Hindu Marriage Act, 1955
Section-wise guide to the law governing Hindu marriage, judicial separation, divorce, mutual consent divorce, maintenance, child custody, jurisdiction, procedure and appeals.
About the Hindu Marriage Act, 1955
The Hindu Marriage Act, 1955 was enacted to amend and codify the law relating to marriage among Hindus. Subject to the detailed application provisions in Section 2, it applies to Hindus in their various forms and developments and also to Buddhists, Jains and Sikhs. The Act regulates essential conditions and ceremonies of Hindu marriage and provides remedies concerning restitution of conjugal rights, judicial separation, nullity, divorce, maintenance, custody, property, appeals and enforcement.
Preliminary - Sections 1 to 4
- Section 1 - Short title and extent The Act is called the Hindu Marriage Act, 1955 and extends to the whole of India.
- Section 2 - Application of the Act Persons and communities to whom the Act applies.
- Section 3 - Definitions Important statutory definitions used in the Act.
- Section 4 - Overriding effect of the Act Effect of the codified Act on pre-existing Hindu law, custom and usage.
Hindu Marriages - Sections 5 to 8
- Section 5 - Conditions for a Hindu marriage Conditions concerning existing spouse, capacity to consent, age and prohibited relationships.
- Section 6 - Omitted Section 6 no longer contains an operative provision in the central Act.
- Section 7 - Ceremonies for a Hindu marriage Recognition of customary rites and ceremonies, including saptapadi where applicable.
- Section 8 - Registration of Hindu marriages Provision for State rules concerning registration of Hindu marriages.
Restitution of Conjugal Rights and Judicial Separation - Sections 9 and 10
- Section 9 - Restitution of conjugal rights Remedy where one spouse has withdrawn from the society of the other without reasonable excuse.
- Section 10 - Judicial separation Judicial separation and its legal effect on the obligation to cohabit.
Nullity of Marriage and Divorce - Sections 11 to 18
- Section 11 - Void marriages
- Section 12 - Voidable marriages
- Section 13 - Divorce Statutory grounds on which a decree of divorce may be sought.
- Section 13A - Alternate relief in divorce proceedings
- Section 13B - Divorce by mutual consent Joint petition procedure for dissolution of marriage by mutual consent, subject to statutory requirements.
- Section 14 - No petition for divorce within one year of marriage
- Section 15 - When divorced persons may marry again
- Section 16 - Legitimacy of children of void and voidable marriages
- Section 17 - Punishment of bigamy
- Section 18 - Punishment for contravention of certain other conditions
Jurisdiction and Procedure - Sections 19 to 29
- Section 19 - Court to which petition shall be presented
- Section 20 - Contents and verification of petitions
- Section 21 - Application of the Code of Civil Procedure, 1908
- Section 21A - Power to transfer petitions in certain cases
- Section 21B - Special provision relating to trial and disposal of petitions
- Section 21C - Documentary evidence
- Section 22 - Proceedings to be in camera and restrictions on publication
- Section 23 - Decree in proceedings
- Section 23A - Relief for respondent in divorce and other proceedings
- Section 24 - Maintenance pendente lite and expenses of proceedings
- Section 25 - Permanent alimony and maintenance
- Section 26 - Custody of children
- Section 27 - Disposal of property
- Section 28 - Appeals from decrees and orders
- Section 28A - Enforcement of decrees and orders
- Section 29 - Savings
Important current-law points
Territorial extent: the Act now extends to the whole of India. The earlier exclusion of Jammu and Kashmir is no longer part of Section 1.
Section 6: Section 6 stands omitted in the central Act. Section 7 governs ceremonies for Hindu marriage.
Leprosy as a divorce ground: the former reference to leprosy as a ground for divorce was removed by the Personal Laws (Amendment) Act, 2019. Users should therefore rely on the current text of Section 13 rather than older reproductions of the Act.
State amendments: certain States may have amendments or rules affecting particular provisions. For an actual proceeding, always verify the law applicable in the relevant State and the latest judicial interpretation.
This page is intended as a structured legal reference. For filing or litigation, consult the current statutory text, applicable State amendments, Family Court rules and binding judicial decisions.