MARRIAGE &

KINSHIP
[UNIT- 2]

-Ms. Namratha
Assistant Professor
BMSCL.
 Evolution of institution of Marriage & Kinship
 Introduction:
 Marriage , whether considered as a sacrament or a contract,
gives rise to a status.
 It confers a status of husband & wife on parties to the marriage,
and a status of legitimacy on the children of the marriage.
 In most of the law, for a valid marriage, two conditions are
necessary:
a. Parties must have capacity to marry, and
b. they must undergo the necessary ceremonies & rites of
marriage.
 In some ancient communities, both the requirements were
nominal. Any two persons, a man & a woman, could live together
as husband & wife if they intended to do so.
 Even today, in some systems of law, the
requirement of capacity & formalities are not very
stringent, though most systems require that some
conditions must be satisfied.
 Some modern systems still lay down very stringent
conditions of capacity & prescribe very elaborate
ceremonies & rites of marriage.
 Some insist on the performance of private
ceremonies is enough.
 In our contemporary world, contract and the
requirements of capacity are laid down by law.
 Hence, most systems even today insist on
performance of some ceremonies of marriage.
 Law prior to Hindu Marriage Act:
 Under Ancient Hindu Law, the object of marriage was
sublime.
 Marriage was meant for doing good deeds & for attainment
of Moksha.
 One of the Characteristic features of a Hindu marriage has
been that it was more connected with the performance of
religious duties & begetting of a son, who enables a man to
get deliverance from the sufferings of Hell.
 Marriage was not a contract but an indissoluble tie.
 Under Ancient Hindu law, there were eight forms of
marriages- Four approved & Four unapproved.
 Kinds of marriages under Ancient Hindu law:
A. Approved forms:
1. Brahma
2. Daiva
3. Arsha
4. Prajapatya
B. Unapproved forms:
1. Asura
2. Gandharva
3. Rakshasa
4. Paishacha
A. Approved forms:
1. The Brahma form:
 In this form of marriage, the girl clothed with a single
robe, is gifted to a man who learned in the Vedas,
whom her father voluntarily invites.
 The chief feature of this form was that the parents do
not receive any consideration for giving the girl in
marriage.
 That is, their choice of bridegroom not being
determined by a desire to trade on their daughter.
2. Daiva:
 In the ‘Daiva’ marriage the girl is offered to a person
who acted as a priest in a sacrifice performed by the
father, in lieu of Dakshina or fee due to the priest.
 It was inferior to the Brahma because the father
derives a benefit, which was not deemed
reprehensible.
3. Arsha:
 In this form of marriage, bridegroom after getting a
girl in marriage presents a cow & a bull or two cows
& two bulls to the bride’s father which was accepted
for religious purpose only.
4. Prajapatya:
 This form does not materially differ from the Brahma.
 But in this the gift was made with condition that “you
two be partners for performing secular & religious
duties”.
B. Unapproved Forms:
1. Asura form:
 In this form of marriage, the bridegroom gets the
bride in exchange for as much as wealth as he could
afford, to the bride’s father & paternal Kinsman.
 Here the striking feature was the receipt of
pecuniary benefit by the bride’s parents amounted
to a virtual sale of a bride.
2. Gandharva:
 It is the union of man & a woman by mutual
consent.
 In this form of marriage, the ceremonies can be
performed after a sexual relationship between the
bride & the bridegroom.
3. Rakshasa:
 This consisted in the seizure of a girl by force from
her house, while she weeped & called for assistance,
after her kinsman & friends had been slain &
wounded, after breaking their houses open.
4. Paishacha:
 Marriage of a girl by a man who had committed the
crime of ravishing her either when asleep or when
made drunk by administering intoxicating drug or
when in the state of mental disorder.

 Therefore, it appears that ‘Gandharva’ and the

‘Paishacha’ marriages were preceded & caused by
sexual intercourse. In ‘Gandharva’ with the consent of
the girl & in Paishacha’ by fraud.
 Concept of marriage under the Old Hindu Law-
 Hindu Marriage- Whether a sacrament or contract?
 According to Hindu texts, a man cannot be said to have a
material existence until he took a wife.
 According to Shastras a man is the only half of his self.
 Therefore, he is not fully born until he takes a wife & after
marriage alone he becomes complete.
 Marriage which involves the transfer of dominion over the
damsel from the father to the husband & which has always
been the foundation of peace & order in any civilised society
was, amongst Hindus, a settled institution with a religious
character attached thereto even during the vedic period.
 Hence, marriage is defined as the acceptance by the bride-
groom of a girl as his wife, the girl being given away by her
guardian.
 Bride on seventh step of Saptapadi, loses her original
Gotra & acquires the Gotra of the bridegroom, and a
kinship is created what is not a mere friendship for
pleasure.
 Thus, a Hindu marriage performed through any of the
modes, namely, Brahma, Prajapatya, Arsha & Daiva is
regarded as indissoluble.
 Wife assisted him in the performance of religious duties,
regular sacrifices & helped him to get Heaven.
 Therefore, a legitimate wife is called Dharmapatni- a
wife married for the fulfillment of sacred law.
 The purpose of marriage were to perform religious rites
& sacrifices and to procreate children who would extend
spiritual benefits to their deceased ancestors by offering
funeral obligations & by perpetuating the name &
lineage of their forefathers.
 By giving birth to a male child through a legally
wedded wife, every Hindu is discharged of the debt to
his father which is technically known as ‘Pitririn’.
 Marriage was a religious necessity, rather than mere
physical luxury for a Hindu, to marry & to have a son,
who alone can save him from a place of torment, the
‘Naraka’ or the hell, after his death.
 In the Vedic period, the sacredness of marriage was
repeatedly emphasized-
 The wife on her marriage was at once given an
honoured position in the house. She exercised
authority over her husband’s brothers & his unmarried
sisters. She was associated in all the religious offerings
& rituals with her husband. Hence Old writers put it
that a woman is half her husband & completes him.
 Manu asked men to honour & respect women by
saying:
“Women must be honoured & adorned by their
fathers, brothers, husbands & brother- in- law who
desire their own welfare. Where women are
honoured, there the Gods are pleased: but where
they are not honoured, no sacred rite yields
rewards”.
 Disputes between the husband & wife were not
allowed to be litigated either in the customary tribunals
or in the King’s Courts.
 It should be noted that, in one sense, real party to the
marriage which is a transaction between the
bridegroom & her guardian in which she is the subject
of the gift.
 Girl was absolutely in her parents & guardians by
whom the contract of her marriage is made, and her
 But it should not be supposed that Hindu bride is a
mere chattel to be given away by the father or taken as
such by the bridegroom.
 The giving of a girl as a gift to a suitable person is a
sacred duty put on the father, after performing of which
the father gets great spiritual benefit.
 ‘Panigrahana’ enables the male & female to unite in
religious ceremonies & to attain the spiritual merits.
 Therefore, under Old Hindu Law, marriage was
regarded as a sacrament. Therefore at the time of
marriage, performance of religious ceremonies were
necessary, marriage was an indissoluble union & it was
an eternal union.
 Condition for a Hindu Marriage under Old Hindu Law:
 3 conditions:
1. Identity of caste between the parties
2. Parties to be beyond the prohibited degrees
3. Proper performance of ceremonies of marriage
1. Identity of caste:
 If the parties did not belong to the same caste, the
marriage was invalid, unless it was sanctioned by custom.
 Ancient Hindu texts prohibited ‘Pratiloma marriage’, i.e.,
between males of lower caste & female of higher caste.
 But Anuloma marriage, i.e., between males of higher
caste & females of lower caste were permitted &
recognized by the texts.
 But with the passage of time the rigours of caste system
dominated the whole scene & it was required that the
parties to marriage must belong to the same caste.
2. Parties to be beyond the prohibited degrees:
 One should not marry a wife belonging to the same gotra.
 A man cannot marry a girl of same gotra & they should not
be sapindas of each other.
 Hindu law prohibited marriage between persons related to
each other within certain degrees, probably for
physiological & social reasons so that a marriage is invalid
if it is made between persons related to each other within
the prohibited degrees, unless such marriage is sanctioned
by customs.
 Therefore, A man could not marry a girl of the same gotra
as the girl & boy were deemed to have descended from a
common ancestor in the male line. The rule does not apply
to Shudras as they have no gotra of their own.
3. Performance of marriage- The ceremonies:
 There were three stages in the rituals of all forms of Hindu marriage.
 The rituals were:
1. The bethrothal,
2. the formalities including the recital of holy texts before the sacred fire,
and
3. the saptapadi gamana.
 Of these, bethrothal, though in some cases celebrated with much
ceremony, is only a promise to marry & is revocable.
 Even the second stage of the ritual consisting of the invocation before
the sacred fire & Kannikkadhana does not form the operative part of the
transaction which is really the completion of the saptapadi or the taking
of seven steps by the bridal pair in the marriage ceremony.
 It is on the completion of the last step that the marriage takes place &
till then the transaction is incomplete & can be revoked.
 Hindu Marriage Act, 1955- A detailed
study
 Introduction:
 The Hindu marriage Act, 1955 received the assent of
the President on the 18th May, 1955 & from that date it
became a law.
 It has brought important & dynamic changes in Hindu
matrimonial concept.
 It is a landmark in the history of social legislation.
 It has not simply codified the Hindu Law of marriage
but has introduced certain important changes in many
respects.
 Changes brought by Hindu Marriage Act, 1955:
 The passing of Hindu Marriage Act, 1955 has substantially
modified the institution of marriage as recognised by the
ancient Hindu law. This Act has brought about certain
radical changes, the most important of which are as
follows:
1. The Act has declared that marriages amongst Hindus,
Jains, Sikhs & Buddhist, are valid Hindu marriages in the
eyes of the law (Sec 2)
2. The Act has abolished the divergence between the
Mitakshara & the Dayabhaga schools in connection with
the prohibited degrees of relationship for the purposes of
a Hindu marriage (Sec 3)
3. The Act also introduces monogamy for the first time
amongst the Hindus & provides for punishment for
bigamy under the Indian Penal Code. ( sec 5 & 17).
4. The Act abolishes the distinction between the marriage of
maiden & that of a widow.
5. The Act also prescribes the minimum age for marriage,
being 21 in the case of a boy and 18 in the case of a girl (Sec
5). Ancient Hindu law did not prescribe any such age for
marriage.
6. The Act does not specifically recognise any particular form
of the eight ancient forms of Hindu marriage. Rather, it merely
lays down conditions of a valid Hindu marriage. (Sec 5)
7. The Act does not prescribe any particular ceremony for a
valid Hindu marriage. It only provides that such a marriage can
be solomnized in accordance with the customary rites &
ceremonies of any one of the parties to the marriage (Sec 5 &
7)
8. The Act provides, for the first time, for the registration of
Hindu marriages (Sec 8)
9. The Act also contains provisions for restitution of conjugal
rights of the parties to a marriage (Sec 9)
10. The Act also lays down grounds on which a judicial
separation can be decreed by the Court (Sec 10)
11. The Act lays down the grounds on which a divorce can be
obtained by any of the parties to Hindu marriage. Further, the
concept of divorce by mutual consent has also been
introduced in the Act. (Sec 13, 13B & 14)
12. The Act also makes a provision for re-marriage, in as much
as it provides that after a valid divorce, either party may
marry again (Sec 15)
13. The Act also provides for maintenance pendente lite &
for expenses of legal proceedings (Sec 24)
14. The Act also provides for permanent alimony &
maintenance (Sec 25)
15. The Act also makes provisions for the custody of
children during the pendency of legal proceedings, as also
after the passing of a decree (Sec 26)
 Essential conditions of Valid Hindu marriage
 Sec 5 of the Hindu Marriage Act, 1955 lists out the essential
conditions for a valid Hindu marriage.
1. Monogamy -[Sec 5(i)]:
 This clause provides the rule of monogamy & prohibits polygamy
& polyandry.
 Before the Act of 1955, a Hindu could marry any number of
wives, even if he had a wife or wives living, although this practice
was always looked with disfavour.
 Contravention of this provision, would make the marriage void
under Sec11 of the Act.
 Further, sec 17 of the Act would render the offending party liable
for prosaecution under sec 494 & 495 of Indian Penal Code. (Sec
82 of Bharatiya Nyaya Sanhitha, 2023)
 Sec 17 of the Hindu Marriage Act, 1955 lays down- “Any marriage
between two Hindus solemnized after the commencement of this Act
is void if at the date of such marriage either party had a husband or
wife living and the provisions of the Indian penal Code shall apply
accordingly”.
 A man whose wife is alive & his marriage is valid & subsisting at the
time, cannot marry another wife. He will guilty of committing the
offence of bigamy, if he marries another wife during the continuance
of the former marriage.
 And also a woman whose husband is alive & her marriage is valid &
subsisting at the time, cannot marry another husband & she will be
committing the offence of bigamy, if she marries another husband.
 But parties to void marriage within the purview of sec 11 can
contract a valid marriage.
 Also if there has been a decree of nullity under sec 12 or a decree of
divorce under sec 13, sec 13-B , either party of such decree is at
liberty to marry again & the prohibition of clause (i) of sec 5 will have
no operation in such cases.
 In Bhogadi Kannababu & others v. Vaggina Pydamma
& others, the Supreme Court observed that, Sec 5(i) is
one such condition which clearly provides that no marriage
can be performed, if there is a living spouse. If however,
marriage has been so solemnized by the husband, such
marriage is void ab initio and the second wife cannot
inherit the property.
 Smt. Santhosh Kumari v. Surjit Singh
 Where the trial court permitted the husband to marry
another wife during subsistence of first marriage, on an
application of the wife of the first marriage on the ground
that her health used to be bad and she was unable to
satisfy his sexual desires, the Himachal Pradesh High Court
held that the order of the court would be illegal being
contrary to section 5 of the Hindu Marriage Act.
 If the former husband or wife is alive or dead at the time
of the second marriage the fact that he or she has not
been heard of for a period of 7 years by those who are
likely to have heard of him or her, raises a presumption
that he or she is dead at the time, and it is open to the
other spouse to contract a second marriage on the
footing that the former marriage had been dissolved by
death.
 In such case, the onus of proving that the former spouse
is alive is on the person applying for decree of nullity of
the second marriage on this ground.
2. Sanity -Sec [5 (ii)]:
 It is necessary that the parties to the marriage are of sound mind &
are not suffering from any mental disability so as to be unfit for giving
a valid consent.
 Therefore, it is laid down in sec 5 (ii) of the Act that neither party at
the time of marriage is incapable of giving a valid consent to it in
consequence of-
 unsoundness of mind or
 has been suffering from mental disorder of such a kind or
 to such an extent as to be unfit for marriage & for the procreation of
children or
 neither party has been subject to recurrent attacks of insanity.
 The word “at the time of marriage” in the clause is
important. That is, where a person subsequent to the
date of marriage becomes so, the provisions of this
clause are not attracted.
 The onus of bringing the case under this clause lies
heavily on the petitioner who seeks annulment of the
marriage on the ground of unsoundness of mind or
mental disorder.
 In S. Laxminarayan v. Shanti, the SC observed that to
brand the wife as unfit for marriage & procreation of
children it needs to be established that the ailment
suffered by her is of such a kind or such an extent that it
is impossible for her to lead a married life.
 Marriage performed in contravention of sec 5(2) is
voidable & not void.
3. Age of parties to marriage [Sec 5(iii)]:
 The bride must be at least 18 years old and the husband
must be at least 21 years old at the time of the marriage as
per sec 5(iii) of the Act.
 Any marriage that is performed in contravention of these
standards is not void. It is voidable at the instance of the
minor when he attains majority.
 But anyone who solemnized such marriage is punishable
with imprisonment or fine or both as per sec 18 of the Act.
4. Beyond prohibited degree- [Sec 5(iv)]:
 This clause prohibits marriage between persons who are within the
prohibited degrees of relationship with each other.
 Under sec 5(iv) of the Act, neither parties shall fall under degrees of
prohibited relationship except when such union is allowed by custom
or usage.
 Prohibited degrees of relationships are provided in sec 3(g).
 Two persons are said to be within prohibited degrees of relationship
if-
 If one is the lineal ascendant of the other;
 If one was the wife or husband of the lineal ascendant or
descendant of the other; or
 If one was the wife of the brother or of the father’s or mother’s
brother or of the grandfather’s or grandmother’s brother of the
other; or
 If the two are brother and sister, uncle and niece, aunt and nephew,
or children of brother & sister or of two brothers or two sisters.
 It should also be noted that prohibited relationship includes-
i.) Relationship by half or uterine blood as well as by full blood;
ii.) illegitimate blood relationship as well as legitimate;
iii.) relationship by adoption as well as by blood; and all terms of
relationship in those clauses shall be construed accordingly.

 But if the ‘custom’ or ‘usage’ governing each of the parties to the

marriage allows the marriage within the degrees of prohibited
relationship, then such marriage will be valid and binding.
 Smt. Shakuntala Devi v. Amar Nath, the Punjab High Court
has held that validity of marriage under sec 5(iv) is subject to
customs and usage accepted in a particular Hindu community. It
simply implies that if a marriage could take place between two
Hindus of prohibited degrees by force of customs its validity
cannot be challenged.
 Following will be within the degrees of prohibited
relationship of a MALE:
1. A female ascendant in the line,
2. wife of an ascendant in the line,
3. wife of a descendant in the line,
4. Wife of the brother,
5. wife of the father’s brother,
6. wife of the mother’s brother,
7. wife of the grandfather’s brother,
8. Wife of the grandmother’s brother,
9. Sister,
10. brother’s daughter,
11. Sister’s daughter
12. father’s sister
13. Mother’s sister
14. father’s sister’s daughter
15. father’s brother’s daughter
16. mother’s sister’s daughter
17. mother’s brother’s daughter
 Following will be within the prohibited degrees of a
FEMALE-
1. Her lineal ascendant like father, father’s father,
2. the husband of a lineal ascendant,
3. the husband of a lineal descendant,
4. brother,
5. father’s brother
6. mother’s brother,
7. brother’s son
8. sister’s son
9. father’s brother’s son
10. father’s sister’s son
11. mother’s brother’s son
12. mother’s sister’s son.
 Reason for forbidding marriage within the degrees of
prohibited relationship-
 Marriage between parties related with each other within
the degrees of prohibited relationship is forbidden
apparently to prevent:
1. Physical degeneracy of the race which the marriage
between near relations would lead to;
2. moral degeneracy and consequent evil results which are
apt to affect a society built on the edifice of joint family-
system.
 Consequence of marriage solemnized between persons
coming within the prohibited degree:
 A marriage between two persons who are related to
each within prohibited degrees would become void under
section 11 of the Act.
 And the person procuring a marriage in contravention to
this provision would be punishable under section 18(b)
with simple imprisonment which may extend to one
month, or with fine which may extend to one thousand
rupees, or with both.
 However, if customs permits such marriage, it is valid.
5. Beyond Sapinda relationship: Sec 5(v)
 Sec 5(v) prohibits marriage between persons who are
Sapindas of each other.
 The parties to the marriage should not be Sapindas of
each other.
 A Hindu marriage in contravention of this rule is null &
void under sec 11 of the Act.
 However, where custom or usage governing each of the
parties to the marriage allows marriage between Sapinda
relations, such marriage is valid.
 An Act under Sec 3(f) lays down its own rules to
determine whether a person is the ‘Sapinda’ of
another or not.
 It says that-
 “Sapinda” relationship with reference to any person
extends as far as the third generation (inclusive) in the
line of ascent through the mother, AND the fifth
generation (inclusive) in the line of ascent through the
father, the line being traced upwards in each case from
the person concerned, who is to be counted as the first
generation;
 two persons are said to be “sapindas” of each other if
one is a lineal ascendant of the other within the limits of
sapinda relationship, OR if they have common lineal
ascendant who is within the limits of sapinda relationship
with reference to each of them.
 Relationship includes :
1. Relationship by half or uterine blood as well as by full
blood;
2. illegitimate blood relationship as well as legitimate;
3. relationship by adoption as well as by blood.

 The sapinda relationship according to this clause

extends as far as-
i. the third generation (inclusive) in the line of the ascent
through the mother AND
ii. the fifth generation (inclusive) in the line of the ascent
through the father.
 Consequences of marriage with persons falling
within Sapinda relationship:
 Marriage with persons falling within Sapinda relationship
is void under section 11 of the Hindu Marriage Act and is
punishable under section 18 (b) of this Act.
 Marriage Ceremonies [Sec 7]:
 It states about necessary ceremonial rites.
 Section 7 provides:
1. A Hindu marriage may be solemnized in accordance with the
customary rites & ceremonies of either party thereto.
2. Where such rites & ceremonies include the Saptapadi (that is,
the taking of seven steps by the bridegroom and the bride jointly
before the sacred fire), the marriage becomes complete and
binding when the seventh step is taken.
 According to this, the solemnization of a Hindu Marriage may be
performed by all ceremonies & rituals of both the parties or either
of them & these rituals are mainly concerned with; invocation
before the sacred fire and Saptapadi which means taking seven
rounds around the fire with the partner.
 After completion of these rites the marriage becomes binding &
complete.
 If the rites and ceremonies prevalent in the communities
of both the parties to the marriage are the same, then
marriage must be solemnised in accordance with those
ceremonies and performance of those ceremonies will be
sufficient.
 But if the ceremonies of marriage are different in their
communities, then marriage may be solemnised either in
accordance with the rites and ceremonies observed in
the community of the bridegroom or rites and
ceremonies in vogue in the community of the bride.
 PROOF OF MARRIAGE [Sec 8]:
 Registration of marriage:
 A Hindu marriage may be registered within 15 days of
solemnization of marriage as the state govt prescribes.
 Registration provides written proof of marriage.
 Section 8 provides that “ for the purpose of facilitating
the proof of marriages, the State Government may
make rules providing that the parties to any such
marriage may have the particulars relating to their
marriage entered on such manner and subject to such
conditions, as may be prescribed in a Hindu Marriage
Register kept for the purpose”.
 The validity of any Hindu marriage shall in no way be
affected by the omission to make the entry in the
Marriage register.
 It may be noted that registration of marriage under this
section simply provides for the proof of a lawfully
solemnized Hindu-marriage. If there is no marriage at all,
but the marriage is registered, the registration,
certificate, as such, cannot validate the marriage.
 In the case of Shaji v. Gopinath, there was no marriage
at all under the provisions of this Act. But the marriage
between the parties was registered merely because the
boy told the girl that such certificate would be necessary
for her employment abroad. The Madras High Court held
that in this circumstances the registration of marriage is
null and void.
Matrimonial remedies under Hindu Law
 There are four matrimonial remedies under the modern Hindu law-
1. Restitution of Conjugal rights
2. Judicial Separation
3. Nullity of marriage
4. Divorce
1. Restitution of Conjugal rights:
 After the marriage, the husband is entitled to the
society of his wife & the wife to the society of her
husband.
 Therefore, cause of action arises when one of the
parties to the marriage withdraws from the society of
other.
 Sec 9 of the Hindu Marriage Act, 1955 deals with the
subject of the restitution of conjugal rights.
 When either the husband or the wife has, without
reasonable excuse, withdrawn from the society of the
other, the aggrieved party may apply, by petition to
the District Court, for restitution of conjugal rights.
 When Court is satisfied of the truth of the statements
made in such petition & that there is no legal ground
why the application should not be granted, then it may
 Where a question arises whether there has been
reasonable cause for withdrawal from the society, the
burden of proving reasonable excuse shall be on the
person who has withdrawn from the society.
 Thus, the court may decree the restitution of
conjugal rights, when-
a. either of the party has, without reasonable excuse,
withdrawn from the society of the other;
b. the court is satisfied of the truth of the statements
made in the petition for restitution of conjugal
rights; and
c. there is no legal ground why the application should
not be granted.
 Mirchu Lal v. Smt. Devi Bai
 the wife was employed away from matrimonial home &
used to come to her husband so often.
 Later on she resigned & started living with him.
 But this state of affairs could not last long & the wife again
sought employment away from the husband’s home.
 She agreed to go to his place so often & also asked him to
come down to her place.
 On this the husband after sometime filed a petition of
conjugal rights under sec 9 of the Act.
 But the Court dismissed it holding that there was quite
reasonable excuse on the part of the wife to live apart from
the husband.
 K. Kantimathi v. S. Parmeshwar Aiyar
 Where the wife refused to live with the husband as
long as he lived with his aged parents under the
same roof.
 The court held it to be an unreasonable excuse &
therefore the restitution petition of the husband was
decreed .

 T. Sareetha v. T. Venkata subbaiah

 N.R. Radhakrishna v. N. Dhanlaxmi
Here Madra High Court held that the right of the husband to
require his wife to live with him is not unqualified where the
wife is gainfully employed in a place away from the husband’s
home, the court held to be a reasonable excuse to live apart
and the restitution petition of the husband was not granted.
 Smt. Swaraj v. K.M.Garg
• In this case husband and wife both were gainfully employed.
• Both of them were highly qualified but unfortunately the
husband was not so well employed as his wife was and thus
the wife was getting higher salary than her husband.
• The wife proposed to the husband that he should resign and
stay with her.
• On the other hand husband asked her to resign and live with
him.
• On this issue there was great misunderstanding.
• In the last husband filed a suit for restitution under section 9
of the Act.
• The Court dismissed the petition and held that there were
sufficient reasons for the wife to stay separately and hence
petition must fail.
 Alia Bhasker Barke v. Satchidananda Barke
• Here, Bombay High Court held that matrimonial home
is not necessarily the house of the husband or the
house of his parents.
• In this case both wife and husband were gainfully
employed at different places and decided to book
ownership flat at Bombay.
• The husband contributed initial amount and the wife
paid the remaining balance.
• It was held that this flat at Bombay was the
matrimonial home of the parties.
 In order to succeed in a petition for restitution of
conjugal rights, it is necessary that the petitioner must
have bonafide intention.
 A decree of restitution may be refused if the court
finds that the petition is not presented bonafide.
 Following grounds have been held to be valid considerations
for living separately, disentitling the other spouse to a
decree for restitution of conjugal rights:
1. Grossly indecent behaviour
2. Extravegance of living on the part of the wife effecting the
financial position & prospects of the husband.
3. Excessive drinking carried to such a degree as to render it
impossible for the duties of married life to be discharged.
4. Persistence in a false charge against respondent of having
committed an unnatural offence
5. Refusal of marital intercourse without sufficient reason
6. Apprehension of violence due to development of insanity
in the Petitioner
7. Cruelty
 Ravindra Nath Barik v. Smt. Pramila Batra Barik
 The wife resisted the petition of restitution of
conjugal right filed by her husband on the ground that
she was compelled to live separately from her
husband because of the cruel behaviour of the father
of the husband.
 The Court noted that it was the act of cruelty of the
husband’s father & not of the husband even then the
Court found sufficient reason in the wife’s separate
living & dismissed the husband’s petition for
restitution of conjugal rights.
 Navjit Patowary v. Karabi Thakuria Patowari
• The husband filed petition for restitution of conjugal rights
against the wife.
• It was found that the husband failed to discharge his marital
obligation to maintain wife and children.
• The wife suffered torture by the husband and his four sisters and
she was forced to flee from the residence of the husband to save
herself from cruel and arrogant behaviour of her husband.
• The husband also disputed about the paternity of her younger
child.
• The wife had lodged complaint in the police station regarding his
illegal demands.
• It was held that the wife had sufficient cause to stay away from
her husband and husband was not entitled for decree of
restitution of conjugal rights.
2. Judicial Separation (Sec 10):
 Judicial separation is a state of relations between
husband & wife when they are under no obligation to live
together or to perform marital obligations for each other.
 It is temporary suspension of marital rights between the
spouses as a result of decree passed by the court on any
one of the grounds mentioned in this section.
 During the course of judicial separation, either party
may be entitled to get maintenance from the other if the
situation so warrants.
 But during this period the husband or the wife would not
acquire the competence to marry afresh.
 The right of fresh marriage would be available to them
only after the dissolution of marriage.
 Sec 10(1)- “Either party to a marriage, whether
solemnized before or after the commencement of
this Act, may present a petition praying for a decree
for judicial separation on any grounds specified in
sub- sec (1) of sec 13, and in case of a wife also on
any grounds specified in sub- sec (2) thereof, as
grounds on which a petition for divorce might have
been presented”.
 Sec 10(2)- “Where a decree for judicial separation
has been passed, it shall no longer may on the
application by petitioner to cohabit with the
respondent, but the court may on the application by
petition of either party & on being satisfied of the
truth of the statements made in such petition
rescind the decree if it considers it just & reasonable
to do so”.
A. Grounds available to husband & wife both:
1. Adultry
2. Cruelty
3. Desertion
4. Conversion
5. Unsoundness of mind
6. Leprosy
7. Venereal disease
8. Renunciation of world
9. Presumed death
NOTE: [Give Explanations to the above points]
B. Additional grounds to Wife:
1. Bigamy
2. Rape, sodomy or Bestiality
3. non-resumption of cohabitation after decree or order of
maintenance
4. Option of puberty

NOTE: [Give Explanations to the above points]

 Incidents & effects of Judicial Separation:
1. That the marriage tie is not dissolved
2. That after the passing of the decree of judicial
separation, the husband & wife are not bound to live
together .
3. After the decree of judicial separation it will not be
obligatory for the parties to cohabit with each other.
4. It does not prevent the parties from subsequently
resuming cohabitation & living together as husband &
wife as originally they did. It is not necessary for them
to undergo the ceremony of marriage again because
their original marriage still subsists in site of the decree
of judicial separation.
5. If either spouse marries during that period, he or she
will be guilty of bigamy & will be liable for punishment
6. The wife shall, from the date of the decree & till
separation continues, be considered as independent
woman with respect to property of every description.
7. The mutual rights & obligations arising from the
marriage are suspended & the rights & duties
prescribed by the decree are substituted therefor.
3. Nullity of Marriage:
 Void marriages- [Sec 11]
 Marriage will be Void ab initio-
(i) If any party to marriage has a spouse living at the time of
the marriage [Sec 5(i)]
(ii) if the parties are within the degree of prohibited
relationship unless the custom or usage governing each of
them permits such a marriage [Sec 5(iv)]
(iii) If the parties are ‘Sapindas’ of each other, unless the
custom or usage governing each of them permits such a
marriage [Sec 5(v)]
 Sec 11 is not applicable to marriages solemnized before the
commencement of the Hindu Marriage Act, 1955, i.e. before
18th May, 1955, though such marriages may be void.
 Namiths S. Nair v. V. Ravinath
 Second wife sought nullity of marriage on the ground of
subsistence of first marriage of the husband and
produced photocopies of husband’s passport showing
name of the first wife of her husband in the column of
name of the spouse.
 Entries in passport alone were held sufficient to
presume that first marriage of the husband subsisted at
the time of second marriage.
 Marriage between the parties was declared as void.
 Voidable marriages: [Sec 12]
 Any marriage solemnized, whether before or after the
commencement of this Act, shall be voidable & may be
annulled by a decree of nullity on any of the following
grounds:
a. Impotency:
 The primary object of marriage is the procuring of issue &
for that physical capacity, potency is an essential requisite.
 Impotency is the ‘permanent’ & ‘incurable’ incapacity to
consummate the marriage.
 The incapacity may arise either from a structural defect in
the genetical organs which is incurable & renders complete
sexual intercourse impracticable.
 It may arise from some incurable mental or moral
disability.
b. Unsoundness of mind
 The marriage can also be annulled where marriage was
in contravention of sec 5(ii) of the Act, which lays down
that neither party should suffer from unsoundness of
mind at the time of marriage.
 Under English Law a person of unsound mind is not
capable of giving consent & marriage of such a person is
void-ab-initio.
 But the rule of Hindu law in this respect is different.
Marriage of such a person is not void, it is voidable under
Hindu law.
 Now, after the amendments made by the Marriage Laws
(Amendment) Act, 1976, section 5 (ii) of the Act provides
the following three circumstances of unsoundness where
either party at the time of marriage-
 is incapable of giving a valid consent to it in
consequence of unsoundness of mind; or
 though capable of giving a valid consent, has been
suffering from mental disorder of such kind or such an
extent as to be unfit for marriage and the procreation of
children; or
 has been subject to recurrent attacks of insanity.
 Alka Sharma v. Abhinesh Chandra Sharma
• Madhya Pradesh High Court held that even
Schizophrenic state of mind would constitute a ground of
mental disorder of such a nature which would be
sufficient for granting a decree of nullity under this
section.
 c. Consent obtained by force or fraud
 Marriage is voidable on the ground that the consent of
the petitioner or of the guardian has been obtained by
force or fraud.
• Nand Kishore v. Smt. Munna Bai
Madhya Pradesh High court held that the terms of force
and fraud mean those conditions in which there is absence
of real consent. The term fraud has been used in the sense
which lacks the element of consent and there is intention to
defraud.
• In Som Dutt v. Smt. Raj Kumari decided by Punjab High
court, the husband sought annulment of marriage for
fraud committed upon him by his wife in concealing her
true age from him and thereby inducing him to marry a
women much older than him in age. It was held that the
marriage was liable to be annulled due to gross
 Rama Kanta v. Mohinder Laxmidas
• the fact that wife had already married twice before the
present marriage and that, she had given birth to a son
in first wedlock was not disclosed to the husband.
• Here, the Court held that non-disclosure of the said facts
to husband before the marriage amounts to fraud on him
and the marriage may be annulled on this ground.
d. Pregnancy of the wife at the time of marriage-
 The fourth ground on which the marriage may be annulled by
a decree of nullity is that the respondent was at the time of
the marriage pregnant by some person other than the
petitioner.
 In a petition for annulment of marriage, Petitioner has to
prove beyond reasonable doubt that the respondent was
pregnant by some one else at the time of marriage.
 Here, court will see whether the Petitioner has proved that
the respondent was pregnant by someone else at the time of
the marriage
 Mahendra v. Susheela Bai, the baby was born to Sushila
after 171 days from the date of marriage. The child was fully
developed healthy child. There was no evidence of their
meeting before the marriage. Here wife admitted her
pregnancy from before the solemnization of the marriage.
Hence the husband was entitled to the decree of nullity.
 Limitations: there are 3 limitations laid down in sec 12
(2)(b)(i),(ii) and (iii), that no petition for annulling a
marriage on this ground shall be entertained unless the
court is satisfied-
(i) That the petitioner was at the time of marriage
ignorant of the facts alleged.
(ii) that proceedings have been instituted in the case of a
marriage solemnized before the commencement of
this Act within one year of such commencement and in
the case of marriage solemnized after such
commencement within one year from the date of the
marriage; and
(iii) that marital intercourse with the consent of the
petitioner has not taken place since the discovery by
the petitioner of the existence of the grounds for a
decree.
 In C.S. Rangbhattar v. Choodaman, the Andra
Pradesh High court held that where the petitioner
husband was aware of the fact that the wife was
pregnant at the time of marriage and he
continued to have marital intercourse with the
wife after this knowledge, it was held that the
marriage could not be annulled at the petition of
the husband.
4. Divorce:
 Grounds for divorce (Sec 13):
I. Available for both husband & wife:
1. Adultry [Sec 13(1)(i)]
 Petition for decree of divorce may be presented by either
spouse on the ground that the other party has, after the
solemnization of the marriage had voluntary sexual
intercourse with any person other than his or her spouse.
 Pre-marriage unchastity of the wife or pre-marriage sexual
relation of a husband with some other woman is not a ground
of divorce.
 The burden of proving adultery is always on the person
alleging adultery.
 Thimmappa Dasappa v. Thimmava,
• the facts were that the wife used to be usually absent
from the house and was found to be in company with
strangers.
• She was also found in the room of those strangers.
• She did not have any explanation for being in their
company.
• On the petition for divorce filed by the husband, the
court held that under the conditions, the wife’s living in
adultery would be established and the petition would
be decreed.
 Maya Devi v. Pargat Singh
• the husband who was living away from home received
information from his cousin regarding his wife
committing adultery.
• Footages of CCTV camera installed by husband in
matrimonial home of wife showed physical relations
between the wife and a co-villager.
• No evidence was adduced by wife to rebut CCTV
footages.
• The Court held that the adultery was proved beyond
doubt and the husband was held entitled to divorce.
2. Cruelty [Sec 13(1)(i-a)]:
 Petition for obtaining decree of divorce may be presented
by either party to the marriage on the ground that the other
party has after the solemnization of marriage, treated the
petitioner with cruelty.
 Cruelty may be either mental or physical.
 To constitute a legal cruelty there must be danger to life or
injury to health, bodily or mental or reasonable
apprehension of it”.
 Mental cruelty is the conduct of other spouse which causes
mental suffering or fear to the matrimonial life of the other.
 Shobha Rani v. Mudhakar Reddi, SC considerably
enlarged the concept of cruelty & held that the demand for
dowry, which is prohibited under law, amounts to cruelty
entitling the wife to get a decree for dissolution of marriage.
 Gautam Mohanty v. Jayshree Mohanty
• the parties were living separately for more than twenty-
two years.
• The wife made false accusation against her husband of
demand of dowry.
• She also alleged that he and his family members
tortured her on non-fulfilment of this demand.
• The allegations of demand of dowry and torture
remained unsubstantiated after a full drawn trial.
• Therefore, such an act on the part of the wife was held
to be mental cruelty against the husband.
3.Desertion [ Sec 13(1)(1-b)]:
 Petition for obtaining decree of divorce may be presented
by either party to the marriage on the ground that the
other party has deserted the petitioner for a continuous
period of not less than two years immediately preceding
the presentation of the petition.
 Desertion is not a single act complete in itself, it is a
continuous, it is a continuous course of conduct to be
determined under the facts & circumstances of each case.
 Desertion of a petitioner by other party to the marriage
without reasonable cause & without the consent or against
the wish of such party & includes the willful neglect of the
petitioner by the other party to the marriage.
 Desertion is of 2 kinds-
a. Actual desertion
b. Constructive desertion
a. Actual desertion:
To constitute actual desertion, the following facts should be
established-
a. The spouse must have parte or terminated all joint-living ,
b. the deserting spouse must have the intention to desert the other
spouse,
c. the deserted spouse must not have agreed to the separation,
d. the desertion must have been without reasonable cause, and
e. this state of affairs must have continued for the requisite period, i.e.,
two years.
b. Constructive Desertion:
 Desertion is not withdrawal from a particular place, but it
is withdrawal from a particular state of things. i.e.,
Cohabitation.
 Husband created a condition in which the wife is
compelled to leave his company and live separately, the
wife will not be held guilty of desertion but the husband
himself would be guilty of desertion.
 Thus constructive desertion consists of that state of
things where one party to marriage has been compelled
to leave matrimonial home owing to repulsive behavior
of the other party and the party thus living separately
cannot be held to be deserted but the party compelling
her/him would be held to be the deserter.
4. Conversion: [Sec 13(1)(ii)]
 Petition for obtaining decree of divorce may be presented
by either party to the marriage on the ground that the other
party has ceased to be a Hindu by conversion to another
religion.

5. Unsound mind [Sec 13(1)(iii)]

 Petition for obtaining decree of divorce may be presented by
either party to the marriage on the ground that the other
party has been incurably of unsound mind or has been
suffering continuously or intermittently from mental disorder
of such a kind & to such an extent that the petitioner cannot
reasonably be expected to live with the respondent.
 It includes mental illness, psychopathic disorder or any other
disorder or disability of mind & includes schizophrenia.
6. Leprosy [Sec 13(1)(iv)]
 Leprosy is no more a ground of decree of dissolution of
marriage under the Hindu Marriage Act and is omitted by
Personal Laws (Amendment) Act, 2019.
 Before this Amendment Act, virulent & incurable form of
leprosy was a ground of divorce under the Hindu
Marriage Act as laid down in sec 13(1)(iv) of the Act.
7. Venereal disease [Sec 13(1)(v)]
 Petition for obtaining decree of divorce may be
presented by either party to the marriage on the ground
that the other party has been suffering from venereal
disease in a communicable form.
8. Renunciation of the world [Sec 13(1)(vi)]
 Petition for obtaining decree of divorce may be
presented by either party to the marriage on the
ground that the other party has renounced the world
by entering any religious order.
 Renunciation of the world is regarded tantamount to
civil death.
 However, a person does not become a sanyasi by
merely declaring himself a ‘sanyasi’ or by wearing
clothes of sanyasi.
 He or she must perform the ceremonies necessary
for entering the class of sanyasi; without such
ceremonies he cannot be regarded dead for worldly
purposes.
9. Presumed death: [Sec 13(1)(vii)]
 Petition for obtaining decree of divorce may be
presented by either party to the marriage on the
ground that the other party has not been heard of as
being alive for a period of seven years or more by
those persons who would naturally have heard of it,
had that party been alive.
 Thus the aggrieved party may marry again &
legitimate children.
 If the second marriage is performed on the basis of
presumption of death without getting the divorce, no
person other than the missing spouse can question the
validity of the second marriage.
10. Non-resumption of cohabitation after the decree
for judicial separation [Sec 13(1A)(i)]
 Petition for obtaining decree of divorce may be
presented by either party to the marriage on the ground
that there has been no resumption of cohabitation for a
period of one year or onwards after passing of a decree
for judicial separation to which they were parties.
 A party will be entitled to a decree of divorce if a
decree of judicial separation has already been passed &
the other party has not resumed cohabitation within one
year thereafter.
11. Failure to comply with the decree for
restitution of conjugal rights [sec 13(1-A)(ii)]
 Petition for obtaining decree of divorce may be
presented by either party to the marriage on the
ground that there has been no restitution of conjugal
rights between the parties for a period of one year or
onwards after passing of the decree for restitution of
conjugal rights in a proceeding to which they were
parties.
 Additional grounds to wife: [Sec 13(2)]
1. Bigamy
2. Rape
3. Non-resumption of cohabitation after decree or order of maintenance
4. Option of puberty
NOTE: [Give Explanation to above points]
 Bathula Ilahi v. Bathula Devamma
• The court granted the decree after the wife had attained the age of eighteen
years.
• The wife in this case had repudiated the marriage before attaining the age of 15
years because after living with the husband for some time she realized that it
would be dangerous to live with him any more.
• She came to learn later on about the passing of Marriage Laws (Amendment) Act,
1976, which entitled her to bring the present petition.
• The Court held that even if the petition has been presented after passing of the
age of eighteen years it would be allowed in the wake of reasonable explanations
for the delay.
 Divorce by Mutual Consent: [Sec 13-B]
 Under sec 13-B, a decree of divorce may be obtained by
both the parties to a marriage together.
 As per sec 13-B(1), such a petition is required to be moved
jointly by the parties to marriage on the ground that they
have been living separately for a period of one year or more
and they have not been able to live together and also that
they have agreed that the marriage should be dissolved.
 On the motion of both the parties made not earlier than six
months after the date of the presentation of petition and not
later than eighteen months after that date the court shall, if
satisfied after hearing the parties and making such
enquiries as the court may think fit, that a marriage has
been solemnized and the statements contained therein are
true, pass a decree declaring the marriage to be dissolved.
 Three essentials of divorce by mutual consent-
(i) That both then parties have been living separately for a
period of one year or more;
(ii) that both the parties have not been able to live together;
(iii) that both the parties have mutually agreed that their
marriage should be dissolved.
 It should be noted that, the consent for petition of divorce by
mutual consent must not be obtained by force, fraud or undue
influence.
 If so obtained then, Court upon finding the truth of the case
reject the application.
 The expression ‘having been living separately’ in sec 13-
B(1) of the Hindu Marriage Act does not necessarily mean that
the spouses have to live in different places. What the
expression would seem to require is that they must be living
apart- that is, not living with each other as husband & wife.
 Raj Vinod v. Smt. Durga Devi, the parties reached
to a consensus that they cannot happily live together
as husband and wife since their separation was for a
substantial period of sixteen years. As a result of the
consensus, they decided to present joint divorce
petition and the divorce by mutual consent.
 Veena v. State Govt. of N.C.T., Delhi
 parties were living separately for over 10 years.
 There was no possibility of reconciliation between
them.
 Parties agreed to compromise matter and to
withdraw all pending suits against each other.
 In view of these facts their prayer for grant of
divorce by mutual consent was allowed by the
Supreme Court.
 Maintenance and alimony
 Maintenance ‘pendente lite’ and expenses of
proceedings- [Sec 24]
 This section makes provision for grant of maintenance
pendent lite and expenses of proceedings to either spouse
and sec 25 contains similar provisions regarding payment of
permanent alimony & maintenance.
 The provision of maintenance pendent lite in favour of a
needy spouse applies irrespective of whether such spouse
appeared as the initiator of the main proceeding or not.
 Once an order is passed under sec 24, no matter what
happens to the petitioner thereafter, the liability to pay
maintenance and expenses of the litigation in respect of the
period during which the proceedings were pending cannot be
avoided.
 It has been provided that the application for the
payment of expenses of the proceedings and such
monthly sum during the proceedings, shall, as far as
possible, be dispose of within sixty days from the date of
service of notice on the wife or the husband, as the case
may be.
 In deciding the question of maintenance pendent lite the
only issue to be considered is whether the claimant is or
is not in a position to maintain herself or himself.
 The object of sec 24 is to ensure that a party to a
proceeding does not suffer during the pendency of the
proceeding by reason of his or her poverty.
 The party standing in need of such relief may be either
party.
 In Chitra Lekha v. Ranjit Rai, it has been laid down
that the object behind sec 24 is to provide financial
assistance to the indigent spouse to maintain herself or
himself during the pendency of the proceedings and also
to have sufficient funds to defend or carry on the
litigation so that the spouse does not unduly suffer in the
conduct of the case for want of funds.
 Maintenance also for children: It may be noted that
the central idea behind provisions of this section is to
provide maintenance to the necessitous spouse during
pendency of the proceedings. But, in exceptional cases
the Court can order the maintenance also for such
children who are dependent on and are living with spouse
whose claim has been found justified by the court.
 Case: Jasbir Kaur Sehgal v. District Judge,
Dehradun
 Quantum of maintenance:
 In the Hindu marriage Act, no such limit has been fixed.
If the court comes to the conclusion that the Applicant is
entitled to maintenance and expenses, then it has to
consider their quantum. As for expenses of litigation
there should be no difficulty in assessing what the
reasonable expenses should be. However, such amount
must be sufficient enough to enable the applicant to
contest the case properly.
 In Parchuri Rajya Lakshmi v. Parchuri Viswas
Sankara Prasad, where the husband’s source of income
was agricultural land, the Andra Pradesh High Court
enhanced the maintenance to wife from Rs. 150 p.m to
Rs. 200 p.m. after considering the type of land, value of
agricultural produce and deducting the expenses
incurred.
 Discretion of the court:
 In the matter of granting alimony pendent lite, the
court exercises a wide discretion, but this discretion is
not to be exercised arbitrarily. It should be within the
purview of the section and guided by the sound
principles of matrimonial law.
 In Hema v. Lakshmana, the Kerala High Court held
that it must take into consideration income of the
spouses and the legitimate needs of the claimant
having regard to the status of the parties, their family
background, the standard of life to which the claimant
has been accustomed to, legal and other obligations of
the person liable to make the payment and other
relevant circumstances.
 Permanent alimony and maintenance- [Sec 25]:
 The court has been empowered under sec 25 to direct the
opposite party at the time of decree or subsequently to pay
maintenance to the petitioner.
 The Court shall take into account the status of the opposite
party in fixing the amount for maintenance.
 The court has been empowered to rescind or modify the
order at any subsequent stage if the circumstances so
warrant; and if petitioner becomes unchaste or remarries at
any subsequent stage, the court may at the instance of the
other party vary, modify or rescind any such order in such
manner as the court may deem just.
 The application for permanent alimony is maintainable even
in cases of degrees for divorce and annulment of marriage
although the relationship of husband and wife does not exist
between the parties after passing of the decrees.
 Gulab v. Kamal Gulab Kakwane
 This case was decided by Bombay High Court.
 The Husband got the decree of divorce against the wife on the
ground of misconduct and adultery.
 The wife moved an application for maintenance under section 25
of the Act.
 The Court held that the immorality and adultery on the part of
wife does not disentitle her to get maintenance allowance after
divorce.
 It is the complete discretion of the court to grant maintenance
depending upon the circumstances in which the application has
been moved.
 But an adulterous conduct on the part of the wife subsequent to
the order of maintenance in her favour after the decree of divorce
is passed would certainly negate her claim to get maintenance
allowance in future.
 Court may rescind order- Conditions:
 There are two conditions in which the Court may rescind
its order for alimony and maintenance. These are
provided in sec 25 (2) and (3) which are as follows:
(i) If the court is satisfied that there is a change in the
circumstances of either party at any time after it has
made an order under section 25(1), it may, at the
instance of either party vary, modify or rescind any
such order in such manner as the court may deem just.
[Sec 25(2)].
(ii) If the Court is satisfied that the party in whose favour
an order has been made under this section has
remarried or, if such party is the wife, that she has not
remained chaste, or if such party is the husband, that
he has had sexual intercourse with any woman outside
wedlock it may at the instance of other party vary,
modify or rescind any such order in such manner as the
 Custody of Children [Sec 26]:
 Sec 26 deals with the rules regarding custody,
maintenance and education of minor children during
the pendency of any proceedings.
 Court may as it considers necessary and deems fit,
from time to time pass interim orders in this regard
and at the same time has the power to revoke,
suspend or vary such an order.
 Obligation to maintain lies on both father and mother
of the child or on either of the parents as ordered by
the court.
 It has been provided that the application with respect
to the maintenance and education of the minor
children, pending the proceeding for obtaining such
decree, shall, as far as possible, be disposed of within
sixty days from the date of service of notice on the
respondent.
 Disposal of property [Sec 27]:
 Appeals from decrees & orders [Sec 28]- within 90 days
 Enforcement of decrees & orders [Sec 28A]
 Savings [Sec 29]
 Repeals [Sec 30]
 The Dowry Prohibition Act, 1961
 Object of the Act:
 To prohibit the giving and taking of dowry.
 Definition of ‘Dowry’: [Sec 2]
 Dowry means any property or valuable security given or
agreed to be given either directly or indirectly-
a. By any party to a marriage to the other party to the
marriage, or
b. by the parents of either party to a marriage or by any
other person, to either party to the marriage or to any
person;
 before or at the time of marriage.
 Penalty for giving or taking dowry: [Sec 3]
 If any person after the commencement of this
Act, gives or takes or abates the giving of dowry,
he shall be punishable with an imprisonment for a
term which shall not be less than 5 years and with
fine which shall not be less than fifteen thousand
rupees or the amount of the value of such dowry,
whichever is more.
 Penalty for demanding dowry:[ sec 4]
 If any person demands, directly or indirectly, from the
parents or other relatives or guardian of a bride or
bridegroom, as the case may be, any dowry, he shall
be punishable with imprisonment for a term which shall
not be less than six months, but which may extend to
two years and with fine which may extend to ten
thousand rupees.
 Ban on advertisement: [Sec 4A]-
 If any person-
a. Offers through any advertisement in any newspaper,
periodicals, journal or through any other media, any
share in his property or of any money or both as a share
in any business or other interest as consideration for the
marriage of his son or daughter or any other relative.
b. Prints or publishes or circulates any advertisement referred to in
clause (a),
he shall be punishable with imprisonment for a term which shall not
be less than six months, but which may extend to five years, or with
fine which may extend to fifteen thousand rupees.
 Agreement for giving or taking dowry to be void: [Sec 5]
 Any agreement for the giving or taking of dowry shall be void.
 Dowry to be for the benefit of the wife or her heirs: [Sec 6]
 Cognizance of offence: [Sec 7]
 Offences to be cognizable for certain purposes and to be
bailable and non- compoundable.[Sec 8]
 Burden of proof in certain cases[Sec 8A]
 Dowry Prohibition Officer [Sec 8B]
 Powers to make rules [Sec9]
 Power of the State Government to make rules [Sec 10]