Hindu Marriage Act, 1955

The Hindu Marriage Act of 1955 (HMA) is a critical piece of regulation in India that oversees marriages among Hindus. It is a piece of the more extensive Hindu Code Bills, which were sanctioned to classify and Modernize Hindu Personal Regulation in the Post-Independence Period. The Act aims to control and safeguard the organization of marriage in the Hindus and ensure that specific privileges and obligations are maintained. It mandates Monogamy, outlines the fundamental ceremonies for a valid marriage, and Accommodates the Enlistment of Marriages.

Applicability Of Hindu Marriage Act

The Act applies to:

• Hindus, Buddhists, Jains, and Sikhs.
• Any other person who is not a Muslim, Christian, Parsi, or Jew by religion, unless it is proved that such a person would not be governed by the Hindu Law or Custom.
• Individuals who have converted or re-converted to Hinduism, Buddhism, Jainism, or Sikhism.
• All Hindu marriages are solemnized in India or abroad as long as they fulfil the conditions specified in the Act.

Structure Of Hindu Marriage Act

Need Of Hindu Marriage Act

• Legal Framework For Marriage: The act gives a lawful structure to the solemnization of marriages. It characterizes the circumstances for a valid marriage, like age, assent, and restricted relationships. The act guarantees consistency and standardization in the legal aspects of marriage for Hindus.
• Rights And Responsibilities: The act defends the safeguards the rights of both parties in a marriage, guaranteeing that women, specifically, are safeguarded from exploitation and abuse. It frames the duties and responsibilities of partners, including the arrangement of maintenance and the concept of mutual regard.
• Recognition And Validity: Marriages performed under this act are legitimately perceived, and this acknowledgment is critical for various civil rights, for example, inheritance, property privileges, and the legitimacy of children.
• Divorce And Separation: The act provides a legitimate system for divorce and judicial separation. It frames the grounds on which a marriage can be dissolved, safeguarding the rights of people caught in troubled or oppressive relationships. It guarantees that arrangements are made for the financial support of the partners and kids, if any, after divorce.
• Cultural And Religious Identity: While the act gives a lawful structure, it likewise regards and preserves Hindu traditions and ceremonies related with marriage, permitting them to be performed by the religious beliefs of the parties.

Salient Features Of Hindu Marriage Act

• Abolition Of Same Caste Condition: The HMA, 1955 abolished the requirement for marriages to be within the same caste, validating inter-caste marriages.
• Monogamy Requirement: Section 5(i) mandates monogamy as essential for a Hindu marriage.
• Codified Conditions And Ceremonies: Section 5 outlines the conditions for a Hindu marriage, and Section 7 details the required ceremonies.
• Marriage Registration: Section 8 provides the procedure for marriage registration, emphasizing its importance for legal and statistical purposes. The Supreme Court mandated the compulsory registration of all marriages across India.
• Marriageable Age: The Act mandates that the bridegroom must be at least 21 years old, and the bride must be at least 18 years old when they get married. Marriage among minors is punishable with imprisonment up to 3 years and/or fine up to Rs 1 lakh. Read also: Legal Age of Marriage in India
• Penalty For Bigamy: Contravention of Section 5(i) results in punishment for bigamy under the Indian Penal Code, as specified in Section 17 of the Hindu Marriage Act 1955. For more detailed information, you can read about the. To explore this further, check out our detailed article on bigamy laws in India
• Matrimonial Relief: Section 9 provides for the restitution of conjugal rights, while Sections 11 and 12 address the nullity of marriages as void or voidable.
• Judicial Separation And Divorce: Grounds for judicial separation and divorce are detailed under Section 13(1), with special provisions for wives under Section 13(2).
• Irretrievable Breakdown Of Marriage: Section 13(1A) includes grounds for the irretrievable breakdown of marriage.
• Legitimacy Of Children: Section 16 ensures the legitimacy of children born from void and voidable marriages, with provisions for maintenance under Sections 24 and 25.
• Mental Competence And Consent: According to Section 5(ii)(a), (b), (c), a marriage is considered void if either party was mentally incompetent at the time of marriage. Additionally, both partners must give their legally binding consent.

Important Sections Of Hindu Marriage Act

Section 5: Conditions For A Hindu Marriage

Specifies the conditions under which a Hindu Marriage is considered valid. These include:

• Neither party should have a Living Spouse at the time of Marriage.
• Both parties should be of Sound Mind.
• The bridegroom should be at least 21 years old, and the bride should be at least 18 years old.
• The parties should not be within the degrees of prohibited relationships unless permitted by custom or usage.

Section 7: Ceremonies For A Hindu Marriage

Details the ceremonies required for a valid Hindu marriage. The act recognizes the customary rites and ceremonies of the community to which the parties belong.

Section 8: Registration Of Hindu Marriages

Provides for the voluntary registration of Hindu marriages. Though non-registration does not invalidate the marriage, it is encouraged for legal recognition and proof.

Section 9: Restitution Of Conjugal Rights

Allows a spouse to apply to the court for restitution of conjugal rights if the other spouse has withdrawn from the society without reasonable excuse.

Section 10: Judicial Separation

Allows either party to seek judicial separation on grounds similar to those available for divorce.

Section 11: Void Marriages

Defines the conditions under which a marriage is considered null and void, such as bigamy, prohibited degrees of relationship, or if any conditions of Section 5 are violated.

Section 12: Voidable Marriages

Details the grounds on which a marriage can be annulled, including:

• Impotency.
• Unsoundness of Mind at the time of marriage.
• Consent Obtained by Fraud or Force.
• Pregnancy of the Wife by another person at the time of Marriage.

Section 13: Divorce

Outlines the Grounds for Divorce, which include:

• Adultery.
• Cruelty.
• Desertion for a continuous period of two years.
• Conversion to another religion.
• Incurable mental disorder.
• Communicable venereal disease.
• Renunciation of the world (Sannyasa).

• Not heard of being alive for seven years.

  For more details, visit our article on the grounds of divorce in India.

Amendments To Hindu Marriage Act

Landmark Case Laws

Dastane Vs Dastane (1975)

In this landmark decision, the Supreme Court acknowledged mental cruelty as a legal basis for divorce. The wife was found to have committed acts of mental cruelty, such as verbally assaulting her husband and threatening to take her own life. The petitioner's legitimate fear should be the basis for determining whether cruelty was committed, the court ruled. Nevertheless, the husband's act of having sex with his wife resulted in the condonation of cruelty; as a result, the divorce petition was denied.

Lily Thomas Vs Union Of India (2006)

The Supreme Court declared that it is invalid to convert to Islam alone in order to get out of an existing marriage and enter a second marriage. Hindu law states that a marriage cannot be terminated by just switching one's religion without a Divorce Judgment. According to Section 17 of the HMA, read with Section 494 of the Indian Penal Code, the court decided that any second marriage during the duration of the first marriage, even after conversion, would be illegal and subject to penalties. The court addressed the potential effects of a Uniform Civil Code, stressing that slow, steady reform is preferable to abrupt uniformity.