The Hindu Marriage Act, 1955 is a landmark legislation that codifies and reforms the law relating to marriage among Hindus in India. It came into force on 18 May 1955 and applies to Hindus, Buddhists, Jains, and Sikhs. The Act lays down the conditions for a valid Hindu marriage, provides for registration of marriages, and deals with matrimonial remedies including restitution of conjugal rights, judicial separation, and divorce.
Key Features of the Act
- Codifies Hindu customary law on marriage
- Lays down essential conditions for a valid Hindu marriage
- Provides for registration of Hindu marriages
- Introduces grounds for divorce (further expanded by the Marriage Laws Amendment Act, 1976)
- Recognises irretrievable breakdown of marriage through mutual consent divorce (Section 13B)
Table of Contents – All Sections
Part I – Preliminary
- Section 1 – Short Title and Extent
- Section 2 – Application of Act
- Section 3 – Definitions
- Section 4 – Overriding Effect of Act
Part II – Hindu Marriages
- Section 5 – Conditions for a Hindu Marriage
- Section 6 – Guardianship in Marriage [Repealed]
- Section 7 – Ceremonies for a Hindu Marriage
- Section 8 – Registration of Hindu Marriages
Part III – Void and Voidable Marriages
- Section 9 – Restitution of Conjugal Rights
- Section 10 – Judicial Separation
- Section 11 – Void Marriages
- Section 12 – Voidable Marriages
- Section 13 – Divorce
- Section 13A – Alternate Relief in Divorce Proceedings
- Section 13B – Divorce by Mutual Consent
Part IV – Jurisdiction and Procedure
- Section 14 – No Petition for Divorce to be Presented Within One Year of Marriage
- Section 15 – Divorced Persons When May Marry Again
- Section 16 – Legitimacy of Children of Void and Voidable Marriages
- Section 17 – Punishment of Bigamy
- Section 18 – Punishment for Contravention of Certain Other Conditions for a Hindu Marriage
- Section 19 – Court to Which Petition Shall Be Presented
- Section 20 – Contents and Verification of Petitions
- Section 21 – Application of Act 5 of 1908
- Section 21A – Power to Transfer Petitions in Certain Cases
- Section 21B – Special Provision Relating to Trial and Disposal of Petitions
- Section 21C – Documentary Evidence
- Section 22 – Proceedings to be in Camera
- Section 23 – Decree in Proceedings
- Section 23A – Relief for Respondent in Divorce and Other Proceedings
- Section 24 – Maintenance Pendente Lite and Expenses of Proceedings
- Section 25 – Permanent Alimony and Maintenance
- Section 26 – Custody of Children
- Section 27 – Disposal of Property
- Section 28 – Appeals from Decrees and Orders
- Section 28A – Enforcement of Decrees and Orders
- Section 29 – Savings
- Section 30 – Repeals
Note: Sections 13A, 21A, 21B, 21C, 23A, and 28A were inserted by the Marriage Laws (Amendment) Act, 1976. Section 6 relating to guardianship in marriage was repealed by the Child Marriage Restraint (Amendment) Act, 1978.
