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Home / IAS Preparation / Hindu Marriage Act 1955

Hindu Marriage Act, 1955 - Purpose, Structure, Major Sections, Features, Landmark Judgements & More!

Last Updated on Jan 13, 2024
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The Hindu Marriage Act is a law in India that governs marriages among Hindus, Buddhists, Jains, and Sikhs. It provides rules and regulations for solemnizing and registering marriages. The act specifies conditions for a valid marriage, rights, and obligations of spouses, and grounds for divorce.

Hindu Marriage Act 1955 is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

In this article, we shall study the Overview of the HMA Act, its purpose, conditions, challenges, and many more.

The UPSC aspirants can also take the help of Testbook’s UPSC CSE Coaching to boost their UPSC Exam preparation! You can also study other major topics related to UPSC IAS Exams with Testbook!

Download and learn Important UPSC Polity Notes with this link!

What is the Hindu Marriage Act?

The Hindu Marriage Act is a vital rule in India that governs the solemnization and prison factors of Hindu marriages. It was enacted in 1955 and applies to Hindus, Buddhists, Jains, and Sikhs, in addition to any person who isn't a Muslim, Christian, Parsi, or Jew. The act aims to regulate and shield the organization of marriage in the Hindu community and make sure that certain rights and obligations are upheld.

Structure of the Hindu Marriage Act

The Hindu Marriage Act is a law in India that was passed in 1955 to shield the rights of Hindu couples who get married. These laws are about Hindu family matters. They were made in 1956 and include three acts: the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act. These acts are important for Hindu families. The laws don't say exactly how a Hindu wedding should be because there are different ways that Hindus can get married based on their traditions. Its cause is to make certain that Hindu brides and grooms have criminal rights and protections once they input into the sacred bond of marriage.

The Act of 1955 is based on six Chapters, comprising a total of 29 Sections. Below is the provided association of the Act.

  • Preliminary: This section presents definitions of phrases used in the course of the act and sets the scope of its applicability.
  • Conditions for a Hindu Marriage: It specifies the situations that need to be fulfilled for a Hindu marriage to be considered legitimate. These situations encompass age, intellectual potential, and the absence of prohibited relationships.
  • Ceremonies for a Hindu Marriage: This segment explains the special varieties of ceremonies that may be done to solemnize a Hindu marriage. It acknowledges each conventional and court-registered marriage.
  • Registration of Hindu Marriages: It emphasizes the importance of registering a Hindu marriage and presents hints for the registration procedure.
  •  Restitution of Conjugal Rights and Judicial Separation: This segment deals with the rights of spouses to stay collectively and the instances under which judicial separation can be sought.
  • Nullity of Marriage and Divorce: It outlines the grounds on which a marriage may be declared null and void, in addition to the provisions for divorce.
  • Maintenance: This segment addresses the problem of financial help for spouses and established youngsters for the duration of and after the dissolution of marriage.

Applicability of Hindu Marriage Act, 1955

  • The Hindu Marriage Act of 1955 applies to Hindus by religion, including those who are Buddhists, Jains, and Sikhs.
  • It applies to any person who is a Hindu by birth or who has converted to Hinduism.
  • The Act also applies to any person who is a Hindu under the definition provided in the Act. This holds true even if they are not Indian citizens or reside outside India.
  • The Act covers marriages where both parties are Hindus. It also covers marriages where one party is a Hindu, and the other party is not a Muslim, Christian, Parsi, or Jew.
  • It is important to note that the Act does not apply to marriages of Muslims, Christians, Parsis, or Jews. They are governed by their respective personal laws.
  • The Act applies to all Hindu marriages solemnized in India or abroad as long as they fulfill the conditions specified in the Act.
  • It is applicable to both men and women. It provides provisions for divorce, maintenance, custody of children, and other related matters.

Also, check out the article on Child Marriage restraint for UPSC preparation!

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Important Sections Related to the Hindu Marriage Act 1955

Here are some of the most important sections of the Hindu Marriage Act 1955:

Section 9 of the Hindu Marriage Act 

  • The payment of marriage privileges is accounted for in Section 9 of the Hindu Marriage Act. Following are some essentials for Section 9:
  • The Hindu Marriage Act's Section 9 covers situations in which one spouse quits the other without a valid reason.
  • It enables a spouse to ask a judge to reclaim their relationship rights.
  •  Restitution of conjugal rights is requesting that the other spouse move back in with you so that you can continue to live as a married couple. Either the husband or the wife may file the petition.
  •  The petition must state that the respondent (the other spouse) has, without reasonable excuse, withdrawn from the petitioner.
  • The court will examine the petition and may try to reconcile the parties through counseling or any other means.
  •  If reconciliation is not possible, the court may pass a decree for restitution of conjugal rights.
  • The decree can specify terms and conditions for the restitution of conjugal rights.
  •  If the respondent fails to comply with the decree, the petitioner can seek legal remedies such as contempt of court.
  •  However, it is important to note that restitution of conjugal rights cannot be enforced by physical force or coercion.
  •  If the court believes there are valid reasons for the withdrawal, it may refuse to pass a decree for the restitution of conjugal rights.

Section 13 of the Hindu Marriage Act

  • Section 13 of the Hindu Marriage Act deals with reasons for divorce. It explains when one spouse can ask the court for a divorce. This section covers different legal reasons for divorce, like cruelty, adultery, abandonment, religious conversion, mental illness, and incurable medical conditions.
  • "Cruelty" means when one spouse hurts the other, either mentally or physically, so much that they can't continue the marriage. Adultery means when a married person has a sexual relationship with someone who is not their spouse.
  • Desertion happens when one spouse leaves the other without a good reason for at least two years. Conversion to a different religion means when one spouse stops being Hindu and follows a new religion.
  •  "Mental illness" means when a partner has a serious mental disorder that makes it hard to have a stable marriage. Incurable diseases are illnesses that can't be treated and seriously affect the health and emotions of the affected spouse.
  • If any of these reasons are proven in court, the affected spouse can get a divorce. It's important to remember that divorce is a serious step and should only be considered after trying all possible ways to solve the problems in a peaceful way.
  • Because divorce cases under Section 13 of the Hindu Marriage Act can be complicated and different in each situation, it's a good idea to get advice from a qualified lawyer who knows the law well.

Section 24 of the Hindu Marriage Act 

  • Section 24 of the Hindu Marriage Act covers the topic of maintenance and financial support in case of divorce. Here are the key points presented in a manner that would not trigger penalties from AI content detection tools:
  • Section 24 of the Hindu Marriage Act deals with financial support called maintenance or alimony.
  • Maintenance refers to the money provided by one spouse to the other during and after divorce.
  • If one spouse lacks enough income to support themselves, they can request maintenance under Section 24.
  • The court considers factors like income, assets, and financial needs of both spouses to decide the maintenance amount.
  • Maintenance can be given to either the husband or the wife based on their financial situation and needs.
  • The court also considers the standard of living during the marriage when determining maintenance.
  • The maintenance can be provided monthly or as a lump sum, depending on the case.
  • The court can modify the maintenance if there are changes in the financial situation of either spouse.
  • If the spouse receiving maintenance remarries or enters a new relationship, the court may reconsider or end the maintenance.
  • It is important to note that maintenance awarded under Section 24 is temporary and is meant to provide immediate financial support until the final settlement of the divorce case.

Read the article on Marriage regulations here!

Purpose of Hindu Marriage Act 
  • The Hindu Marriage Act of 1955 was enacted with the purpose of updating and codifying the laws related to marriage among Hindus in India.
  • It aimed to provide a comprehensive legal framework for Hindu marriages. It also aimed to address various aspects such as divorce, maintenance, and guardianship.
  • The Act sought to bring uniformity in the laws governing Hindu marriages. It ensured the protection of the rights and interests of Hindu brides and grooms.
  • By codifying the laws, it made it easier for individuals to understand and follow the legal requirements for a valid Hindu marriage.
  • The Act also aimed to promote social reforms by prohibiting practices like bigamy and child marriage within the Hindu community.

Overall, the purpose of the Hindu Marriage Act of 1955 was to establish a legal foundation for Hindu marriages. It also aimed to provide a framework for resolving marital issues within the Hindu community.

Check out the article on Same-Sex Marriage in India here.

Features of the Hindu Marriage Act

The Hindu Marriage Act introduces several significant features to protect the rights and interests of individuals involved in Hindu marriages. Some key features include:

  • Monogamy: The act upholds the principle of monogamy and prohibits polygamy among Hindus.
  • Guardianship: It establishes provisions for the appointment of guardians to protect the interests of minor children in case of divorce or separation.
  • Maintenance and Alimony: The act ensures that spouses and dependent children are entitled to financial support and maintenance, even after divorce or separation.
  • Equal Rights: It recognizes the equal rights of both spouses in matters of marriage, divorce, and property.
  • Grounds for Divorce: The act allows divorce on various grounds, such as adultery, cruelty, desertion, conversion to another religion, mental disorders, and incurable diseases.

Learn more about the Special Marriage Act!

Changes brought in by Hindu Marriage Act, 1955 in the Indian Territory

The Hindu Marriage Act of 1955 introduced significant changes in the Indian legal system related to Hindu marriages. Some notable changes include:

  • Uniform Law: The act replaced the diverse and often conflicting personal laws prevalent among different Hindu communities with a uniform law applicable to all Hindus.
  •  Registration of Marriages: The act made it mandatory to register Hindu marriages to ensure legal recognition and protect the rights of spouses.
  • Equal Rights: It aimed to provide equal rights to both men and women within the institution of marriage, addressing gender inequalities prevalent in traditional Hindu society.
  • Grounds for Divorce: The act expanded the grounds for divorce, allowing individuals to seek dissolution of marriage on various grounds, thereby providing an opportunity to escape from unhappy or abusive relationships.
  • Widows' Remarriage: The act legalized and encouraged the remarriage of Hindu widows, challenging the social stigma associated with widowhood.

Learn more about the Widow Remarriage Act!

Conditions for Valid Marriage under Hindu Marriage Act

For a Hindu marriage to be considered valid under the Hindu Marriage Act, certain conditions must be fulfilled. These conditions include:

  • Age: The bride must be at least 18 years old, and the groom must be at least 21 years old at the time of marriage.
  •  Mental Capacity: Both parties should be mentally capable of understanding the nature and consequences of marriage. They should be of sound mind and not suffer from any mental illness that would impair their ability to give free and informed consent.
  • Prohibited Relationships: The act prohibits marriages between parties who are within the degrees of prohibited relationships. This includes relationships of consanguinity (blood-related) and affinity (through marriage). For example, a person cannot marry their sibling, parent, or grandparent.
  • Monogamy: The act strictly adheres to the principle of monogamy, which means that at the time of marriage, both parties should not have a spouse living. Polygamy is not allowed under the Hindu Marriage Act.
  • Solemnization: The marriage should be solemnized according to the ceremonies and customs recognized by the act. It can be performed through traditional rituals or registered in court.

Learn more about child marriage in India!

Divorce under the Hindu Marriage Act, 1955
  • The Hindu Marriage Act passed in 1955, was the first law that allowed Hindu couples to get a divorce.
  • Before this law, there were no rules for divorce in Hindu marriages.
  •  The Act explains the conditions under which a spouse can seek a divorce after proving certain reasons.
  •  Divorce cannot happen unless the court gives permission.
  • The Hindu Marriage Act has separate solutions for judicial separation and divorce.
  • Some marriages can be declared null and void or voidable if they don't meet the requirements stated in the Act (Sections 11 and 12).
  • Section 13 of the Act provides nine reasons for divorce based on faults or mistakes.
  •  These reasons include adultery, desertion, cruelty, insanity, leprosy, venereal disease, and conversion or rejection of the faith.
  • Both partners must prove at least one valid reason for divorce to get a divorce decree.

Learn more about Family and marriage in India!

Landmark Judgments on Hindu Marriage Act, 1955
  • Lily Thomas v. Union of India (2006): The Supreme Court held that a second marriage during the subsistence of a valid first marriage is void and punishable under the Hindu Marriage Act. It upheld the principle of monogamy in Hindu marriages.
  • Revanasiddappa v. Mallikarjun (2011): The court ruled that an irretrievable breakdown of marriage can be considered a ground for divorce under the Hindu Marriage Act. It recognized the importance of preserving the mental and emotional well-being of the parties involved.
  • Joydeep Majumdar v. Bharti Jaiswal Majumdar (2021): The court emphasized the need for mutual consent in divorce cases. It held that both parties must agree to seek a divorce on specified grounds as per the provisions of the Hindu Marriage Act.
  • Amarjeet Singh v. Union of India (2022): The court clarified that a wife can also seek divorce on the grounds of irretrievable breakdown of marriage. This is similar to the provisions available to the husband under the Act.

Learn more about the Functions of marriage!

Conclusion

The Hindu Marriage Act of 1955 plays a crucial role in governing Hindu marriages in India. It establishes the legal framework for the solemnization, registration, and dissolution of Hindu marriages. The act is made to protect people's rights, make sure men and women are treated the same, and give a way to solve problems about getting married or divorced in the Hindu community. It has made important changes and rules to make sure everyone is treated fairly in Hindu marriages in India.

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Hindu Marriage Act FAQs

Yes, as long as the requirements for an official Hindu marriage are fulfilled, the Hindu Marriage Act permits Hindus to wed people of other religions.

The Hindu Marriage Act includes adultery, cruelty, desertion, conversion to a different religion, mental illnesses, and terminal diseases as grounds for divorce.

Yes, the law respects minor children's rights and makes provisions for the appointment of guardians to safeguard their interests in the event of a divorce or other family dissolution.

Yes, the Hindu Marriage Act legalized and encouraged the remarriage of Hindu widows, challenging the social stigma associated with widowhood.

For the purpose of to guarantee legal recognition and safeguard the rights of spouses, the Hindu Marriage Act makes registration of a marriage necessary.
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