SectionsParticulars
Preliminary
1Short title and extent
(1) This Act may be called the Hindu Marriage Act, 1955.(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindu...
2Application of Act
(1) This Act applies-(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of th...
3Definitions
In this Act, unless the context otherwise requires,-(a) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly ob...
4Over-riding effect of Act
Save as otherwise expressly provided in this Act,-(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immedia...
Hindu Marriages
5Conditions for a Hindu marriage
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-(i) neither party has a spouse living at the time of t...
6Guardianship in marriage
(1) Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent shall be the following ...
7Ceremonies for a Hindu marriage
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.(2) Where such rites and ceremonies inclu...
8Registration of Hindu marriages
(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may hav...
Restitution Of Conjugal Rights And Judicial Separation
9Restitution of conjugal rights
(1) When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition t...
10Judicial separation
(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition to the district court praying for a d...
Nullity Of Marriage And Divorce
11Void marriages
Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, be so declared by...
12Voidable marriages
(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the...
13Divorce
(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolv...
14No petition for divorce to be presented within three years of marriage
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decr...
15Divorced persons when may marry again
When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, t...
16Legitimacy of children of void and voidable, marriages
Where a decree of nullity is granted in respect of any marriage under section 11 or section 12, any child begotten or conceived before the decree is made who...
17Punishment of bigamy
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 livi...
18Punishment for contravention of certain other conditions for a Hindu marriage
Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv...
Jurisdiction And Procedure
19Court to which petition should be made
Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was...
20Contents and verification of petitions
(1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded and...
21Application of Act 5 of 1908
Subject to the other provisions contained in this Act and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be re...
22Proceedings may be in camera and may not be printed or published
(1) a proceeding under this Act shall be conducted in camera if either party so desires or if the court so thinks fit to do, and it shall not be lawful for a...
23Decree in proceedings
(1) In any proceeding under this Act, whether defended or not, if the court is satisfied that-(a) any of the grounds for granting relief exists and the petit...
24Maintenance pendente lite and expenses of proceedings
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient ...
25Permanent alimony and maintenance
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for ...
26Custody of children
In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and p...
27Disposal of property Enforcement of, and appeal from, decrees and orders
In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or ...
28Enforcement of, and appeal from, decrees and orders
All decrees and orders made by the court in any proceeding under this Act shall be enforced in like manner as the decrees and orders of the court made in the...
Savings And Repeals
29Savings
(1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or even to have bee...
30Repeals
The Hindu Marriage Disabilities Removal Act, 1946 (28 of 1946), the Hindu Marriages Validity Act, 1949 (21 of 1949), the Bombay Prevention of Hindu Bigamous ...
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