtaining such decree were still pending, and the court may also from time
to time revoke, suspend or vary any such orders and provisions previously made.
27. Disposal of property.- In any proceeding under
this Act, the court may make such provisions in the decree as it deems just and
proper with respect to any property presented, at or about the time of
marriage, which may belong jointly to both the husband and the wife.
28. Enforcement of, and appeal from, decrees and
orders.- All decrees and orders made by the court in any proceeding
under this Act shall be enforced in like manner as the decrees and orders of
the court made in the exercise of the original civil jurisdiction are enforced,
and may be appealed from under any law for the time being in force.
Provided that there shall be no appeal on the subject of costs only.
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 even 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 Hinds solemnized under that Act, whether before or after the
commencement of this Act.
30. Repeals.- The Hindu Marriage
Disabilities Removal Act, 1946 (28 of 1946), the Hindu Marriages Validity Act,
1949 (21 of 1949), the Bombay Prevention of Hindu Bigamous marriages Act, 1946
(Bom.25 of 1946), the Bombay Hindu Divorce Act, 1947 (Bom.22 of 1947), the
madras Hindu (Bigamy Prevention and Divorce) Act, 1949 (Mad.6 of 1949), the
Saurashtra Prevention of Hindu Bigamous Marriages Act, 1950 (Souras.5 of 1950)
and the Saurashtra Hindu Divorce Act, 1952 (Sauras.30 of 1952) are hereby
repealed.
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