Hindu Marriage Act 1955
Hindu Marriage Act, 1955 – Detailed Breakdown
The Hindu Marriage Act, 1955 (HMA) governs marriage, divorce, maintenance, and related aspects for Hindus in India. It applies to:
✅ Hindus, Buddhists, Jains, and Sikhs
✅ Those who are not Muslims, Christians, Parsis, or Jews
The Act consists of four parts:
- Preliminary (Sections 1-2)
- Conditions & Ceremonies of Marriage (Sections 3-8)
- Rights & Liabilities in Marriage (Sections 9-28)
- Miscellaneous (Sections 29-30)
PART 1: Preliminary (Sections 1-2)
- Section 1: Short title, extent, and applicability
- Section 2: Applies to Hindus (including Jains, Buddhists, Sikhs)
📌 Case Law: Shastri Yagnapurushdasji v. Muldas (1966) – Supreme Court ruled that Sikhs, Jains, and Buddhists are part of the Hindu religious family.
PART 2: Conditions & Ceremonies of Marriage (Sections 3-8)
Section 3: Definitions
- Customs & usages: Recognized if they are reasonable, certain, and continuous for a long time.
Section 4: Overriding effect
- Repeals old Hindu laws that conflict with HMA.
Section 5: Essential Conditions for a Valid Marriage
A marriage is valid if:
✅ Both parties are unmarried (or legally divorced/widowed).
✅ Both are of legal marriageable age:
- Male: 21 years, Female: 18 years
✅ Not within prohibited relationships unless custom allows.
✅ Not sapinda (close blood relatives) unless custom allows.
✅ Mentally sound (not suffering from insanity or incapable of marriage).
📌 Case Law: Smt. Seema v. Ashwani Kumar (2006) – Supreme Court mandated compulsory registration of Hindu marriages.
Section 6-8: Marriage ceremonies
- Valid only if ceremonies like Saptapadi (seven steps around fire) are followed.
PART 3: Rights & Liabilities in Marriage (Sections 9-28)
Restitution of Conjugal Rights (Section 9)
- If a spouse leaves without valid reason, the affected spouse can file a petition for restoration of marital rights.
📌 Case Law: Swaran Lata v. Harbhajan Singh (1969) – Wife refused to live with husband, court ordered restitution of conjugal rights.
Judicial Separation & Divorce (Sections 10-13B)
Section 10: Judicial Separation
- Temporary separation, but marriage remains valid.
Section 11: Void Marriages
A marriage is automatically void if:
❌ Bigamous (one spouse is already married).
❌ Prohibited relationships.
Section 12: Voidable Marriages
Marriage can be annulled if:
❌ No consent due to force or fraud.
❌ Spouse is impotent.
Section 13: Grounds for Divorce
A spouse can seek divorce if the other spouse:
✅ Commits adultery.
✅ Treats the spouse cruelly.
✅ Deserts for 2+ years.
✅ Becomes mentally unstable.
✅ Has converted to another religion.
✅ Has incurable leprosy or venereal disease.
📌 Additional grounds for women:
- Husband already married before HMA (bigamy).
- Husband guilty of unnatural offenses (rape, sodomy, bestiality).
📌 Case Law: Naveen Kohli v. Neelu Kohli (2006) – Supreme Court ruled cruelty is a valid ground for divorce.
Section 13B: Divorce by Mutual Consent
- Both parties must agree.
- Cooling-off period of 6 months before final divorce decree.
📌 Case Law: Amardeep Singh v. Harveen Kaur (2017) – Supreme Court ruled that the 6-month waiting period is not mandatory if both parties mutually agree.
Maintenance (Sections 24-27)
Section 24: Interim Maintenance
- Either spouse can claim maintenance during divorce proceedings.
Section 25: Permanent Alimony
- Court may order one-time or monthly maintenance.
📌 Case Law: Bhuwan Mohan Singh v. Meena (2014) – Maintenance is a husband’s duty.
PART 4: Miscellaneous (Sections 29-30)
- Section 29: Preservation of customs.
- Section 30: HMA does not affect rights under other laws.
Comparison: Hindu Marriage Act vs Special Marriage Act
| Aspect | HMA (1955) | SMA (1954) |
|---|---|---|
| Applies to | Hindus, Buddhists, Jains, Sikhs | Inter-religion & all citizens |
| Ceremonies | Traditional Hindu rites | Court marriage |
| Divorce | Grounds under Section 13 | Grounds under Section 27 |
| Registration | Not mandatory (except some states) | Mandatory |
FAQs on Hindu Marriage Act, 1955
1️⃣ Is registration of Hindu marriage compulsory?
Yes, as per Seema v. Ashwani Kumar (2006), marriage registration is mandatory.
2️⃣ Can a Hindu marry a non-Hindu under HMA?
No. They must marry under the Special Marriage Act, 1954.
3️⃣ What is the minimum marriage age under HMA?
- Male: 21 years
- Female: 18 years
4️⃣ How long does a mutual divorce take under Section 13B?
Usually 6 months, but the court can waive it.
5️⃣ What is the maintenance amount under HMA?
Decided based on:
- Husband’s income
- Wife’s financial status
- Standard of living
Conclusion
The Hindu Marriage Act, 1955 ensures legal protection for Hindu marriages, rights of spouses, divorce provisions, and maintenance rights. If you need drafts for petitions, mutual divorce agreements, or maintenance claims, let me know! 😊
