The Hindu Marriage Act

The most significant institution in human society is marriage. It is a common occurrence. The foundation of human civilization has come into the picture because of marriage. New social ties and reciprocal rights between spouses are created through marriage. When children are born, their rights and position are established. Every community recognises specific steps for establishing these relationships and rights. Real marriage is the acceptance of a new status with new responsibilities that are acknowledged by others. Every society recognises marriage as a socially accepted universal institution. One of the most profound and intricate human partnerships is marriage. In 1955, the laws governing Hindu marriage were formalised and put into effect. The laws governing Hindu marriage, restitution of conjugal rights, judicial separation, divorce, annulment of marriage, maintenance, and guardianship are included in the Hindu Marriage Act, 1955, which was passed by the legislature. Sections 5 and 7 of the Hindu Marriage Act of 1955 address the requirements for a legally binding union among Hindus.

Structure of the Hindu Marriage Act, 1955

The Hindu Marriage Act is an Act of the Indian Parliament that was approved on May 18, 1955. The Hindu Succession Act, 1956, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoptions and Maintenance Act, 1956 were all enacted at this time as part of the Hindu Code Bills. The Hindu Marriage Act, 1955 was passed to protect the legal rights of Hindu brides and grooms who are joined by the holy bond of marriage. The type of ceremony that must take place has not been specified by law because there are numerous methods by which a man and woman can be wed in accordance with Hindu tradition.

The Act of 1955 is spread across six Chapters, consisting of 29 Sections in total. The layout of the same has been provided hereunder:

Chapter I: Preliminary
Chapter II: Hindu Marriages
Chapter III: Restitution of conjugal rights and judicial separation
Chapter IV: Nullity of marriage and divorce
Chapter V: Jurisdiction and procedure
Chapter VI: Savings and repeals

Applicability of the Hindu Marriage Act

A person who is a Hindu including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj.
A person who is a Buddist, Jaina or Sikh.
A person who is residing in regions where this act is applicable and the person should not be a Muslim, Christian, Parsi or Jew.
A child both legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs.
A child whose parents is a Hindu, Buddist, Jaina or Sikh and is raised as a member of a tribe, community, group or family to which their parents belong.
Any individual who is a convert or re-convert to Hindus, Buddhist, Jaina or Sikh religion.

Essential features of the Hindu Marriage Act, 1955

Forbidding bigamy: The law forbids a man from having multiple wives at the same time. Section 5 of the Act specifies that it is illegal to have two living wives at once, which is known as bigamy. It implies that one cannot get married to someone else without first divorcing their spouse (divorce). If he does the act, it is unlawful and he will be penalised in accordance with Sections 494 and 495 of the Indian Penal Code, 1860.
Marriageable age prescribed: The time frame for getting married is set forth by legislation. According to Section 5 (iii) of the Hindu Marriage Act of 1955, the bridegroom must be at least 21 years old and the bride must be at least 18 years old when they get married. If a marriage is not carried out, it is void and has no legal standing.
Act of 1955 intends to protect the party’s marriage: The restitution of conjugal rights is provided for in Section 9 of the 1955 Act. Restitution of conjugal rights refers to the right to remain together. Conjugal rights are defined as rights deriving from a marital tie. The main idea of Section 9 is that a spouse has the right to cohabitate in order to safeguard their union and preserve its sanctity.
Focus on the mental stability of parties getting married: A person’s marriage will be null and void if they were mentally unfit when they were hitched. The individual must also offer legally binding consent before becoming married. The prerequisites of Hindu marriage related to mental health and capacity are stated in Section 5(ii)(a),(b),(c).
Significance of ceremonies involved in marriage: The law states that if two people get married using the customary rituals and rights, their marriage is lawful. The father must take care of and safeguard any children born after marriage because they are legally entitled to exist.

Conditions for a Hindu Marriage

The couple should not have a spouse living during the wedding.
Neither of the couples is incapable of consenting to the marriage due to unsoundness of mind.
Neither of the couples should be suffering from any mental disorders which makes him/ her unfit for marriage and the procreation of children.
Neither of the couples should not be suffering from attacks of insanity or epilepsy.
The bridegroom has to complete 21 years of age and the bride has to complete 18 years of age at the time of their wedding.
The couple should not be in a prohibited relationship unless their custom permits them to get married.
The couple should not be sapindas (cousins) unless their custom permits them to get married.

Registration of Hindu Marriages

As proof for Hindu marriages, the State Government has implemented rules that provide the particulars relating to their marriage and conditions that are prescribed in the Hindu Marriage Register. The State Government provides that entering of the particulars as in sub-section (1) wpi;d be compulsory in the State for some cases as per the direction that has been issued. However, violating this would lead the individual to pay a fine of Rs. 25. The Hindu Marriage Register is to be opened for inspection at reasonable times and would be considered as an evidence of statements. This is given by the Registrar on payment of the prescribed fee. The validity of the Hindu marriage will in no way be affected by the omission to make the entry.

Restitution of Conjugal Rights

When the husband or the wife has withdrawn from the society without a reasonable excuse, the aggrieved person may apply a petition to the District Court for restitution of conjugal rights. After investigating, the court verifies the truth mentioned in the petition and if there is no legal rule for granting the application, the court may grant the restitution of conjugal rights.

All reasonable excuses have to be furnished by the person who has been withdrawn from society.

Judicial Separation

As per sub-section (1) of Section 13, either of the couples whether solemnized before or after the commencement of this Act has to furnish a petition for judicial separation. When a judicial separation has been passed, there is no requirement for the petitioner to cohabit with the respondent. However, the court can rescind the petition if there is no satisfactory truth made in the statement.

Voidable Marriages

Any marriages that are solemnized before or after the commencement of this Act, will be voidable and declared invalid in the following cases.

When the marriage is not consummated due to the impotency of the respondent.
When a marriage is infringed as per the conditions that are specified in Clause (ii) of Section 5.
When the consent of the petitioner or the guardian in the marriage of the petitioner is required under Section 5 before the commencement of the Child Marriage Restraint Act 1948, the consent of the guardian was obtained by force or by fraud or by any material fact or circumstances that are related to the respondent.
If the respondent is pregnant by a person who is not the petitioner.

The legitimacy of Children of void marriages

According to Section 11, a child of any marriage is legitimate if the marriage had been valid, whether or not the marriage is null and void.
If a decree of nullity is granted for a voidable marriage, any child conceived prior to the formulation of the decree will be considered as a legitimate child irrespective of the existence of the decree.

Punishment of Bigamy

As per the provisions of Section 494 and 495 of the Indian Penal Code (45 of 1860), a marriage between two Hindus after the commencement of the Act is void if at the date of marriage either one of the couples has a living spouse.

Punishment for Contravention of Certain other Conditions

The following are the punishments for contravention of a Hindu marriage.

If there has been a contravention specified in clause (ii) of Section 5, the person committed the crime shall be imprisoned up to fifteen days or shall be charged with a fine that goes up to Rs. 1000
If there has been a contravention specified in clause (iv) or clause (v) of Section 5, the person committed the crime will be imprisoned for one month or will be charged with a fine that goes up to Rs. 1000 or in some cases, the person will be charged with both.

Landmark judgment surrounding the Hindu Marriage Act, 1955

Revanasiddappa v. Mallikarjun (2011)

In Revanasiddappa v. Mallikarjun (2011), a Special Bench of the Supreme Court composed of Justices G.S. Singhvi and Asok Kumar Ganguly made the observation that regardless of the relationship between parents, the birth of a child out of such a relationship must be viewed independently of the relationship between the parents. There is no doubt that a child born from such a relationship is innocent and is entitled to all the rights and privileges accorded to a child born from a legally binding marriage. Section 16 of the Hindu Marriages Act of 1955 (amended) is based on this principle.

While noting that Section 16 of the Hindu Marriage Act of 1955 declares children of a void or voidable marriage to be legitimate but expressly states that they are only entitled to claim the property of their parents and not of any other relation, the Supreme Court ruled that such children shall be considered on an equal footing with the legitimate offspring of valid marriages without any discrimination and be entitled to all rights in the property. The only restriction is that such children are not permitted to request partition prior to their parents’ passing.

Practice area's of B K Goyal & Co LLP

Most read resources