Marriage Laws Relating to Hindus
The Hindu Marriage Act, 1955 relates to marriages among Hindus. It applies to Hindus, Buddhists, Jains, or Sikhs by religion and that it will not be applicable to Muslims, Christians, Parasi or Jew by religion. Hindus are governed by Hindu Marriage Act, 1955. The Act provides for registration of Hindu Marriages.
No marriage can be registered unless the following conditions are fulfilled
- A ceremony of marriage has been performed between the parties and they have been living together as husband and wife.
- Neither party has at the time of registration more than one spouse living.
- Neither party is an idiot or lunatic at the time of registration.
- The parties have completed the age of twenty one years at the time of registration.
- The parties are not within the degrees of prohibited relationship.
- The parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration.
The registration of Hindu Marriages is necessary for the purpose of facilitating the proof of Hindu Marriage apart from making available legal remedies such as restitution of conjugal rights and judicial separation to either party on the grounds specified under sections 9 and 10 respectively. Nullity and divorce are the other remedies that could be availed of by either the wife or husband on the grounds contained under sections 11, 12 and 13 of the Act. The above remedies with the exception of divorce will be available for married persons, whose marriage has been solemnized after the commencement of the Act. On the other hand, the divorce proceedings could be taken in respect of any marriage solemnized whether before or after the commencement of the Act on a petition presented by either the husband or the wife on the ground prescribed under section 13. The Act also provides for divorce by mutual consent.
SOLEMINIZATION OF HINDU MARRIAGE
Conditions relating to solemnization of Hindu marriages:
A marriage between any two persons (male and female) may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely: -
- Neither party has a spouse living.
- Neither party –
- is capable of giving the valid consent to it in consequence of unsoundness of mind; or
- though capable of giving a valid consent, has been suffering form mental disorder of such a kind or to such an extend as to be unfit for marriage and the procreation of children: or
- has been subject to recurrent attacks of in sanity;
- the male has completed age of twenty one years and female the age of eighteen years;
- the parties are not within the degrees of prohibited relationship:
Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship; and
- Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizen of India domiciled in the territories to which this Act extends.
SECTIONS AND GROUNDS FOR MATRIMONIAL RELIEFS UNDER HINDU MARRIAGE ACT, 1955
NATURE OF REMEDIES
Nature of Remedy |
Relevant Provisions under the Hindu Marriage Act, 1954 |
| 1. Restitution of Conjugal rights |
Section 9
Withdrawal from the Society of other spouse without reasonable excuse. |
| 2. Judicial Separation |
Section 10
On all the grounds of divorce U/s 13 (1) and 13 (2) of the Act. (Sec. the grounds under the divorce column bellow). |
| 3. Nullity & Annulment |
Section 11 and 12
- Has a spouse living at the time of marriage.
- Parties are within the prohibited relationship.
- Parties during sapindas of each other.
- Impotency at the time of marriage.
- Unsoundness of mind and material disorder at the time of marriage.
- Insanity.
- Consent was obtained by force.
- Pregnant at the time of the marriage by some other person other than husband.
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| 4. Divorce by Mutual consent |
Section 13-B
Parties living separately for one year and upwards and they have not been able to the together and they mutually agreed to dissolve the marriage. |
| 5. Divorce |
Section 13
- Adultery (S 13(1) (i).
- Cruelty (S 13(1) (i-a).
- Desertion for a period of 2 years without reasonable cause (S 13(1)(1-b).
- Conversion to another religion from Hindu religion (S 13(1) (ii).
- Unsound mind and mental disorder (S 13(1) (iii).
- Incurable from of leprosy (S 13(1) (iv).
- Venereal disease (S 13(1) (v).
- Renouncing the world by entering into any religious order (S 13(1) (vi).
- Not heard of being living for 7 years (S 13(1) (vii).
- Non-cohabitation for one year after the decree of judicial separation (S 13(1) (i-A) (i)
PETITION BY WIFE ALONE
- Non restitution of conjugal rights for one year or more after the decree of restitution of conjugal rights (S 13(1) (i-A) (ii).
- Husband guilty of rape sodomy or bestiality (s 13 (2) (ii)
- Maintenance receiving wife when cohabitation not resumed for one year or upwards (S 13(2) (iii).
- Repudiation marriage on the ground of marriage before the age of 15 years but before 18 years (S 13(2) (iv)
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ALIMONY
Alimony pendente lite:
In any suit under this Act, whether it is instituted by the husband or wife, and whether or not she has obtained an order of protection with wife may present a petition for alimony pending the suit and the court may after service of notice on the other party, make such order on the husband for payment to the wife alimony pending suit as it may deem just.
Provided that alimony pending the suit shall in no case exceed one-fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be.
CUSTODY OF CHILDREN
Power to make orders as to custody of children in suit for separation, dissolution or nullity of marriage:
In any suit for obtaining a judicial separation dissolution or nullity of marriage, the court may from time to time, either before making its decree, or after decree, make such orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the said court.
RE-MARRIAGE
Liberty to parties to marry again :
When six months after the date of an order a High Court confirming the decree for a dissolution of marriage made by a District Judge have expired, or when six months after the date of any decree of a High Court dissolving a marriage have expired, and no appeal has been presented against such decree to the High Court in its appellate jurisdiction, or when any such appeal has been dismissed or when in the result of any such appeal any marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to marry again, as if the prior marriage had been dissolved by death : Provided that no appeal to Supreme Court has been presented against any such order or decree. When such appeal has been dismissed, or when in the result thereof the marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again, as if the prior marriage had been dissolved by death.
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