Hindu Marriage Act, 1995 – Marriage Laws In India

The Hindu Marriage Act is an act that regulates and updates the rules for marriages between Hindus, Sikhs, Jains, and Buddhists. The parliament passed the Hindu Marriage Act of 1955. It contains the rules about Hindu marriage, restoration of marriage rights, legal separation and divorce, maintenance, and guardianship. The conditions for a legally binding Hindu marriage are covered in Sections 5 and 7 of the Hindu Marriage Act.

In this article, we will look into the Hindu Marriage Act of 1955 in detail along with the important sections of the Hindu Marriage Act, its structure, and features.

What is the Hindu Marriage Act of 1955?

The Hindu Marriage Act is an act that was enacted by the Parliament of India on 18th May 1955. It came into effect immediately after it was enacted. The act’s main purpose was to define and change the laws related to marriage between Hindus and others. Separation and divorce, which are likewise covered by Sastrik Law, were included in the codification and amendment of Sastrik Law. The act brought legal consistency to all Hindu communities. There are civil regulations in India that are exclusive to certain religions and that apply only to their followers.

Structure of the Hindu Marriage Act, 1955

The Hindu Marriage Act is an Act of the Indian Parliament that was approved on May 18, 1955. The Hindu Succession Act of 1956, the Hindu Minority and Guardianship Act of 1956, and the Hindu Adoptions and Maintenance Act of 1956 were all passed at this time as part of the Hindu Code Bills.  The Hindu Marriage Act, of 1955 was created to protect the legal rights of Hindu brides and grooms who are joined by the holy bond of marriage. Hindu tradition allows a man and woman to get married in several ways, therefore the type of ceremony that must take place is not required by law.

There are a total of 29 Sections in six Chapters of the Act of 1955. The layout of the act is given below:

• Chapter I: Preliminary
• Chapter II: Hindu Marriages
• Chapter III: Restitution of conjugal rights and judicial separation
• Chapter IV: Nullity of marriage and divorce
• Chapter V: Jurisdiction and Procedure
• Chapter VI: Savings and repeals

Features of the Hindu Marriage Act

The following are the features or characteristics of the Hindu Marriage Act:

• It is illegal for a man to have more than one wife at the same time. Bigamy, or having two living wives at the same time, is prohibited by Section 5 of the Act.
• The legal law establishes the time frame for marriage. The Hindu Marriage Act of 1955 states in Section 5(iii) that the bridegroom and the bride must both be at least 21 and 18 years old to be married.
• Section 9 of the 1955 Act provides for the recovery of marital rights. The right to stay together is referred to as the restitution of marital rights. Conjugal rights are those that result from a marriage partnership.
• If a person was mentally incompetent at the time of marriage, their union would be considered void. Before becoming married, the partner must also give their legally binding permission. The requirements for Hindu marriage in terms of mental well-being and aptitude are listed in section 5 (ii)(a), (b), (c).
• According to the act, a marriage is valid if it is performed with the traditional rights and privileges. In legal terms, post marriage children belong to their father, who has a duty to protect and care for them.

Important Sections of the Hindu Marriage Act

Some of the important sections of the Hindu Marriage Act, of 1955 are mentioned below:

Section 5 Hindu Marriage Act

Section 5 of the Hindu Marriage Act 1955 outlines the requirements for a Hindu marriage. It states that two Hindus can marry if neither party has a spouse, cannot give their consent due to mental instability, has a severe mental illness that makes them unfit for marriage, has experienced repeated episodes of mental illness, is 21 years old, and 18 years old at the time of marriage, is not in a prohibited relationship, and is not sapindas of each other.

Section 9 in Hindu Marriage Act

Section 9 of the Hindu Marriage Act of 1955 addresses the restoration of rights that come with being married. It says that the harmed party may apply to a district court for the restoration of conjugal rights if one spouse has abandoned the other without providing a valid cause.

If the court determines that the petitioner is not at fault and that there is no legal basis for the withdrawal, it may issue an order for the restoration of conjugal rights, requiring the other spouse to move back into the marital residence and begin living together again.

Section 11 Hindu Marriage Act

Section 11 Hindu Marriage Act discusses null and void marriages. Any marriage performed after the effective date of this Act will be deemed null and void and may be declared as such by a decree of nullity upon a petition filed by either party (against the other party) if it violates any of the requirements listed in clauses (i), (iv), and (v) of section 5.

Section 12 Hindu Marriage Act

According to section 12 of the Hindu Marriage Act, a decree of nullity of marriage may be issued if the respondent’s impotence, violation of the requirements outlined in section 5 clause (ii), or respondent’s physical or mental state prevented consummation of the marriage. Either the petitioner or guardian’s agreement to the marriage was forced or fraudulently obtained, or the responder was pregnant by someone else.

If a petition for annulment of marriage based on consent obtained through force or fraud is filed more than a year after the force or fraud was uncovered, it cannot be granted. The petition needs to be submitted within a year of the discovery if consent was gained through fraud.

Section 13 of the Hindu Marriage Act

The Hindu Marriage Act’s Section 13 addresses the reasons for divorce. It states when a married couple may file for divorce with the court. Different reasons for divorce are covered in this section, including cruelty, adultery, abandonment, religious conversion, mental illness, and terminal illnesses. Cruelty is when one partner causes the other so much emotional or bodily harm that they can’t stay married. When a married individual engages in sexual contact with someone other than their spouse, it is considered adultery.

It is referred to as abandonment when one spouse departs from the other for at least two years without a valid reason. When one spouse leaves Hinduism and adopts a new religion, this is known as conversion. When a partner has a severe mental condition that makes it difficult to maintain a stable marriage, it is referred to as mental illness. The party who is impacted may file for divorce if any of these explanations are shown in court. Section 13 of the Hindu Marriage Act divorce cases are complex and unique to each case, so it’s advisable to consult with a qualified lawyer who is knowledgeable about the law.

Section 24 Hindu Marriage Act

The Hindu Marriage Act’s Section 24 addresses maintenance and financial support after a divorce. The Hindu Marriage Act’s Section 24 addresses alimony, often known as maintenance. The money given by one spouse to the other both during and after a divorce is referred to as maintenance. One spouse may apply for maintenance under Section 24 if the other does not make enough money to sustain themselves. When determining the amount of maintenance to be paid, the court takes into account the income, assets, and financial requirements of both parties.

Depending on their need and financial circumstances, the husband or the wife may receive maintenance. When assessing maintenance, the court also takes into account the standard of living throughout the marriage. Depending on the circumstances, the maintenance may be paid on a monthly basis or in one single sum. If either spouse’s financial circumstances change, the court has the authority to adjust the maintenance payment. The court may reevaluate or stop paying maintenance if the spouse who is receiving it gets married again or starts seeing someone else.

Section 25 Hindu Marriage Act

According to the section 25 of the Hindu Marriage Act, the Act permits judges, taking into account the respondent’s income, assets, and the specifics of the case, to order the respondent to provide maintenance and support to the applicant for a period of time not to exceed the applicant’s life. A charge against the respondent’s real estate may be used as security for this payment. The court may alter, amend, or revoke the order as it sees fit in the event that either party’s circumstances change. The court may also alter, amend, or revoke the order as it sees fit if the person who was in favor of it remarried, maintained chastity, or had extramarital affairs.

Divorce in Hindu Marriage Act

Marriages frequently end in divorce because, in the early Vedic Hindu civilization, marriage was seen more as a ritual than as a legally binding union. The first Hindu law to permit divorce was the Hindu Marriage Act of 1955, which set requirements for couples to file for dissolution after establishing grounds. Under Hindu law, a person cannot get a divorce unless the court has granted it. Leprosy, venereal disease, cruelty, insanity, adultery, desertion, rejection of the world, and insanity are among the nine fault-based grounds for divorce listed in Section 13 of the Act.

To get a divorce decree, any party must provide proof of at least one legitimate basis for the divorce. Both parties may pursue the divorce remedy under Section 13(1-A) and Section 13(1), which grants matrimonial relief for divorce. In 1976, changes were made to the laws regarding marriage, which led to a comparison of the grounds for divorce and judicial separation. The Marriage Laws (Amendment) Act of 1976’s Section 13-B permits divorce by mutual consent, allowing partners to apply for divorce without pointing the finger at one another.

Hindu Marriage Act UPSC

The Hindu Marriage Act of 1955 is an important topic for the UPSC CSE examination. It covers a large portion of the Polity subject covered in the UPSC Prelims General Studies Paper-1 and Mains General Studies Paper-II syllabus.

Candidates preparing for UPSC exam can refer to this article for comprehensive notes on Hindu Marriage Act, 1955 and ease of understanding of the topic.

FAQs – Hindu Marriage Act

1. What is the Hindu Marriage Act?

The Hindu Marriage Act of 1955 is a special law that addresses issues related to marriage, including nullity of marriage and divorce, judicial separation, and the restoration of conjugal rights.

2. What are the Rules for Marriage in Hinduism?

At the time of their marriage, the groom must be at least 21 years old, and the bride must be at least 18 years old. If the couple’s tradition does not forbid marriage, they should not be in a banned relationship. If the couple’s custom forbids them from being married, they shouldn’t be sapindas, or cousins.

3. What are the Conditions for Marriage under Hindu Marriage Act?

For a marriage to be considered lawful, it must meet the following requirements: When getting married, neither partner should be living with their spouse. A divorced husband or wife is not included in the spouse category. The parties must be able to provide legal agreement to the marriage at the time of the union.

4. Can a Hindu marry a non Hindu?

According to the Hindu Marriage Act, the bride and groom may only practice Hinduism, Sikhism, Jainism, or Buddhism, to the exclusion of other religions. The marriage will instantly end if one of the two switches to a non-Hindu or non-Vedic religion.

5. What is rule 13 of Hindu Marriage Act?

Section 13(1)(i) states that if a person has voluntary sexual relations with someone other than their spouse after the marriage is formally consummated, that person may seek for divorce in a court of law.