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Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 is a key piece of legislation in India that governs marriages among Hindus. It was enacted to regulate Hindu marriages and establish uniform rules regarding marriage, divorce, and related matters.

Applicability

The Act applies to:

• Hindus, Buddhists, Jains, and Sikhs
• Any other person who is not a Muslim, Christian, Parsi, or Jew, unless governed by a separate law
• People domiciled in India, regardless of where the marriage takes place

Key Provisions

1. Conditions for a Valid Marriage (Section 5)
   A Hindu marriage is valid if:

   • Neither party has a living spouse at the time of marriage (monogamy).
   • Both individuals are of sound mind and capable of giving valid consent.
   • The bridegroom is at least 21 years old, and the bride is at least 18 years old.
   • The parties are not within the degrees of prohibited relationship unless allowed by custom.
   • The parties are not sapindas (close blood relatives) unless permitted by custom.

2. Ceremonies of Marriage (Section 7)
   A Hindu marriage must be solemnized according to customary rites and ceremonies. The most common is the saptapadi (seven steps around the sacred fire), after which the marriage is considered complete and binding.

3. Registration of Marriage
   Though registration is not mandatory, it is encouraged for legal proof and to avoid disputes.

4. Restitution of Conjugal Rights (Section 9)
   If either spouse withdraws from the other’s society without a valid reason, the aggrieved party can seek a court order for the restoration of marital rights.

5. Judicial Separation (Section 10)
   Either spouse can seek judicial separation on grounds similar to those for divorce. This does not dissolve the marriage but suspends marital obligations.

6. Divorce (Section 13)
   Grounds for divorce include:

   • Adultery
   • Cruelty
   • Desertion (for at least two years)
   • Conversion to another religion
   • Mental disorder
   • Incurable leprosy or venereal disease
   • Renunciation of the world
   • Not heard of as being alive for seven years

   Additional grounds are provided for women, such as husband’s remarriage before 1955, rape, sodomy, or bestiality.

7. Divorce by Mutual Consent (Section 13B)
   If both parties agree, they can file for divorce after one year of separation and must wait for a six-month cooling-off period.

8. Maintenance and Alimony (Section 24 & 25)
   Either spouse can claim maintenance during and after divorce, depending on financial needs.

9. Legitimacy of Children (Section 16)
   Children born from void or voidable marriages are considered legitimate.

10. Property Rights
    Divorced women can seek maintenance and residence rights but do not automatically gain a share in the husband’s property unless awarded by the court.

Conclusion

The Hindu Marriage Act, 1955, plays a crucial role in regulating Hindu marriages and ensuring fairness in marital relationships. It provides a legal framework for marriage, separation, and divorce while protecting the rights of spouses and children. Over the years, amendments and judicial interpretations have refined its provisions to align with changing social norms.