All You need to know about the Hindu Marriage Act, 1955

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  • Last Updated on 14 March, 2023

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The Hindu Marriage Act, 1955 was intended to secure the rights of marriage for the Hindu bride and groom who are bound under the sacred bond of marriage under any ceremony. The law does not define the kind of ceremony since a man and a woman may carry out this religious act in several ways. This act was floated after several cases were seen where both man and woman were petrified or humiliated under a fraud case in the name of marriage. This act is binding to any person who is Hindu, Jain, Sikh, and Buddhist and is not a Muslim, Christian, Parsi, or Jew and is governed by some other law. This law is binding to any person who is Hindu by Birth or Hindu by Religion. There is a complete definition of Hindu under Section 2 of the Hindu Marriage Act.
 

Below are some Important Components to make you aware of Hindu Marriage Law: 

This law was enacted to avoid the various consequences which were prevalent  due to immature Hindu law for marriage under British Rule.

1. Section 5 of Hindu Marriage Act 1955: 

As per Section 5(ii) and (iii) of Hindu Marriage Act, 1955, the Hindu marriage is not so much of a religion and is more of a result of mutual consent.

2. Section 2 of Hindu Marriage Act 1955: 

 As per Section 2 of Hindu Marriage Act, 1955, marriage amongst Hindus in any form irrespective of caste or creed or amongst any person who is bound under Hindu Marriage Act, 1955 like Buddhists, Sikhs, Jains and so called Hindus is a Hindu Marriage.

3. Section 3 of Hindu Marriage Act 1955: 

 Section 3 of Hindu Marriage Act, 1955 revoked the prohibited degrees of relationships which was defined in Smritis and have defined certain new prohibited degree of relationships e.g. A person cannot marry his brother’s wife.  However, this provision shall not apply in case of divorcee and widow women.

4. Provisions Under Section 5 and Section 17 of Hindu Marriage Act: 

 Hindu Marriage Act, 1955 incorporated Monogamy and strictly prohibits a Hindu from getting involved in a marital relationship with more than one person. Bigamy and Polygamy,  if proved are strictly punishable under the Indian Penal Code as per provisions under Section 5 and Section 17 of the Hindu Marriage Act, 1955.
    • There are no restrictions imposed under the Hindu Marriage Act, 1955 in terms of caste and communities. Hence Inter-caste and inter-communal marriages are completely lawful under this act.
    • Hindu Marriage Act, 1955 removed any distinction under law of a marriage of a maiden and a widow and both are treated equally under this law.
    • Section 5 of the Hindu Marriage Act, 1955 makes a  marriage lawful only if the groom has attained the age of 21 years at the time of marriage and the bride has attained the age of 18 years at the time of marriage.
    • Section 5 defines various conditions when a marriage is considered valid under the Hindu Marriage Act, 1955.

5. Section 8 of the Hindu Marriage Act 1955: 

Section 8 of Hindu Marriage Act, 1955 have introduced the provision of registering the marriage under this Act.

6. Section 9 of Hindu Marriage Act: 

Section 9 of the Hindu Marriage Act, 1955 defined the restitution of conjugal rights of husband and wife, bound under this Act.

7. Section 15 of Hindu Marriage Act 1955: 

Section 15 of the Hindu Marriage Act, 1955 states that after a valid divorce either party is eligible to re-marry.

8. Section 6 of Hindu Marriage Act: 

 Section 16 of Hindu Marriage Act, 1955 defines the legitimacy of children born out the alliance and can be subsequently declared annulled or void or voidable.

9. Section 24 of Hindu Marriage Act 1955: 

Section 24 of the Hindu Marriage Act, 1955 defines the provision of maintenance pendent lite and for expenses of legal proceedings of a divorce.

10. Hindu Marriage Act Section 25: 

Section 25 of the Hindu Marriage Act, 1955 defines the complete provision of permanent alimony and maintenance for the alliances under this Act.

11. Section 26 of Hindu Marriage Act 1955: 

Section 26 of Hindu Marriage Act, 1955 defines the provisions for custody, maintenance, and education of minor children during and after legal proceedings of divorce

 

Dive Deeper:
Adultery and Divorce under Hindu Marriage Act

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