Hindu Marriage Act, 1955: Chapters, Key Sections, Rights & Rules

If you are a Hindu and is going to marry a Hindu or married to Hindu, you must go through the Hindu Marriage Act, 1955 since this act provides laws relating to marriage, such as conditions for legal recognition of a marriage, void marriage, divorce and more. Continue reading to know:

• Key provisions of the Hindu Marriage Act, 1955
• Is the Hindu Marriage Act applicable to you?
• Important sections of the Hindu Marriage Act, 1955
• Legal grounds upon which you can apply for a divorce 

What Is the Hindu Marriage Act, 1955?

The Hindu Marriage Act of 1995 is a law that creates rules for a Hindu marriage from start to end. This Act has regulations regarding the formalities of marriage and grounds for annulment or divorce. The Hindu Marriage Act is divided into six chapters, which consist of 29 sections.

The Hindu Marriage Act (‘Act’) aims to make Hindu marriages more structured and protect the rights of individuals in a Hindu marriage. Before this law, almost no provisions were there to govern Hindu marriages and the related rights of spouses. This created problems in people’s marriages, and getting justice was impossible in the court of law due to a lack of laws.

Thus, the Hindu Marriage Act of 1995 was enacted to regulate marriages among Hindus, Buddhists, Jains, and Sikhs in India. This law brought order among couples by setting legal boundaries and rights for both spouses. It developed grounds for marriage formalities and divorce rules.

Key Features of the Hindu Marriage Act

Here is a list of the most essential features of the Hindu Marriage Act.

Forbidding Bigamy 

• The Hindu Marriage Act forbids a person from having more than one wife or husband at a time. 
• Section 5 of the Act states that one person cannot marry another person without settling the previous marriage via divorce or the previous marriage ended due to the death of the spouse.

Minimum Age for Marriage

• Section 5(iii) of the Act states that a man should be at least 21 years of age and a woman should be at least 18 years of age at the time of marriage. 
• A marriage of Hindu people prior to this age is considered null and void (not a valid marriage as per law).

Persons Covered

• The Act says that any Hindu person, including Buddhists, Jains, and Sikhs by religion, whether living in India or outside India, is directly subject to the 
• Hindu Marriage Act and liable to all its laws regarding marriage.

Mental Stability for Marriage

• Couples should be mentally fit at the time of marriage. 
• A marriage is considered null and void (not recognised by law) if any one or both people are not fit mentally to give consent for the marriage, unfit for marriage due to mental disorder or insane. 

Registration

• Hindu people can get their marriage certificates from the marriage registrar. 
• Marriage registration is compulsory in some states, while it is not so in others. 
• However, a marriage is not considered null and void if someone does not have these certificates as long as the marriage takes place with the customary rites and ceremonies of either party.

Restitution of Conjugal Rights

• According to the Act, if one partner leaves the other without any valid reason, then the other partner can take the help of the court to bring back their spouse.

Divorce

• The Act permits to apply for divorce after a year of marriage. 
• Couples can opt for judicial separation in place of divorce before a year of marriage. 
• However, if a person faces high-grade hardships in a marriage, they can demand a divorce. 
• This Act also allows exceptional grounds, which would enable only a wife to get a divorce from her husband even if the husband does not agree to the divorce.

Applicability of the Hindu Marriage Act

The Hindu Marriage Act of 1955 applies to persons belonging to the following persons:

• Anyone who is a Hindu by religion in any of its forms or developments, including a Lingayat, a Virashaiva, a follower of the Brahmo, Prarthana or Arya Samaj
• Anyone who is a Buddhist, Jaina or Sikh by religion
• Anyone domiciled in India who is not a Muslim, Parsi, Christian or Jew by religion

Void and Voidable Marriages

Section 5 of the Hindu Marriage Act, 1955, states that a couple must meet certain conditions for a marriage to be legal. If they don’t, the marriage is considered void or voidable.

Voidable Marriage

Hindu Marriage Act considers a marriage voidable (i.e. marriage is valid under the Act and can be declared invalid) in any of the following cases:

• If one party is unable to reproduce, then it can be annulled later.
• When someone cannot give consent for marriage due to mental illness, unfit for marriage due to mental disorder or has regular attacks of insanity, then the marriage can be annulled.
• It can be annulled if the wife was pregnant with another man at the time of marriage without the knowledge of the bridegroom.

Void Marriage

Hindu Marriage Act considers a marriage void (invalid under the Act) in any of the following cases:

• If one party is already married and has a living spouse.
• If the parties are within the degrees of prohibited relationship, unless their customs or usages permit marriage between them.
• If the parties are sapindas of each other, unless their customs or usages permit marriage between the them.

Important Sections of the Hindu Marriage Act

Here is a list of essential sections of the Hindu Marriage Act of 1955.

• Section 7 of the Hindu Marriage Act deals with ceremonies of Hindu marriage. It says that a Hindu couple must solemnise their marriage according to the customary rites and ceremonies of either party. Saptapadi, or seven rounds of fire, is the most important marriage ceremony to be legally recognised under the Act.
• Section 9 of the Hindu Marriage Act states that the other partner can approach the court if either partner leaves without a reasonable excuse. If the leaving party does not have a valid reason to leave, the court will restitute rights and ask the leaving party to return and start living with the spouse.
• Section 10 of the Hindu Marriage Act deals with Judicial Separation. It allows both spouses to seek judicial separation on specific grounds. A judicial separation does not dissolve the marriage; however, it suspends the spouse’s marital obligations, allowing them to live separately.
• Section 13 of the Hindu Marriage Act deals with the grounds for divorce. Either party has a right to file for a divorce on the grounds provided in this section. Adultery, desertion, cruelty, unsound mind, renunciation, etc, are some acceptable reasons for divorce.
• Section 13B of the Hindu Marriage Act pertains to divorce by mutual agreement. The Act allows parties to be mutually separated when they think their marriage is not working and is beyond repair. The couple must be at least one year into marriage to get a divorce.
• Section 14 of the Hindu Marriage Act states that both parties should not present a petition for divorce within one year of marriage except if the spouses are facing exceptional marital hardships.
• Section 15 of the Hindu Marriage Act states when divorced partners have a right to marry again. It provides that divorced parties can re-marry after the court passes the divorce decree and the time to file an appeal against the divorce decree has expired.
• Section 24 of the Hindu Marriage Act deals with the maintenance pendente lite and expenses of divorce proceedings. This means that either the husband or the wife can seek financial support from the other spouse at the time of divorce or other matrimonial proceedings.
• Section 25 of the Hindu Marriage Act deals with permanent alimony and maintenance. Under this section, the court can order either spouse to grant a specific amount of financial support to the other partner after the divorce, legal separation, or annulment of a marriage.
• Section 26 of the Hindu Marriage Act deals with the custody, maintenance, and education of the children if their parents divorce. The court decides who will have custody, keeping the child's welfare as its primary objective.

Grounds for Divorce Under the Hindu Marriage Act

The court can dissolve a Hindu marriage for valid grounds provided under Section 13 of the Act. Here are the grounds under which a person can file for divorce:

• Cruelty: A person might be a victim of physical or mental abuse in a marriage. They can demand a divorce in such cases.
• Adultery: A person can demand a divorce if their partner has willfully had sexual intercourse with someone other than the partner.
• Conversion of Religion: Divorce can be granted if the partner has omitted Hinduism as their religion and has converted to some other religion.
• Deserting a partner: If one spouse has been deserted by their partner for two years or more, then they can demand a divorce.
• Disease: If a partner has been diagnosed with an incurable unsound mind, suffering continuously or intermittently from a mental disorder or from venereal disease in a communicable form, the other partner can seek divorce.
• Assumption of Death: One can file a petition for divorce if their partner has not been seen alive for seven years or more.
• Renouncing the World: One can file a petition for divorce if their partner has renounced the world by entering any religious order.

Differences Between the Hindu Marriage Act and the Special Marriage Act

Here is a table explaining the key difference between the Hindu and Special Marriage Acts.

Hindu Marriage Act 1955 PDF Download

Download PDF of the Hindu Marriage Act 1955.

The Hindu Marriage Act of 1955 constructs grounds for Hindu marriages and offers stability and reliability in Hindu marriages. It created laws for marriage, including its eligibility and rules regarding every step in a marriage. This makes it easy for people to get justice in a court of law at problematic times. The Government has also introduced a special marriage act, which it has developed for all the residents in India, regardless of their religion and caste, making it more reachable.

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