The Hindu Marriage Act, 1955 governs the marriage laws for Hindus in India. It provides a legal framework for the solemnization of marriages, maintenance, divorce, and other related matters. Here is an outline of the key sections of the Act:
Hindu Marriage Act, 1955
Chapter I – Preliminary
- Section 1 – Short title and extent
- This section provides the title of the Act, and it applies to Hindus, Buddhists, Jains, and Sikhs in India.
- Section 2 – Application of Act
- Defines who is covered under the Act. The Act applies to Hindus by religion, including those who are followers of any of the above-mentioned religions.
- Section 3 – Interpretation
- Defines terms like ‘Hindu’, ‘Hindu marriage’, and other related terms for clarity.
Chapter II – Marriage
- Section 4 – Conditions for a Hindu marriage
- Specifies conditions that must be met for a valid marriage, such as both parties must be Hindu, of legal age, and not be within prohibited degrees of relationship.
- Section 5 – Conditions for a Hindu marriage (specific requirements)
- Outlines additional conditions for a valid marriage, including the mental capability of the parties, and the prohibition of bigamy.
- Section 6 – Ceremonies of a Hindu marriage
- Describes the ceremonies for a Hindu marriage, such as saptapadi (seven steps) or other customs as per tradition.
Chapter III – Restitution of Conjugal Rights and Judicial Separation
- Section 9 – Restitution of conjugal rights
- If one spouse withdraws from the society of the other without reasonable cause, the other spouse can apply for restitution of conjugal rights.
- Section 10 – Judicial separation
- Provides grounds for judicial separation, which is similar to divorce but does not dissolve the marriage.
Chapter IV – Nullity of Marriage and Divorce
- Section 11 – Void marriages
- Specifies marriages that are void, such as those where one party is already married to another, or the parties are within prohibited degrees of relationship.
- Section 12 – Voidable marriages
- Describes marriages that can be annulled under specific circumstances, such as impotence, fraud, force, or consent obtained under duress.
- Section 13 – Divorce
- Specifies the grounds on which either party can file for divorce, including adultery, cruelty, desertion, and other reasons.
- Section 13B – Divorce by mutual consent
- Allows for divorce by mutual consent after living separately for a year.
- Section 14 – No divorce within one year of marriage
- Prohibits the filing for divorce within one year of marriage except under certain exceptional conditions.
Chapter V – Maintenance
- Section 18 – Maintenance of wife
- Specifies the right of a wife to be maintained by the husband, even after separation or judicial separation.
- Section 19 – Maintenance of children
- Covers the maintenance of children from the marriage.
- Section 20 – Maintenance of dependents
- Ensures that the husband provides for the maintenance of his parents and other dependents.
Chapter VI – Restitution of Conjugal Rights
- Section 21 – Enforcement of restitution of conjugal rights
- Describes the enforcement of orders for restitution of conjugal rights by the court.
Chapter VII – Miscellaneous Provisions
- Section 23 – Power of court to grant relief
- Grants the court power to pass decrees and orders related to the marriage, maintenance, or divorce matters.
- Section 24 – Maintenance pendente lite and expenses of proceedings
- Provides for the wife to receive maintenance during the pendency of proceedings.
- Section 25 – Permanent alimony and maintenance
- Discusses the awarding of permanent alimony and maintenance to the spouse after divorce.
- Section 26 – Custody of children
- Deals with the custody of minor children, either through mutual agreement or court order.
- Section 27 – Disposal of property
- Provides the court with the power to order the disposal of property in the event of divorce.
- Section 28 – Appeals
- Allows appeals to be made against any decision or order passed by the court under the Act.
- Section 29 – Saving of certain acts
- Allows the saving of certain personal laws that existed before the Act.
- Section 30 – Succession to property
- Ensures the application of the law of inheritance to persons whose marriage has been declared void.
Conclusion:
The Hindu Marriage Act, 1955 is a comprehensive law that deals with marriage, divorce, maintenance, and other matrimonial matters for Hindus. It covers a wide range of issues, ensuring that both spouses’ rights are protected in a marriage.