Hinder Marriage Act 1955

already a law enists

Hindu Marriage Act 1955 act to annelid codify law relatingto marriage

among Hindus

Section 2 Application
of act
is Hindu its form developments
any person who by religion any of
Vinarhaiva Brahmo Pronouneror
Lingayat
AryaSamaj
is Buddhist Jain Sikh
any person who by religion
is not a Muskin Uninian Panic or Jew
anyperson who by religion
unless it is proved that is not governed
any such person by Hindu
law anton usage
Who are Hindus
both are Hindu
any child legitimate illegitimate of whoseparents
Buddhist Jain Sikh
by religion
any dried legitimate illegitimate one
ofwhose parents is any of
the above 9 who is broughtup as member
of the tribe community
group or family to which such parent belongs belonged
is a convert
any person who any of the above
re convert to

does not apply to members clause 25 article 366of contitution

of SC of

Section 3 definitions
custom A usage
signify any rule which having been continuously
incontitution uniformly observed for a long time has obtained
ifdispute
b w legislatedlaw curton
forceof law among Hindus in local area tribe
any
the formerprevails However
HMA is speciallegislation community group or family
which gives anions precedence over
some of its own provisions
provided it is certain not unreasonable
not opposed to publicpolicy
 2 persons are said to be related to each other by
full blood α way free
bloodrelationships blood when they are descended
from common ancestor
onlymaharer by same wife α by hay blood when they are descended

ancier
from common but
by different wives
trample A B are born to Mn α Mr Sharma They are
full siblings
because share both parents but c is row Sharma
they if ofMr
then A C are
from previous marriage nay bloodsiblings
uterine blood descended
from common ancestress but bydifferenthusbands
Sapinda intends upto 3ʳᵈ generation inclusive throughmother's line
relationship entendsupto 5ᵗʰgeneration inclusive throughfather's line
countingstarts fromperson concerned whois corridered the 2 generatio

greatgreatgrandfather 5ᵗʰgun

Igen grandmother great grandfather 4ᵗʰgen

2ⁿᵈgun mother grandfather 3ʳᵈ gen

1 gun 2ⁿᵈ gen

joiner

It gen

2persons are one is a lineal ascendant

of the other within specified
wridend Sapindas limits
of sapinda relationship
share common linal ascendant and this common ascendant

falls within defined limits of sapindarelationship with

to each them
reference
of
 degrees
of prohibitedrelationships
one is a lineal ascendant
of the other parentgrandparent or great
grandparent of the other
one was the wife husband linal ascendant descendant other
of a of the
simply if one was married to parent grandparent or great grandparent
of the other
one was wife of brother father mother's brotherLorama grandfather

grandmother's brother distant dada

brother a river uncle neice aunt a nephew or children
if two are

brother sister two brothers two sisters

of

Summary of prohibited relationships

1 May Vinine blood relationship
full
2 Illegitimate legitimate blood relationship
3 Adoption blood relationship

Section 5 Conditions Hindu Marriage

for a prohibitsbigamy polygamy
neitherparty has a spouse
living at time ofmarriage
mental capacity
i Unsoundness
of mind incapableofgiving valid consent
i Mentaldisorder
ofgiving valid consent but supering pan unental
capable
disorder such a kind to such an intent to be
of unfit
for marring procreationofchirdren
Iii Recurrentattacks ofinsanity
severityscale

munition mighty antihaly

 male 21years female 18years age
of
parties are not within degrees
of prohibitedrelationship unlers union usage
governing each of them punits marriage

parties are not sapindasofeach other unlers custom usagegoverning them

permits of marriage

Section7 Ceremonies Hindu Marriage

for a
curtomary rites a Hindumarriage can be done following traditional
bride
curious
ofeither the groom
Saptapadi seven steps bride and groom take seven stepstogether around
a sacred
fine The marriage becomescomplete and
binding when they take the 7ᵗʰ sep

Section 8 Registration
of Hindu marriages
Hindu marriage register state make rules
govt can for recording details of
Hindu marriages in a register
parties to marriage can voluntarilyenter irrein details
in the register under certain conditions

Compulsory registration Stategovt can make registration cumponary in

certain cases or areas with to 25
fineup
all rules wont be presented to the statelegislatureforapproval
notregistering does not affect the validity marriage
validity ofmarriage of

Section9 Restitution
ofconjugalrights
If husband wife has withdrawnfrom society ofother left w o reasonable

encuse the aggrieved party

mayapply by petition to district court for
nutrition
of conjugal rights
 Court will the person is telling the truth a there is
grant the request
if
no legal reason to
refuse
there is debate about whether there was
If good reason to have the
burden lies on the person who
of proof rye
Section 10 Judicial Separation can begranted to marriages done before agty
either muband
initiatingjudicial separation wife can file a petition for
judicial separation seeking a legal decree
grounds forpetition are specified in sec13

covering rumors similar for divorce

decree
for judicialseparation the decree couple is legally
if courtgrants
separated

after the decree livingtogether is not required

but court can reconsider a cancel decree both
if
partiesagree a it seems join

Section II void marriages

only marriagesafter 1955
any marriage that are bigamous within prohibited degrees ofrelationship
Sapinda relationship are considered will a void

as it never arrived
if
eitherparty can
filepetition againstotherparty
declared well decree
by of nullity
Section 12 Voidable marriages both marriages before after 1955
shall be voidable be
may bydecreeofmellity on followinggrounds
annulled

1 Non consummation marriage can be annulled if it has not been

consummated due to impotence to
ofrespondent inability
have serial relations
 2 Contravention
ofcondition can be annulled
if it
ifpersongiving
consent was
of unsound mind sufferingthrough mental
disorder had recurrent attacks See5 Iii
of insanity
3 Invalid consent
if petitionersconsent was obtained byforce fraud
regarding nature
ofceremony any materialyour
circumstances concerning the respondent
4 Pregnancy
by another person
conditions
for entertaining petitions
1 Petitions based on invalid consent clause 3 won't be accepted than
1 you afterforcestopped1 grand was discovered
2 Petitions based on pregnancybyanother person clause 4 won't be
accepted unlers within 1year no marital
fired of discoveringfacts
intercourse with cosent of petitioner has not taken place petitioner
was ignorant offacts alleged

Section13 Divorce before after 1955

petition presented by either wife husband be dissolved by decree

ofdivorce
on im following grounds
any of
1 Adultery voluntary serial intercourse with any personother than spouse
2 Cruelty subjectivenature can be physical mental temotional
aug
3 Desertion discord both mental physical for a curtinous period
of
at heart 2yous
desertion who nearonablecause w o consent against wishes ofparty
includes
wilful neglectof petitioner
4 converted to another
religionfrom Hindu
Conversion

3 Mental disorder unsound mind supering continuously intermittently

from mental disorder of such kind to such an entere

That petitioner cannot be emperied to live with
 ey
rupondent
Mental disorder means mental illness anated or incompletedevelopment

of mind 1 psychopathicdisorder anydisorder disability

of mind includingschizophrenia
Psychopathic disorder perrinint disorder disabilityof mind resulting in
abnormally aggressive seriouslyinerpanishconduct
whether or not it requires is susceptible to undical
treatment
6 Suffering from venereal disease in communicableform STDs
7 Renunciation
ofworld by enteringany religiousorder
8 Mining has not been heard 7
of as being alive for years more
or

by those persons who wouldnaturally have known if

party had been alive
9 No resumption of cohabitationfor 1you or more after decree
forjudicial
separation
10 No restitution
of conjugalrightsfor lyon forrestitution
or more decree
after
of conjugal rights
grounds ofdivorce onlyforwie
1 Husband marrying again having another wife alive at time ofpetitioners

marriage
2 Husbandguilty or
ofrape sodomy butiality
3 maintanence awarded to wipe no cohabitationfor 1year or more
4 marriage solemnized before wife turned 15 0 she repudiates it before

turning 18
Sources
ofHindulaw
1 Theamentsources of Hindu law incended Sunnis Smitis Vedangas digests commentries

αcurious

ofHindulaw include equity justice good comicence

Modernsources precedents α legislations

Shruti are devine untmenerses to befound in 6 vedangas Yuedas 18upanishads

Smritisources are said be handeddown by the Rishis fromgeneration togeneration Eg Manusmriti

Puranas

observations under
judicial
In applyingMinderlaw thejudge should not introduce his own concepts modern times
of
but shouldenforce the law as derivedfrom nuognised authoritative sources

on anions usages

may bedefined as a
a anion habitual course
of conductgenerallyobserved in a communit

It is thus a nd which as a result

of a regexusage hasobtained the forceof law
in a particular community or men family

as per sec3
of HMA definitionofcurious usage

provided that the wee is certain not unreasonable opposed to publicpolicy

an imparpentof Hindulaw is that a person will begoverned by union if he

is able to establish that the union is applicable to win it is in derogation
even
if of
Hindulaw

Although the codified Hindulaw overrides all rules and unions practiced
byHindus yet
in certain areas this legislatedlaw itsey saves anion as theprevailinglaw unpersely
stated in this act

he
Hindu law has 2 main schools
ofHindulaw
Schools
Dayabhaga

m d fÉf
Mitakshana is a commentary on the code
of Yajnavanya smriti
α in Dayabhaga is a digertofare the codes
 Dayabhag prevails in Bigal αMaintart states syringingschoolofHindu

Mitakshara is theorinodon school prevails in net of India

wherea Hindufamilymigrates
from Haryana whereMitalstoneprevails thepresumption
is that the family continues to be governed by Mitakshanaunless it is shown
that they have asadond the mitatisionschool in Javan
of Dayabhayschool
whoare Hindus

1 There is no precise definition term Hindus availasereither in statute or in

y any any
judicial pronouncement
2 Simprity twinte Seca

Ty after the birth of a child one both of parents convert to another religion the child

to be a hindu unlers in the exerciseoftheir parental

will
right theparent
continue

convert the child as were

See4 section 4
of this are provides it with an overriding yet as it seeksto repeal are

mintinglaneswhich areinconsistentwith the art whether surerlanesare in an form

of
ancienttents eaves curious legislations Hoverer
for certainprovisionsanionary
provisionshavebeenunpersey saved

The art is not retrospective.inoperation

Marriage Introduction

1 Hindus marriage is conidered as a sacrament sanskaar which has the implication that it is

eternal that is valid not merely in this

permanent indissolvable life butalo
lives tocome
2 A Hindumarriage unlike a Munin marriage whichonly requires open a acceptance

3 UndermodernHindulaw MMA 1955 has a a savannert

ofbeen a contract as wellas
semblance

See5 a marriage may besolemnind bw any 2

validityofHindumarriage ofHMAprovides that
Hindus
if thefollowing conditions arejugined
1 Should not be bigamousmarriage
2 3elementsrelated to mental capacity
 i one partiesisingunsoundmind
of
did me send mm mm we
mar 9 I 8 mm
voidable
which renders them procreation children
unfitfor marriage of
Iii recurrentattacks
ofinsanity although thisdoesnotrender one
invalid
3 21yearsformales 18years females marriage as
Majority
of partners
for
4 Prohibiteddegrees raidauricio
ofrelationship

Childmarriage a child marriage is a perfectly validmarriageunderHindulaw arterough it is

punishable

ofFactum valet
Doctrine a jart cannot be invalidated 100 statements
by a
driedmarriages in India present an unfortunate paradox where theguardians

of such minors or any persons involved in that wedding can be

other

criminally prosecuted for participatingiconducting such a child marriage

But such dried marriage insey is considered a
perfectly valid marriage