Hindu Marriage Act 1955

The Hindu Marriage Act 1955, Act No. 25 of 1955, codified the personal law on marriages between Hindus, Buddhists, Jains, or Sikhs.
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How do you get married and divorced under Hindu personal law?

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Who can get married under the law?

Any two Hindus (defined under the Act to include Buddhists, Jainas, Sikhs, and all other persons who are not Muslim, Christian, Parsi or Jew), provided: (section 5)

1. neither has another living spouse
2. they are not suffering from unsoundness of mind or insanity
3. the bride is above 18 years old and the bridegroom is above 21 years old
4. they are not related

If the persons do not satisfy these criteria, even if they undergo all the ceremonies and formalities of a marriage, the marriage will be void. (section 11)

If either has a living spouse at the time of the marriage, apart from the marriage being void, the provisions of sections 494 and 495 of the Indian Penal Code 1860 will also apply. (section 17)

How do you get married?

The marriage may be solemnised in accordance with the customary rites and ceremonies of either of the persons being married, and if this includes saptapadi (the taking of seven steps by the persons before the sacred fire), the marriage is complete and binding as soon as they take the seventh step.

While they may register the marriage in the Hindu Marriage Register for the purposes of proof, the marriage is valid even if they do not register. (sections 7, 8)

How do you end the marriage?

1. Voidable Marriages
2. Divorce by Mutual Consent
3. Divorce

1. Voidable Marriages - a marriage is voidable on a petition by one of the parties to the marriage if (section 12)

• the marriage has not been consummated due to the impotence of the other person
• their consent was obtained by force or fraud
• the other person was pregnant by another person, provided that after finding out about this, they have not had sexual intercourse

2. Divorce by Mutual Consent - the parties may present a petition for divorce if they have not been able to live together for one year or more and mutually agree that the marriage should be dissolved (section 13B)

3. Divorce - a judge may pass a decree for divorce or judicial separation (temporary and reversible)  on application by one of the parties in a marriage for the following reasons related to the other party (sections 10, 13, 13A)

• cruelty
• desertion for more than 2 years, or unheard of (or thought of as dead) for 7 years
• conversion to another religion, or renouncement of the world
• unsoundness of mind, leprosy, or venereal disease
• voluntary sexual intercourse with another person

Additional grounds available to the wife are

• if the husband was married to or marries another woman
• if the husband is found guilty of rape, sodomy, or bestiality
• if the marriage was solemnised before the age of 15 and she repudiates (chooses to cancel) the marriage before the age of 18

Other Rights

1. Restitution of Conjugal Rights (during marriage) - if either party refuses to cohabit with the other without reasonable excuse, the aggrieved party may move the court to compel the other party to resume cohabitation (section 9)

2. Maintenance, Alimony, and Expenses of Proceedings (during and after marriage) - either during any proceedings under the Act or after separation, if either the husband or the wife does not have sufficient income to support themselves, the court may require the other party to pay them an amount that the court considers reasonable, taking their income into consideration (sections 24, 25)

Click here for the full text of the Hindu Marriage Act 1955 (from indiacode.nic.in)