A curated selection of the Hindu Marriage Act's most-used provisions — conditions for a valid marriage, judicial separation, grounds for divorce, and maintenance. Not the complete text; verify against India Code before citing.
Provided for study purposes. Cross-check against the official source (India Code / the relevant government gazette) before citing or relying on this text — amendments and corrections may not be reflected here.
A marriage may be solemnised between any two Hindus if — neither party has a spouse living at the time of the marriage; neither party is incapable of giving valid consent, or suffering from a mental disorder unfit for marriage and procreation; the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years; the parties are not within the degrees of prohibited relationship, unless the custom governing each of them permits such a marriage; and the parties are not sapindas of each other, unless the custom governing each of them permits such a marriage.
A Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party. Where such rites and ceremonies include the saptapadi — the taking of seven steps by the bridegroom and the bride jointly before the sacred fire — the marriage becomes complete and binding when the seventh step is taken.
The State Government may make rules providing for the maintenance of a Hindu Marriage Register, and for the entering of particulars of Hindu marriages in such a register. The State Government may also provide that the entering of particulars in the register shall be compulsory. The registration of a marriage does not, by itself, affect the validity of the marriage.
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition, to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in the petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified for divorce. Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on application, rescind the decree if it considers it just and reasonable to do so.
Any marriage solemnised after the commencement of this Act shall be null and void, and may be so declared by a decree of nullity, if it contravenes the conditions relating to a spouse already living, the degrees of prohibited relationship, or being sapindas of each other.
A marriage is voidable and may be annulled by a decree of nullity on grounds including that the marriage has not been consummated owing to the impotence of the respondent, that consent was obtained by force or fraud, or that the respondent was pregnant by some person other than the petitioner at the time of the marriage.
Either party to a marriage may present a petition for divorce on grounds that include — the other party has, after the marriage, had voluntary sexual intercourse with any person other than their spouse; has treated the petitioner with cruelty; has deserted the petitioner for a continuous period of not less than two years; has ceased to be a Hindu by conversion to another religion; or has been incurably of unsound mind for a continuous period.
Both parties to a marriage may present a petition for divorce on the ground that they have been living separately for a period of one year or more, that they have not been able to live together, and that they have mutually agreed that the marriage should be dissolved. On motion by both parties, made between six and eighteen months after the petition is presented, if not withdrawn, the court shall pass a decree of divorce.
No petition for divorce shall be presented to the court unless one year has elapsed since the date of the marriage. The court may, on application, allow a petition to be presented earlier on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree, or the time for appealing has expired without an appeal having been presented, or an appeal has been presented but dismissed, it shall be lawful for either party to marry again.
Notwithstanding that a marriage is null and void, any child of such marriage who would have been legitimate if the marriage had been valid shall be legitimate, whether or not a decree of nullity is granted. Such a child has rights only in the property of the parents and no rights in the property of any other person.
Any marriage between two Hindus solemnised after the commencement of this Act is void if, at the date of the marriage, either party had a husband or wife living, and the provisions of the general criminal law relating to bigamy apply accordingly.
Every person who procures a marriage for themselves in contravention of the conditions as to the age of the parties, the degrees of prohibited relationship, or sapinda relationship is punishable as provided in this section.
In any proceeding under this Act, the court shall decree the relief only if satisfied that the ground exists, that the petitioner is not in any way taking advantage of their own wrong or disability, that the petition is not presented in collusion, and that there has not been any unnecessary or improper delay in instituting the proceeding. Before proceeding to grant relief, it is the duty of the court in the first instance to make every endeavour to bring about a reconciliation between the parties, where that is consistent with the nature and circumstances of the case.
Where in any proceeding under this Act it appears to the court that either the wife or the husband has no independent income sufficient for their support and the necessary expenses of the proceeding, the court may, on the application of either party, order the other party to pay to the applicant the expenses of the proceeding and such monthly sum during the proceeding as it considers reasonable.
Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, order that the respondent shall pay to the applicant, for their maintenance and support, such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant, as the court may think reasonable, having regard to the respondent's own income and other property, the applicant's income and property, the conduct of the parties, and other circumstances of the case.
In any proceeding under this Act, the court may from time to time pass such interim orders and make such provisions in the decree as it deems just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may revoke, suspend or vary such orders at any time afterwards.
In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented at or about the time of marriage which may belong jointly to both the husband and the wife.
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