Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 (Act No. 25) amends and codifies the law of marriage among Hindus in India. It sets the legal framework for the solemnization, registration, and dissolution of Hindu marriages, protecting the rights and responsibilities of spouses.

Applicability: the Act applies to those recognised as Hindus by religion — including Virashaiva, Lingayat, Brahmo, Prarthana, and Arya Samaj followers — and extends to Buddhists, Jains, Sikhs, and certain persons domiciled in India who are not Muslims, Christians, Parsis, or Jews, unless exempted.

Key provisions:

• Conditions for marriage (Section 5): prerequisites for a valid marriage — no living spouse, mental capacity, minimum age (21 for males, 18 for females), and prohibited-relationship rules.
• Ceremonies (Section 7): marriage solemnized by customary rites, with the Saptapadi (seven steps) central to validity.
• Restitution of conjugal rights (Section 9): a remedy to restore cohabitation after unjust withdrawal.
• Judicial separation (Section 10): petition for separation on specified grounds.
• Divorce (Sections 13–13B): grounds for divorce, void and voidable marriages, and divorce by mutual consent.
• Maintenance and alimony (Sections 24–25): financial support during and after proceedings, including for children.

Enforcement falls to district courts with jurisdiction over marriage petitions and disputes.

Common use cases: marriage registration, divorce proceedings, maintenance claims, judicial separation, annulment of void or voidable marriages, and questions on legitimacy of children.

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This page is a research summary, not legal advice. For how the Act applies to a specific matter, consult a qualified advocate.