hindu marriage act with comments

7/25/2019 Hindu Marriage Act With Comments

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Hindu Marriage Act, 1955

Hindu Marriage Act,1955[25 of 1955,dt. 18-5-1955]

An Act to amend and codify the law relating to marriage among Hindu

Be it enacted by Parliament in the Sixth Year of the Republic of India asfollows:

TABLE O !O"TE"T#

!$a%ter-&'re(i)inar*

1 #$ort Tit(e and E+tent2 A%%(ication of Act

enition/0 Oerriding eect of act

!$a%ter-&&Hindu Marriage/

5 !ondition/ for a Hindu )arriage3 4uardian/$i% in )arriage !ere)onie/ for a Hindu )arriage8 6egi/tration of Hindu )arriage/

!$a%ter-&&&6e/titution of !on7uga( 6ig$t/ and udicia( #e%aration

9 6e/titution of con7uga( rig$t/

1 udicia( /e%aration!$a%ter-&:

"u((it* of )arriage and diorce11 :oid )arriage/12 :oid a;(e )arriage/1 iorce


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19 !ourt to >$ic$ %etition /$a(( ;e %re/ented2 !ontent/ and erication of %etition/21 A%%(ication of Act 5 of 198


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such person would not ha+e been #o+erned by the!indu law or by any custom or usa#e as part of thatlaw in respect of any of the matters dealt with hereinit this ct had not been passed'

2xplanation: The followin# persons are !indus$ .uddhist$

ainas or Si0hs by reli#ion$ as the case may be:3(a) any child$ le#itimate or ille#itimate$ both of whoseparents are !indus$ .uddhists$ ainas or Si0hs byreli#ion'

(b) any child le#itimate or ille#itimate$ one of whoseparents is a !indu$ .uddhist$ aina or Si0h by reli#ionand who is brou#ht up as a member of the tribe$community$ #roup or family to which such parentbelon#s4 and

(c) any person who is a con+ert or re3con+ert to the!indu$ .uddhist$ aina or Si0h reli#ion'

() 5otwithstandin# anythin# contained in sub section (1)$nothin# contained in this ct shall apply to the members ofany Scheduled Tribe within the meanin# of clause (&) ofarticle 677 of the onstitution unless entral 8o+ernment$by noti9cation in the ;cial 8a


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8o+ernment$ by noti9cation in the ;cial 8a includes thefather and =ancestress> the mother 4

(e) =prescribed> means prescribed by rules made under thisct4

(f) (i) =sapinda relationship> with reference to any person

extends as far as the third #eneration (inclusi+e) inthe line of ascent throu#h the mother$ and the 9fth(inclusi+e) in the line of ascent throu#h the father$the line bein# traced upwards in each case from theperson concerned$ who is to be counted as the 9rst#eneration'

(ii) two persons are said to be =sapindas> of each otherif one is a lineal ascendant of the other within thelimits of sapinda relationship$ or if they ha+e acommon lineal ascendant who is within the limits ofsapinda relationship with reference to each of them4

(#) =de#rees of prohibited relationship> 3 two persons are saidto be within the =de#rees of prohibited relationship> 3(i) if one is lineal ascendant of the other4 or(ii) if one was the wife or husband of a lineal ascendant

or descendant of the other4 or(iii) if one was the wife of the brother or of the fatherHs or

mothers brother or of the #randfatherHs or#randmotherHs brother of the other4 or

(i+) if the two are brother and sister$ uncle and niece$aunt and nephew or children of brother and sister orof two brother or of two sister4

2xplanation3 Dor the purposes of clauses (f) and (#)$relationship includes:3

(i) relationship by half or uterine blood as well as by fullblood4

(ii) ille#itimate blood relationship as well as le#itimate 4(iii) (iii) relationship by adoption as well as by blood 4

and all terms of relationship in those clauses shall be constructedaccordin#ly


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!OMME"T#Section 6(b): It is within the power of State 8o+ernment to

issue noti9cation and desi#nate any other ci+il court ha+in#/urisdiction in respect of the matters dealt with in this ct' In the

case of transferrin# the proceedin#s by the Cistrict ud#e to thecourt of extra ssistant ud#e$ appeal would lie to the Cistrictourt and not to the !i#h ourt 3.has0ar Padma +' "eera .ai1%B6 !-R &BJ'

Section 6(f): The Auestion whether the two are sapindas ofeach other is to be decided on the basis of the de9nition as laiddown under the !indu "arria#e ct$1%&&' Text would be of nohelp in this re#ard' Sudarsan 5ar0ar +'mina "andal 1%B !-RKK'

0 Oerriding eect of ActSa+e as otherwise expressly pro+ided in this ct :3

(a) any text$ rule or interpretation of !indu law or any customor usa#e as part of that law in force immediately before thecommencement of this ct shall cease to ha+e eFect withrespect to any matter for which pro+ision is made in thisct 4

(b)(b) any other law in force immediately before thecommencement of this ct shall cease to ha+e eFect insofaras it is inconsistent with any of the pro+isions contained in thisct'

!$a%ter &&

Hindu Marriage/5. !ondition/ for a Hindu )arriage

marria#e may be solemni


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(iii) the bride#room has completed the a#e of 6Ltwenty oneyearsN and the bride$ the a#e of JLei#hteen yearsN at thetime of marria#e

(i+) the parties are not within the de#rees of prohibitedrelationship$ unless the custom or usa#e #o+ernin# each

of them permits of a marria#e between the two4(i+) the parties are not sapindas of each other$ unless thecustom or usa#e #o+ernin# each of them permits of amarria#e between the two4 &LMMMN'

!OMME"T#!indu "arria#e ct not only ma0es bi#amous marria#e

+oid but also punishable under s'1K read with sections J%J andJ%& of Indian Penal ode' ?hat is to be established is that thesecond marria#e is +alid but for this pro+ision and the spouse tothe 9rst marria#e is the le#ally wedded spouse and the that

marria#e is ha+in# its existence on the date second marria#e issolemni su##ests some aidin# orabettin# which is acti+e or some conduct su;cient to infer suchaidin# or abettin# within the term =conni+ance>is included suchconduct which would amount to passi+e acceptance of the lapse

( Substituted by Act2 of 1978 for ei#)tee& ye"rs w.e.f. 1-1*-1978

+Substituted by Act 2 of 1978 fiftee& ye"rs w.e.f. 1-1*-1978.5l"use %i' oitted by Act 2 of 1978, w.e.f. 1-1*-1978


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of the wife and the other men concerned3*rushan handra Patra+' Tanu Patra 1%%6 (1) !-R 117

The expression =procreate> ha+in# a +ery wide meanin#$indicatin# capacity of spouse to #i+e birth as also to rear up thechildren'3l0a Sharma +'''Sharma IR 1%%1 "P O&'

?here the marria#e is solemni


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(6) ll rules made under this section shall be laid before theState -e#islature$ as soon as may be$ after they are made'

(J) The !indu "arria#e Re#ister shall at all reasonable timesbe open for inspection$ and shall be admissible as e+idenceof the statements therein contained and certi9ed extracts

therefrom shall$ on application$ be #i+en by the Re#istraron payment to him of the prescribed fee'(&) 5otwithstandin# anythin# contained in this section$ the

+alidity of any !indu marria#e shall in no way be aFectedby the omission to ma0e the entry'

!OMME"T#The mere fact that marria#e has been re#istered would not

con+ert an in+alid marria#e into +alid one' In the case of anin+alid marria#e which has been re#istered a suit for declarationof marria#e as in+alid is maintainable'3*rishan Paul +'sho0*umar Paul 1%B !-RJKB

!$a%ter &&&

6e/titution of con7uga( rig$t/ and 7udicia(/e%aration.

9. 6e/titution of con7uga( rig$t/

1LMMMN ?hen either the husband or the wife has$ withoutreasonable excuse$ withdrawn from the society of the other$ thea##rie+ed party may apply$ by petition to the district court$ forrestitution of con/u#al ri#hts and the court$ on bein# satis9ed ofthe truth of the statements made in such petition and that there

is no le#al #round why the application should not be #ranted$may decree restitution of con/u#al ri#hts accordin#ly'

L2xplanation: ?here a Auestion aries whether there hasbeen reasonable excuse for withdrawal from the society$ theburden of pro+in# reasonable excuse shall be on the person whohas withdrawn from the society'N6LMMMN

!OMME"T#s durin# the lifetime of 9rst spouse li+in#$ the second

marria#e is +oid$ the man marryin# when his 9rst wife is li+in#cannot claim restitution as a#ainst the second wife' sha *umari

+'Satish *umar 1%%O(1)!-RKIn case there is continuous demand of dowry on the part of

husband$ this would amount to #i+in# reasonable cause to thewife to withdraw herself from the society of the husband'35arinder *umar +'hander Prabha 1%%O(1)!-R&1B

1)e br"c/ets 0 fi#ure %1' oitted by Act 68 of 19762&serted by Act 68 of 1976, w.e.f. 27-5-1976(Sub-s.%2' oitted by Act 68 *f 1976, w.e.f. 27-5-1976.


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?here a suspicious husband writin# letters to the wiferaisin# baseless alle#ations and unwillin# to re#ret in spite of thefact that wife is not willin# reconcile$ it is not only the husbandwho is at fault in case the wife denies him his con/u#al ri#hts'3'.'.a0re +'.'S'.a0re IR 1%%1 .om 17&

-ea+in# home by the husband intendin# therebyterminatin# cohabitation permanently that conduct wouldamount to desertion on the part of husband' .ut$ where thehusband claims restitution of con/u#al ri#hts after a bi# #ap ofse+en years$ there is /usti9cation when the wife does notaccompany her'38' Rama0rishna Pillai +'/',i/aya *umari mmaIR 1%%O *er &&'

?here the husband ma0es the alle#ation of unchastity sothat she is returned to her matrimonial home$ and the alle#ationis not found to be baseless$ it was held that this has to beconsidered alon# with the persistent refusal of the wife to stay

with the husband' In the instant case$ the petition mo+ed by thewife for restitution of con/u#al ri#hts was not #ranted' 3 mmini ,*uttappan 1%%O(1) !-R J&J

In case there is no proper explanation as re#ards delay in9llin# the petition of restitution of con/u#al ri#hts$ applicationshould be re#arded as unnecessary and improper38'Rama0rishna Pillai +' ',i/aya *umari mma IR 1%%O *er &&'

1. udicia( /e%aration1L(1) 2ither party to a marria#e$ whether solemni


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Petty domestic Auarrels$ cause bein# the presence ofmother in law in the family$ cannot be treated as mental cruelty'3Yashoda Cai'+'*'.'*ala+0ar IR1%% *ar 67B'

In spite of the fact that both the husband and wife areli+in# under the same roof$ there may be a case of desertion

when there is positi+e e+idence exhibitin# ne#lect$ indiFerenceor o+ert acts of estran#ement on the part of one'3T'0' hatter/ee+'*amala hatter/ee IR1%B% al' KJ'

!$a%ter &:

"u((it* of )arriage and diorce11. :oid )arriage

ny marria#e solemni


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consent of such #uardian was obtained by force 6Lorby fraud as to the nature of the ceremony or as toany material fact or circumstance concernin# therespondentN 4or

(d) that the respondent was at the time of the marria#e

pre#nant by some person other than the petitioner'() 5otwithstandin# anythin# contained in sub section(1)$ nopetition annullin# a marria#e3(a) on the #round speci9ed in clause (c) of sub

section(1)$ shall be entertained if 3(i) the petition is presented more than one year

after the force had ceased to operate or$ as thecase may be$ the fraud had been disco+ered4or

(ii) the petitioner has$ with his or her full consent$li+ed with the other party to the marria#e as

husband or wife after the force had ceased tooperate or$ as the case may be the fraud hadbeen disco+ered'

(b) on the #round special in clause (d) of sub3section (1)shall be entertained unless the court is satis9ed3(i) that the petitioner was at the time of

marria#e i#norant of the facts alle#ed'4(ii) (ii) that proceedin#s ha+e been instituted

in the case of a marria#e solemni


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?here mental disorder of the wife was the #round forobtainin# di+orce$ there cannot be a challen#e to the #rant ofalimony on the #round that mental disorder was in existenceprior to the marria#e and therefore the marria#e was +oidableunder s' 1(1)(b) 3"u0esh "athur ,',eena "athur IR 1%B% Ra/

%K' ?here the annulment is sou#ht on the #round of fraud$details which the professional match ma0ers supply bear norele+ancy as the parties are at liberty to +erify the facts'3Ceepayan hatter/ee ,'Papiya hatter/ee 1%%O (1)!-R 116

1. iorce(1) ny marria#e solemni meansa persistent disorder of disability of

mind (whether or not includin# sub3 normalityof intelli#ence) which results in abnormallya##ressi+e or seriously irresponsible conducton the part of the other party$ and whether or

1 Substituted by Act 68 *f 1976, for t)e forer cl"use

1 Substituted by Act 68 of 1976 for t)e forer cl"use.


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not it reAuires or is susceptible to medicaltreatment or'4

(i+) has LMMMN been suFerin# from a +irulent andincurable form of leprosy'

(+) has LMMMN been suFerin# from +enereal disease in a

communicable form4 or'(+i) has renounced the world by enterin# any reli#iousorder4 or

(+ii) (+ii) has not been heard of as bein# ali+e for aperiod of se+en years or more by those persons whowould naturally ha+e heard of it$ had that party beenali+e$ 6LMMMN

1[Explanation : In this sub section$ the expression

=desertion> means the desertion of the petitioner by the otherparty to the marria#e without reasonable cause and without the

consent or a#ainst the wish of such party and includes the wilfulne#lect of the petitioner by the other party to the marria#e$ andits #rammatical +ariations and co#nate expressions shall beconstructed accordin#ly'N

L(1) 2ither party to a marria#e whether solemni


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commencement was ali+e at the time of thesolemni'35arayanan ,' Sri Ce+i IR 1%%O *er 1&1'

?here the wife threats to commit suicide$ it would amountto mental cruelty caused to the husband' Ran#a Rao ,',i/aylaxmi1%%O (1) !-R 7O1'

+ Substituted by Act 68 of 1976 for word besti"lity, w.e.f. 27-5-19765&serted by Act 68 of 1976, w.e.f. 27-5-1976.


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?here the wife refuses to ha+e sexual intercourse andthere in no reason for such refusal$ that would amount to crueltysub/ected to husband'3 Radhey Shyam +'*usum 1%%O () !-R6O

Petty Auarrels between husband and wife cannot be so

serious as amountin# to cruelty and entitlin# husband to mo+efor di+orce'3 Tapan ha0ra+arty +' n/ali ha0ra+arty IR 1%%6al'1O

?here the husband stayin# with a lady not his relati+e andthe wife for this reason unwillin# to stay with the husband andwillin# only when the lady is ousted from the home wife will notbe #uilty of cruelty as #i+en same to the husband to ta0e di+orceon the #round of desertion or cruelty'3"'"'' "anna +'hitra"anna IR 1%%6 al 66'

?here there is an absolute denial of the obli#ation ofmarria#e that would amount to desertion'3Su0umar "u0her/ee

,'Tripati "u0her/ee IR 1%% Pat'6It is the petitioner who has to establish desertion for

years and that there was no cause for desertion' ?here theconduct of the one is such as forcin# other to stay away$ thatwould not amount to desertion as a #round of di+orce'32los0hiha0raborty ,'S'*' ha0raborty IR 1%%1 al 1K7

There may be instances indicatin# short tempered natureand somewhat erratic beha+iour$ but this alle#ed mental disordercannot be such a 0ind as ma0in# for husband li+in# with the wifeimpossible'35'"'a#esha IR 1%%1 .om &%

1[1A. A(ternate re(ief in diorce %roceeding/

In any proceedin# under this ct$ on a petition fordissolution of marria#e by a decree of di+orce$ except insofar asthe petition is founded on the #rounds mentioned in clauses(ii)$(+i)and(+ii) of sub section (1) of section 16$ the court may$ if itconsiders it /ust to do ha+in# re#ard to the circumstances of thecase$ pass instead a decree for /udicial separation'

1B. iorce ;* )utua( con/ent(1) Sub/ect to the pro+ision of this ct a petition for dissolution

of marria#e by a decree of di+orce may be presented tothe district court by both the parties to a marria#eto#ether$whether such marria#e was solemni


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referred to in sub section (1) and not later than ei#hteenmonths after the said date$ if the petition is not withdrawnin the meantime$ the court shall$ on bein# satis9ed$ afterhearin# the parties and after ma0in# such inAuiry as itthin0s 9t$ that a marria#e has been solemniit$in one *ear of)arriage

(1) 5otwithstandin# anythin# contained in this ct$ it shall notbe competent for any court to entertain any petition fordissolution of a marria#e by a decree of di+orce$ 1Lunless atthe date of the presentation of the petition one year haselapsedN since the date of the marria#e:PR,IC2C that the court may$ upon application made to it

in accordance with such rules as may be made by the !i#h ourt

in that behalf$ allow a petition to be presented1

Lbefore one yearhas elapsedN since the date of marria#e on the #round that thecase is one of exceptional hardship to the petitioner or ofexceptional depra+ity on the part of respondent$ but if it appearsto the court at the hearin# of the petition that the petitionobtained lea+e to present the petition by any mis3 representationor concealment of the nature of the case$ the court may$ if itpronounces a decree$ do so sub/ect to the condition that thedecree shall not ha+e eFect until after the 1L expiry of one yearNfrom the date of the marria#e or may dismiss the petitionwithout pre/udice to any petition which may be brou#ht after

1Lexpiration of the said one yearN upon the same or substantiallythe same facts as those alle#ed in support of the petition sodismissed'

1&serted by Act 68 of 1976, w.e.f. 27-5-19761Substituted by Act 68 of 1976, for cert"i& words, w.e.f. 27-5-1976.1&serted by Act 68 of 1976, w.e.f. 27-5-197614roiso oitted by Act 68 of 1976.


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() In disposin# of any application under this section for lea+eto present a petition for di+orce before the 1L expiration ofone yearN from the date of the marria#e$ the court shallha+e re#ard to the interests of any children of the marria#eand to the Auestion whether there is a reasonable

probability of a reconciliation between the parties beforethe expiration of the 1Lsaid one yearN'!OMME"T#

In case there is the lea+e #ranted to institute di+orceproceedin#s within one year of marria#e$ and there was noraisin# of ob/ection by either of the parties and the trailcontinued the parties are not at liberty to raise ob/ection$ statin#as #rantin# of lea+e improper'3Ceepayan hatter/ee ,' Pipiyahatter/ee 1%%O(1)!-R J16

15. iorced %er/on/ >$en )a* )arr* again?hen a marria#e has been dissol+ed by a decree of

di+orce and either there is no ri#ht of appeal a#ainst the decreeor$ if there is such a ri#ht of appeal$ the time for appealin# hasexpired without an appeal ha+in# been presented$ or an appealhas been presented but has been dismissed$ it shall be lawful foreither party to the marria#e to marry a#ain'1LMMMN

14roiso oitted by Act 68 of 1976.14roiso oitted by Act 68 of 1976.14roiso oitted by Act 68 of 1976.

hindu marriage act with comments

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