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THE
HINDU MARRIAGE ACT, 1955
( Page 1) |
(Act
No. 25 of 1955)
[18th May, 1955] |
| An
Act to amend and codify the law relating to marriage among Hindus |
| Be
it enacted by Parliament in the 6th year of the Republic of
India as follows:- |
| Preliminary
: |
| |
| 1.
Short title and extent:- |
| (i)
This Act may be called the Hindu Marriage Act, 1955. |
| (ii)
It extends to the whole of India except the State of Jammu and
Kashmir and applies also to Hindus domiciled in the territories
to which this Act extends who are outside the said territories. |
|
| 2.
Application of Act:- |
| (i)
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 the Brahmo, Prarthana or Arya Samaj. |
| (b)
to any person who is a Buddhist, Jain or Sikh by religion, and |
| (c)
to any other person domiciled in the territories to which this
Act extends who is not a Muslim, Christian, Parsi or Jew by
religion, unless it is proved that any such person would not
have been governed by the Hindu law or by any custom or usage
as part of that law in respect of any of the matters dealt with
therein if this Act had not been passed. |
| ue
of the provisions contained in this section. |
Explanation:- The
following person are Hindus, Buddhists, Jains or Sikhs by religion,
as the case
may be :- |
| (a)
any child, legitimate or illegitimate, both of whose parents
are Hindus, Buddhists, Jains or Sikhs by religion; |
| (b)
any child, legitimate or illegitimate, one of whose parents
is a Hindu, Buddhist, Jain or Sikh by religion and who is brought
up as a member of the tribe, community, group or family to which
such parent belongs or belonged; and |
| (c)
any person who is a convert or re-convert to the Hindu, Buddhist,
Jain or Sikh religion. |
| (ii)
Notwithstanding anything contained in sub-section (1), nothing
contained in this Act shall apply to the members of any Scheduled
Tribe within the meaning of clause (25) of article 366 of the
Constitution unless the Central Government, by notification
in the Official Gazette, otherwise directs. |
| (iii)
The expression “<Hindu” in
any portion of this Act shall be construed as if it included
a person who, though not a Hindu by religion, is, nevertheless,
a person to whom this Act applies by virt |
| |
| 3.
Definitions:- |
| In
this Act, unless the context otherwise requires :- |
| (a)
the expressions “custom”
and “usage” signify and
rule which, having been continuously and uniformly observed
for a longtime, has obtained the force of law among Hindus in
any local area, tribe, community, group or family: |
| Provided
that the rule is certain and not unreasonable or opposed to
public policy: and |
| Provided
further that in the case of a rule applicable only to a family
it has not been discontinued by the family |
| (b)
“district court” means,
in any area for which there is a city civil court, that court,
and in any other area the principal civil court of original
jurisdiction, and includes any other civil court which may be
specified by the State Government, by notification in the Official
Gazette, as having jurisdiction in respect of the matters dealt
with in this Act. |
| (c)
“full blood” and “half
blood” - two persons are said to be related to each
other by full blood when they are descended from a common ancestor
by the same wife and by half blood when they are descended from
a common ancestor but by different wives; |
| (d)
“uterine blood” - two person
are said to be related to each other by uterine blood when they
are descended from a common ancestress but by different husbands; |
| Explanation:-
In clauses (c) and (d),
“ancestor”
includes the father and “ancestress”
the mother; |
| (e)
“prescribed” means prescribed
by rules made under this Act; |
|
(f)
(i) “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 (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; |
| (f)
(ii) 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 a common
lineal ascendant who is within the limits of sapinda relationship
with reference to each of them; |
| (g)
“degrees of prohibited relationship”
- two persons are said to be within the “degrees
of prohibited relationship” - |
| (g)
(i) if one is a lineal ascendant of the other; or |
| (g)
(ii) if one was the wife or husband of a lineal ascendant or
descendant of the other; or |
| (g)
(iii) 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 |
| (g)
(iv) if the two are brother and sister, uncle and niece, aunt
and nephew, or children or brother and sister or of two brothers
or of two sisters. |
| Explanation:-
For the purpose of clauses (f) and (g) 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. |
| |
| 4.
Overriding 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 immediately before the
commencement of this Act shall cease to have effect with respect
to any matter for which provision is made in this Act; |
| (b)
any other law in force immediately before the commencement of
this Act shall cease to have effect in so far as it is inconsistent
with any of the provisions contained in this Act. |
| Hindu
Marriages : |
|
| 5.
Conditions 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 the marriage; |
| (ii)
at the time of the marriage, neither party - |
| (ii)
(a) is incapable of giving a valid consent to it in consequence
of unsoundness of mind; or |
| (ii)
(b) though capable of giving a valid consent, has been suffering
from mental disorder of such a kind or to such an extent as
to be unfit for marriage and the procreation of children; or |
| (ii)
(c) has been subject to recurrent attacks of insanity or epilepsy; |
| (iii)
the bridegroom has completed the age of twenty-one years and
the bride the age of eighteen years at the time of the marriage; |
| (iv)
the parties are not within the degrees of prohibited relationship,
unless the custom or usage governing each of them permits of
a marriage between the two; |
| (v)
the parties are not sapindas of each other, unless the custom
or usage governing each of them permits of a marriage between
the two. |
| (vi)
[XXXX] Omitted. |
| |
| 6.
Omitted. |
| |
| 7.
Ceremonies for a Hindu marriage:- |
| (i)
A Hindu marriage may be solemnized in accordance with the customary
rites and ceremonies of either party thereto. |
| (ii)
Where such rites and 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. |
| |
| 8.
Registration of Hindu marriages:- |
| (i)
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 have the particulars relating to their
marriage entered in such manner and subject to such conditions
as may be prescribed in a Hindu Marriage Register kept for the
purpose. |
| (ii)
Notwithstanding anything contained in sub-section (1), the State
Government may, if it is of opinion that it is necessary or
expedient to do so, provided that the entering of the particulars
referred to in sub-section (1) shall be compulsory in the State
or in any part thereof, whether in all cases or in such cases
as may be specified, and where any such direction has been issued,
any person contravening any rule made in this behalf shall be
punishable with fine which may extend to twenty-five rupees. |
| (iii)
All rules made under this section shall be laid before the State
Legislature, as soon as may be, after they are made. |
| (iv)
The Hindu Marriage Register shall at all reasonable times be
open for inspection, and shall be admissible as evidence of
the statements therein contained and certified extracts there
from
shall, on application, be given by the Registrar or payment
to him of the prescribed fee. |
| (v)
Notwithstanding anything contained in this section, the validity
of any Hindu marriage shall in no way be affected by the omission
to make the entry. |
| Restitution
of Conjugal Rights and Judicial Separation : |
| |
| 9.
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 and the court, on being satisfied of the
truth of the statements made in such petition and that there
is no legal ground why the application should not be granted,
may decree restitution of conjugal rights accordingly. |
| Explanation:- Where
a question arises whether there has been reasonable excuse for
withdrawal from the society, the burden of proving reasonable
excuse shall be on the person who has withdrawn from the society. |
| |
| 10.
Judicial separation:- |
| (i)
Either party to a marriage, where solemnized before or after
the commencement of this Act, may present a petition praying
for a decree for judicial separation on any of the grounds specified
in sub-section (1) of section 13, and in the case of a wife
also on any of the grounds specified in sub-section (2) thereof,
as grounds on which a petition for divorce might have been presented. |
| (ii)
Where a decree for judicial separation has been passed, it shall
no longer be obligatory for the petitioner to cohabit with the
respondent, but the court may, on the application by petition
of either party and on being satisfied of the truth of the statements
made in such petition, rescind the decree if it considers it
just and reasonable to do so. |
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