THE HINDU MARRIAGE ACT, 1955 —

SECTION 1 – SHORT TITLE & EXTENT

• Name: Hindu Marriage Act, 1955

• Applies to whole of India (except J&K before 2019).

• Applies to Hindus, Buddhists, Jains, Sikhs.

Relevant Case Law

• Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988)
  Established who qualifies as a “Hindu” under the Act.

SECTION 2 – APPLICATION OF THE ACT

Applies to:

• Hindus (including Sikhs, Jains, Buddhists)

• Anyone who is NOT Muslim/Christian/Parsi/Jew

• Persons born to Hindu parents

• Anyone converted to Hinduism

SECTION 3 – DEFINITIONS

Defines:

• Custom

• Sapindas

• Degrees of prohibited relationship

• Full blood/half blood/uterine blood

Case Law:

• Baluswami Reddiar v. Balakrishna Reddiar (1958)
  Explained “custom” must be ancient, certain, and reasonable.

SECTION 4 – OVERRIDING EFFECT

If any old Hindu law/custom conflicts with this Act ⇒ this Act prevails.

Case:

• Krishna v. State (1996) — Act overrides inconsistent customs.

SECTION 5 – CONDITIONS FOR A VALID HINDU MARRIAGE

A Hindu marriage is valid only if:

1. Monogamy (neither has a living spouse)

2. Sound mind

3. Age: Male 21+, Female 18+

4. Not within prohibited degree

5. Not sapinda relationship unless custom allows

Famous Case:

• Sarla Mudgal v. Union of India (1995)
  Held – Second marriage during lifetime of spouse = Void.

SECTION 6 – GUARDIAN FOR THE BRIDE (REPEALED)

Earlier guardian consent was needed. Now removed.

SECTION 7 – CEREMONIES OF HINDU MARRIAGE

Marriage valid if:

• Performed according to customary rites

• Saptapadi (7 steps) = marriage completed on the 7th step

Case:

• Priya Bala Ghosh v. Suresh Chandra Ghosh (1971)
  Proof of essential ceremonies is necessary to prove marriage.

SECTION 8 – REGISTRATION OF HINDU MARRIAGE

Registration is optional but strong evidence of marriage.

Case:

• Seema v. Ashwani Kumar (2006)
  Supreme Court recommended compulsory registration.

SECTION 9 – RESTITUTION OF CONJUGAL RIGHTS

If spouse withdraws without reasonable cause ⇒ other spouse may seek court order to resume cohabitation.

Case:

• Saroj Rani v. Sudarshan Kumar Chadha (1984)
  Section 9 held constitutional.

SECTION 10 – JUDICIAL SEPARATION

Court separation > parties stop living together but marriage continues.

Grounds same as divorce.

SECTION 11 – VOID MARRIAGES

Marriage is automatically invalid if:

• Bigamy

• Prohibited relationship

• Sapinda marriage

Case:

• Lily Thomas v. Union of India (2000) — Bigamous marriages void.

SECTION 12 – VOIDABLE MARRIAGES

Can be cancelled if:

• Impotency

• Mental disorder

• Consent obtained by force/fraud

• Pregnancy by another man before marriage

Case:

• Annullment allowed in B v. A (2006) for concealment of mental illness.

SECTION 13 – DIVORCE

Major grounds:

• Adultery

• Cruelty

• Desertion (2 years)

• Conversion

• Unsound mind

• Venereal disease

• Renunciation of world

• Not heard alive 7 years

Additional ground for wife:

• Husband guilty of rape/sodomy/bestiality

• Husband marries again before 1955 Act

Key Case Laws:

1. Naveen Kohli v. Neelu Kohli (2006) – Cruelty includes mental cruelty.

2. V. Bhagat v. D. Bhagat (1994) – Explained mental cruelty.

3. Ravi Kumar v. Julmidevi (2010) – Desertion explained.

SECTION 13-A — ALTERNATIVE RELIEF IN DIVORCE PROCEEDINGS

1. What Section 13-A Says (Plain English)
If a spouse applies for divorce,
but the court feels that divorce is too harsh or not fully justified,
the court may still grant judicial separation as an alternative relief.

2. Why Section 13-A Was Introduced
The legislature realized that sometimes the relationship is strained but not fully broken.
giving spouses time to rethink
preventing hardship caused by outright dismissal
providing flexibility to courts

3. Key Features of Section 13-A
(A) Court can grant judicial separation even without a separate application
(B) Court must be satisfied that some grounds for divorce exist, but not necessarily fully proved
(C) Alternative relief is discretionary
(D) Useful in borderline cases

4. Important Case Laws on Section 13-A

1. Chetan Dass v. Kamla Devi (2001) 4 SCC 250
The Supreme Court held that courts must attempt reconciliation in matrimonial disputes before granting divorce.
Section 13-A gives the court the power to grant judicial separation when divorce is too harsh.
It reaffirms the idea behind Section 13-A — courts should not hastily dissolve marriages.

2. Anjana Kumari v. Gopesh Kumar (2000 Delhi HC)
The court held that when the husband files for divorce but fails to prove grounds fully, the court may still grant judicial separation under Section 13-A.

3. Ram Kali v. Gopal Dass (1971 SCR (2) 924)

4. Suman Singh v. Sanjay Singh (2001 All HC)
The court said that even when the divorce petition fails, if cruelty or incompatibility is partly established, a decree of judicial separation can be granted.

5. Jagdish Singh v. Seema (MP HC, 2014)
The court granted judicial separation under Section 13-A because the evidence showed the marriage was strained but not completely broken.

5. Difference Between Divorce and Judicial Separation

6. When Courts Commonly Use Section 13-A
desertion cannot be proved clearly
mutual allegations but no clear evidence
marriage is strained but not irretrievable
reconciliation may still be possible

Final Summary
Instead of outright granting or denying divorce, courts may choose judicial separation to:

• protect the institution of marriage,

• avoid irrational dissolution,

• give spouses time for reconciliation.

Latest case laws on Hindu Marriage Act

SECTION 13B – DIVORCE BY MUTUAL CONSENT

Conditions:

• Husband & wife living separately for 1 year

• Mutual agreement to dissolve marriage

• Two motions required (filing + final motion)

Case:

• Amardeep Singh v. Harveen Kaur (2017)
  Six-month waiting period can be waived.

SECTION 14 – NO PETITION FOR DIVORCE WITHIN 1 YEAR

Except in cases of exceptional hardship.

SECTION 15 – WHEN DIVORCE CAN BE GRANTED

Parties free to remarry after appeal period ends.

SECTION 16 – LEGITIMACY OF CHILDREN OF VOID & VOIDABLE MARRIAGE

Children of void/voidable marriage are legitimate, but inherit only parents’ property.

Case:

• Revanasiddappa v. Mallikarjun (2011).

SECTION 17 – PUNISHMENT OF BIGAMY

Second marriage during lifetime of spouse = void + criminal offence (IPC 494/495).

Case:

• Sarla Mudgal (1995) again important.

SECTION 18 – PENALTY FOR CONTRAVENING CONDITIONS OF MARRIAGE

Punishment for:

• Child marriage

• Prohibited degree marriage

• Bigamy (covered under Sec 17)

SECTION 19 – COURT JURISDICTION FOR MATRIMONIAL CASES

You can file case where:

• Marriage solemnized

• Husband & wife last lived

• Wife resides (special protection)

Case:

• Ruchi Majoo v. Sanjay Majoo (2011)
  Explained jurisdiction.

SECTION 20 – CONTENTS & VERIFICATION OF PETITION

Petition must contain:

• Detailed facts

• Dates

• Certify truth of statements

SECTION 21 – PROCEDURE

Civil court procedure for matrimonial cases.

SECTION 21A – TRANSFER OF PETITIONS

If both spouses file petitions in different courts ⇒ can be transferred & tried together.

SECTION 22 – PROCEEDINGS TO BE IN CAMERA

Divorce cases conducted privately.

SECTION 23 – DECREE IN MATRIMONIAL PROCEEDINGS

Court ensures:

• No collusion

• No unnecessary delay

• All conditions satisfied

SECTION 23A – RELIEF IN DIVORCE & SEPARATION PROCEEDINGS

Respondent may also seek relief.

SECTION 24 – MAINTENANCE PENDENTE LITE

Maintenance during case + litigation expenses.

Case:

• Jagdish Jugtawat v. Manju Lata (2002)
  Daughter entitled till marriage.

SECTION 25 – PERMANENT ALIMONY & MAINTENANCE

Court may grant:

• Monthly/one-time payment

• Consider income, property, conduct

Case:

• Shailja v. Khobbanna (2018) – Earning capacity ≠ actual income.

SECTION 26 – CUSTODY OF CHILDREN

Court decides child custody based on “welfare of child”.

Case:

• Gaurav Nagpal v. Sumedha Nagpal (2009).

SECTION 27 – DISPOSAL OF PROPERTY

Court can divide jointly owned property of spouses.

SECTION 28 – APPEAL

Appeal allowed within 90 days.

SECTION 29 – SAVINGS

Preserves certain customs & prior marriages.

SECTION 30 – REPEALS

Repeals old Hindu marriage laws.

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