THE HINDU MARRIAGE ACT, 1955

What is the official name of the legislation?

The Hindu Marriage Act, 1955

What is the specific Act number?

Act No. 25 of 1955

What is the date of enactment?

18th May, 1955

What is the act's legal purpose?

To amend and codify law relating to Hindu marriage

In which year of the Republic was it enacted?

The Sixth Year

Which authority enacted the law?

The Parliament of India

PRELIMINARY

What is the specific section covering the ‘short title and extent’?

Section 1

Under what condition does the Act follow a person abroad?

If the person is a Hindu domiciled in India

What is the extent of the Hindu Marriage Act, 1955?

It extends to the whole of India.

Under which section is the extent of the Act provided?

Section 1(2).

Does the Hindu Marriage Act apply only within India?

No, it also applies to Hindus domiciled in India who are outside the territories.

Does the Act apply to Hindus domiciled in India but residing abroad?

Yes, it applies to Hindus domiciled in the territories even if they are currently outside them.

Which specific section deal with ‘Application of Act’?

Section 2

To whom does the Hindu Marriage Act primarily apply?

Hindus, Buddhists, Jainas, Sikhs, and certain others domiciled in India.

Does the Act apply to a person who is a Hindu by religion?

Yes, in any of its forms or developments.

Does the Hindu Marriage Act apply to Virashaivas?

Yes, they are included under Section 2(1)(a).

Does the Hindu Marriage Act apply to Lingayats?

Yes, they are included under Section 2(1)(a).

Does it apply to Brahmo, Prarthana, or Arya Samaj followers?

Yes, all are included under Section 2(1)(a).

Does the Hindu Marriage Act apply to Buddhists, Jainas, and Sikhs?

Yes, under Section 2(1)(b).

Does the Act apply to those who are not Muslims, Christians, Parsis, or Jews?

Yes, if domiciled in India and not otherwise governed by another law.

What is the condition for applying the Act under Section 2(1)(c)?

Domicile in India and not being a Muslim, Christian, Parsi, or Jew.

Can a non-Hindu by religion be governed by this Act?

Yes, if the statutory conditions of Section 2(1)(c) are met.

Who bears the burden to prove non-applicability of Hindu law?

The person claiming exclusion from the Act.

Are all children of Hindu/Buddhist/Jaina/Sikh parents covered?

Yes, both legitimate and illegitimate.

Does the Act apply if only one parent belongs to these religions?

Yes, if the child is brought up as a member of that parent's group/family.

Does the Act apply to converts or re-converts?

Yes, they are expressly included under the Explanation.

Does the Act apply to Scheduled Tribes automatically?

No, they are generally excluded under Section 2(2).

How can the Act be made applicable to Scheduled Tribes?

By a Central Government notification in the Official Gazette.

What constitutional provision defines Scheduled Tribes here?

Article 366(25) of the Constitution of India.

Does Section 2(2) override Section 2(1)?

Yes, it contains a non obstante clause regarding Scheduled Tribes.

How is the expression "Hindu" construed in the Act?

It includes any person to whom the Act applies, even if not Hindu by religion.

What is the effect of Section 2(3)?

It provides a wider statutory definition of "Hindu" for the Act's purposes.

What is the essence of Section 2(2)?

Scheduled Tribes are exempt unless the government specifically notifies otherwise

Which specific section deal with ‘Definitions’?

Section 3

Which section of the Act defines "custom" and "usage"?

Section 3(a)

What do the expressions "custom" and "usage" signify?

Any rule continuously and uniformly observed for a long time

What legal status must a custom or usage achieve?

It must have obtained the force of law

Among whom can a custom or usage be recognized?

Any local area, tribe, community, group or family

What is the first essential requirement for a valid custom?

The rule must be certain

What social standard must a custom not violate?

It must not be unreasonable or opposed to public policy

What is the specific condition for a family-specific custom?

It must not have been discontinued by the family

Which sub-section defines the term "district court"?

Section 3(b)

What does "district court" mean in areas where a city civil court exists?

The city civil court

What is a district court in areas without a city civil court?

The principal civil court of original jurisdiction

Who can specify additional civil courts to have jurisdiction?

The State Government

How does the State Government notify the inclusion of other courts?

By notification in the Official Gazette

For what matters must the specified court have jurisdiction?

Matters dealt with in The Hindu Marriage Act

Which section defines "full blood" and "half blood"?

Section 3(c)

When are two persons related by full blood?

When descended from a common ancestor by the same wife

When are two persons related by half blood?

When descended from a common ancestor but by different wives

What is the primary difference between full blood and half blood?

Whether the common ancestor had the same wife or different wives

In the context of full/half blood, who is the common link?

A common ancestor (the father)

Which sub-section defines "uterine blood"?

Section 3(d)

When are two persons related by uterine blood?

When descended from a common ancestress but by different husbands

What is the defining common link for uterine blood?

A common ancestress

Who is specifically included in the term "ancestress"?

The mother

Who is specifically included in the term "ancestor"?

The father

In which clauses does the explanation for "ancestor" and "ancestress" apply?

Clauses (c) and (d) of Section 3

Which sub-section defines the word "prescribed"?

Section 3(e)

What does the term "prescribed" mean under this Act?

It means prescribed by rules made under this Act

Which sub-section defines "sapinda relationship"?

Section 3(f)

How far does sapinda relationship extend through the mother's line?

Up to the third generation (inclusive)

How far does sapinda relationship extend through the father's line?

Up to the fifth generation (inclusive)

In what direction is the sapinda line traced?

Upwards in the line of ascent

Who is counted as the first generation when tracing sapinda?

The person concerned

When is a lineal ascendant considered a "sapinda"?

When they fall within the limits of the relationship (3rd or 5th generation)

When are two people "sapindas" through a common link?

If they share a common lineal ascendant within their respective sapinda limits

Which clause defines the "degrees of prohibited relationship"?

Section 3(g)

Are lineal ascendants (e.g., parents/grandparents) within prohibited degrees?

Yes, one being a lineal ascendant of the other is prohibited

Is a marriage with a spouse of a lineal descendant prohibited?

Yes, one who was the wife/husband of a descendant is prohibited

Is marriage with a brother's wife or an uncle's wife prohibited?

Yes, wives of brothers, uncles, or grand-uncles are prohibited

Are siblings (brother and sister) within prohibited degrees?

Yes, they are specifically prohibited

Are first cousins (children of siblings) within prohibited degrees?

Yes, children of brother/sister, two brothers, or two sisters are prohibited

Does prohibited relationship include half or uterine blood?

Yes, it includes half, uterine, and full blood

Does the law distinguish between legitimate and illegitimate blood?

No, both illegitimate and legitimate relationships are included

Are adopted relatives covered under prohibited degrees?

Yes, relationship by adoption is treated the same as blood

Which section defines the overriding effect of the Act?

Section 4

What happens to old Hindu law texts or interpretations after this Act?

They cease to have effect on matters provided for in this Act

What is the status of customs or usage that conflict with this Act?

They cease to have effect unless expressly saved by the Act

When did the old laws and customs lose their effect?

Immediately before the commencement of this Act

What happens to other existing laws inconsistent with this Act?

They cease to have effect to the extent of the inconsistency

What phrase allows certain provisions to remain despite the overriding effect?

"Save as otherwise expressly provided in this Act"

HINDU MARRIAGES

Which section defines the ‘Conditions for a Hindu marriage’?

Section 5

Can a Hindu marriage be solemnized if either party has a living spouse?

No, neither party should have a spouse living at the time of marriage.

What is the first condition under Section 5(i) HMA?

Neither party must have a spouse living at the time of marriage.

What is the requirement regarding consent under Section 5(ii)(a) HMA?

Neither party should be incapable of giving valid consent due to unsoundness of mind.

What does Section 5(ii)(a) HMA prohibit?

Marriage where a party cannot give valid consent because of unsoundness of mind.

What does Section 5(ii)(b) HMA provide?

A party must not suffer from a mental disorder rendering them unfit for marriage/procreation.

What kind of mental disorder is relevant under Section 5(ii)(b) HMA?

One that renders a person unfit for marriage and the procreation of children.

What does Section 5(ii)(c) HMA state?

Neither party should have been subject to recurrent attacks of insanity.

What is the minimum age of the bridegroom under Section 5(iii) HMA?

The bridegroom must have completed 21 years of age.

What is the minimum age of the bride under Section 5(iii) HMA?

The bride must have completed 18 years of age.

Can a Hindu marriage be solemnized if parties are within prohibited relationship?

No, unless a custom or usage governing each of them permits it.

What does Section 5(iv) HMA deal with?

It deals with the bar on marriage within degrees of prohibited relationship.

What is the exception to prohibited relationship under Section 5(iv) HMA?

A valid custom or usage permitting such a marriage.

Can sapindas marry under Section 5(v) HMA?

No, unless a custom or usage governing each of them permits it.

What does Section 5(v) HMA prohibit?

It prohibits marriage between sapindas unless permitted by custom.

What is the exception to the sapinda prohibition under Section 5(v) HMA?

Custom or usage permitting such a marriage.

Is monogamy a condition of valid Hindu marriage under Section 5 HMA?

Yes, monogamy is a mandatory condition under Section 5(i).

Is soundness of mind relevant for a valid Hindu marriage under Section 5?

Yes, capacity to consent and mental fitness are essential conditions.

Is age a mandatory condition under Section 5 HMA?

Yes, 21 years for the groom and 18 years for the bride.

Are prohibited and sapinda relationships absolute bars under Section 5?

No, they are both subject to exceptions based on valid custom or usage.

Which section deals with ‘Guardianship in marriage’?

Section 6

What is the status of Guardianship in marriage under the Act?

It was omitted by the Child Marriage Restraint (Amendment) Act, 1978.

When did the omission of this section take effect?

It has been omitted since October 1, 1978.

Which section deals with ‘Ceremonies for a Hindu marriage’?

Section 7

How may a Hindu marriage be solemnized under Section 7(1)?

According to the customary rites and ceremonies of either party.

Is performance of customary rites necessary for a valid marriage?

Yes, it must be solemnized in accordance with those rites.

Whose customary rites and ceremonies govern the marriage?

The customary rites and ceremonies of either party.

Is there a uniform ceremony prescribed for all Hindu marriages?

No, Section 7 recognizes diverse customary rites and ceremonies.

What is Saptapadi under Section 7(2) HMA?

The taking of seven steps jointly by the bridegroom and bride before the sacred fire.

When does Section 7(2) apply?

When the customary rites and ceremonies include Saptapadi.

When does a marriage become complete where Saptapadi is used?

It becomes complete and binding when the seventh step is taken.

At what exact stage is the marriage completed under Saptapadi?

Upon taking the seventh step before the sacred fire.

Is Saptapadi mandatory in every Hindu marriage?

No, only if the customary rites of the parties include it.

What is the legal effect of the seventh step in Saptapadi?

The marriage becomes legally complete and binding.

Can a Hindu marriage be valid without Saptapadi?

Yes, if the applicable customary rites do not require it.

Does Section 7 make custom relevant for solemnization?

Yes, validity depends on the customary rites of either party.

Is proof of ceremonies important in legal disputes?

Yes, proof of essential customary ceremonies is crucial for validity.

What is the essence of Section 7 HMA?

A marriage is valid only when solemnized via recognized customary rites.

Which section deals with ‘Registration of Hindu marriages’?

Section 8

What is the object of registration under Section 8(1) HMA?

To facilitate the proof of Hindu marriages.

Who is empowered to make rules for registration under Section 8(1)?

The State Government is empowered to make such rules.

What may the State Government provide under Section 8(1) HMA?

Entry of marriage particulars in a Hindu Marriage Register.

Where are marriage particulars entered under Section 8(1)?

In a Hindu Marriage Register kept specifically for that purpose.

Is registration always compulsory under Section 8(1)?

No, it is generally enabling and facilitative under this subsection.

Can the State Government make registration compulsory?

Yes, under Section 8(2) if deemed necessary or expedient.

Can compulsory registration apply to only part of a State?

Yes, it may apply to the whole State or any part thereof.

Can compulsory registration apply only to specified cases?

Yes, it may apply to all cases or only specified cases as provided.

What is the penalty for violating compulsory registration rules?

A fine which may extend to twenty-five rupees.

What must be done with rules made under Section 8(3)?

They must be laid before the State Legislature as soon as possible.

What is the evidentiary status of the Hindu Marriage Register?

It is admissible as evidence of the statements contained within it.

Is the Hindu Marriage Register open for inspection?

Yes, it is open for inspection at all reasonable times.

Can certified extracts from the Register be obtained?

Yes, upon application and payment of the prescribed fee.

Who issues certified extracts from the Hindu Marriage Register?

The Registrar issues the certified extracts.

Does non-registration invalidate a marriage under Section 8(5)?

No, omission to register does not affect the validity of the marriage.

What is the effect of failing to make an entry in the register?

It has no effect on the legal validity of the Hindu marriage.

Is registration a proof of marriage or a condition of validity?

It is primarily a mode of proof, not a condition for validity.

What is the main purpose of Section 8 HMA?

To facilitate proof of marriage without making registration essential.

Can an unregistered Hindu marriage still be valid?

Yes, if validly solemnized, non-registration does not invalidate it.

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

Which section deals with ‘Restitution of conjugal right’?

Section 9

When can a petition under Section 9 HMA be filed?

When either spouse withdraws from the other's society without reasonable excuse.

Who can file a petition for restitution of conjugal rights?

The aggrieved husband or wife.

Against whom can a petition under Section 9 be filed?

The spouse who has withdrawn from the society of the other.

What is the essential condition for invoking Section 9?

Withdrawal from marital society without a reasonable excuse.

Before which court is a petition under Section 9 filed?

The District Court.

What must the court be satisfied about before granting relief?

The truth of the statements and the absence of any legal bar.

What additional satisfaction is required for a decree?

That there is no legal ground why the application should not be granted.

What decree may the court pass under Section 9 HMA?

A decree for restitution of conjugal rights.

Is the grant of a decree under Section 9 automatic?

No, the court must be satisfied of the facts and legal compliance.

What is meant by “withdrawn from the society”?

Withdrawal from cohabitation or marital companionship without justification.

What is the object of Section 9 HMA?

To restore cohabitation and consortium between the spouses.

Who bears the burden of proving a reasonable excuse?

The spouse who has withdrawn from the society of the other.

What does the Explanation to Section 9 clarify?

That the withdrawing spouse must prove their excuse for leaving was reasonable.

If a reasonable excuse is proved, can restitution be granted?

No, the petition for restitution will be denied.

Can both husband and wife seek relief under Section 9?

Yes, the remedy is available to either spouse.

Is Section 9 based on fault or simple withdrawal?

It is based on the act of unjustified withdrawal from marital society.

What is the key defense to a petition under Section 9?

Proving a reasonable excuse for the withdrawal.

What is the legal nature of relief under Section 9?

It is a matrimonial remedy for the restoration of cohabitation.

What is the essence of Section 9 in one line?

An aggrieved spouse may seek a decree to restore cohabitation if the other leaves without cause.

T. Sareetha v. T. Venkata Subbaiah (A.P. High Court, 1983)

Section 9 was held unconstitutional for violating privacy and human dignity (this view was later rejected).

Harvinder Kaur v. Harmander Singh (Delhi High Court, 1984)

Section 9 was upheld as constitutionally valid, aimed at preserving the institution of marriage.

Saroj Rani v. Sudarshan Kumar Chadha (1984) SC

The Supreme Court affirmed the constitutional validity of Section 9, calling it a social remedy for marriage preservation.

Which section deals with ‘Judicial separation’?

Section 10

Who may present a petition for judicial separation under Section 10(1) HMA?

Either party to the marriage (husband or wife).

Does Section 10 apply to marriages solemnized before the Act?

Yes, it applies to marriages solemnized before or after the Act.

On what grounds can judicial separation be sought?

On any ground specified in Section 13(1).

Can a wife seek judicial separation on additional grounds?

Yes, on the special grounds specified in Section 13(2).

Are the grounds for judicial separation the same as for divorce?

Yes, they are identical to the grounds for divorce.

Is Section 10 available equally to husband and wife?

Yes, though the wife has the additional grounds under 13(2).

What is the effect of a decree for judicial separation?

It is no longer obligatory for the petitioner to cohabit with the respondent.

Does a decree for judicial separation dissolve the marriage?

No, the marriage subsists but cohabitation is suspended.

What happens to the marital status after judicial separation?

The marriage remains legally intact, but the duty to live together is paused.

Is cohabitation compulsory after a decree of judicial separation?

No, the legal obligation to cohabit is removed.

Can a decree for judicial separation be rescinded?

Yes, the court may rescind it on a petition by either party.

Who may apply for rescission of a decree under Section 10(2)?

Either party to the marriage.

What must the court be satisfied of before rescinding the decree?

The truth of the petition's statements and that it is just and reasonable.

What additional condition is required for rescission?

The court must find it just and reasonable to do so.

What is the object of judicial separation under Section 10?

To allow spouses to live apart without permanently ending the marriage.

Is judicial separation a matrimonial relief short of divorce?

Yes, it is a lesser relief than the total dissolution of marriage.

What is the legal consequence of judicial separation in one line?

It suspends cohabitation while keeping the marital bond alive.

Can failure to resume cohabitation later become relevant?

Yes, it can become a ground for divorce under Section 13(1A).

What is the essence of Section 10 HMA?

Spouses can separate on divorce grounds without severing the marital tie.

What is the difference between judicial separation and divorce?

Judicial separation suspends cohabitation but preserves marriage, whereas divorce dissolves the marriage.

NULLITY OF MARRIAGE AND DIVORCE

Which section deals with ‘Void marriages’?

Section 11

When does a marriage become null and void?

When it contravenes conditions (i), (iv), or (v) of Section 5.

How is a void marriage legally settled?

It is declared so by a decree of nullity upon a petition by either party.

Which specific violations lead to a void marriage?

Having a living spouse, falling within prohibited degrees, or being Sapindas.

To marriages of which period does this section apply?

Any marriage solemnised after the commencement of this Act.

Which section deals with ‘Voidable marriages’?

Section 12

When can a marriage be annulled under Section 12(1)(a)?

If the marriage has not been consummated due to the impotence of the respondent.

When is a marriage voidable under Section 12(1)(b)?

If it contravenes Section 5(ii) (unsoundness of mind or mental disorder).

When can consent make a marriage voidable under Section 12(1)(c)?

If consent was obtained by force or fraud regarding the ceremony or material facts.

When is pregnancy by another person a ground under Section 12(1)(d)?

If the respondent was pregnant by someone else at the time of the marriage.

What is the limitation for filing a petition for force or fraud?

Within one year from the cessation of force or the discovery of fraud.

When is a petition barred after force or fraud?

if the petitioner voluntarily lived with the respondent after the force ended or fraud was found.

What must be proved for annulment due to pregnancy by another?

That the petitioner was ignorant of the respondent’s pregnancy at the time of marriage.

What is the limitation for filing a petition under Section 12(1)(d)?

Within one year from the date of the marriage.

What is the effect of marital intercourse after discovering pregnancy?

No annulment is granted if consensual intercourse occurred after discovery.

Which section deals with ‘Divorce’?

Section 13

Who can file a divorce petition under Section 13(1)?

Either the husband or the wife.

What is the ground of adultery under Section 13(1)(i)?

Voluntary sexual intercourse with any person other than the spouse after marriage.

What is the ground of cruelty under Section 13(1)(ia)?

The respondent treating the petitioner with cruelty after solemnization.

What is the ground of desertion under Section 13(1)(ib)?

Desertion for a continuous period of at least two years immediately preceding the petition.

How is “desertion” explained under Section 13?

Abandonment without reasonable cause and without consent, including wilful neglect.

What is the ground under Section 13(1)(ii) relating to religion?

The respondent ceasing to be a Hindu by conversion to another religion.

What is the ground of unsoundness of mind under Section 13(1)(iii)?

Incurable unsoundness of mind or mental disorder making cohabitation unreasonable.

What does “mental disorder” include under Section 13(1)(iii)?

Mental illness, incomplete mind development, psychopathic disorder, and schizophrenia.

What is the ground under Section 13(1)(v)?

Respondent suffering from venereal disease in a communicable form.

What is the ground of renunciation under Section 13(1)(vi)?

Respondent renouncing the world by entering a religious order.

What is the presumption of death ground under Section 13(1)(vii)?

Respondent not heard of as being alive for seven years or more.

What additional grounds are provided under Section 13(1A)?

No resumption of cohabitation or restitution of conjugal rights for one year after a decree.

What is the ground under Section 13(1A)(i)?

No resumption of cohabitation for one year or more after judicial separation.

What is the ground under Section 13(1A)(ii)?

No restitution of conjugal rights for one year or more after a restitution decree.

What special right is given to a wife under Section 13(2)?

Additional special grounds for divorce available only to the wife.

What is the pre-Act polygamy ground under Section 13(2)(i)?

Husband having another wife living at the time of marriage (for pre-Act marriages).

What is the sexual offence ground under Section 13(2)(ii)?

Husband being guilty of rape, sodomy, or bestiality after marriage.

What is the maintenance decree ground under Section 13(2)(iii)?

No cohabitation for one year after a maintenance decree (under HAMA or CrPC).

What is the option of puberty ground under Section 13(2)(iv)?

Repudiating a marriage (solemnized before age 15) between the ages of 15 and 18.

Under which Acts must a maintenance order be passed for this ground?

Under Section 18 of HAMA, 1956 or Section 125 of CrPC, 1973.

Can a wife seek divorce if she was already living apart during the order?

Yes, provided the maintenance decree was passed against the husband.

Which section deals with ‘Alternate relief in divorce proceedings’?

Section 13A

What alternate relief can a court grant instead of a divorce decree?

The court may pass a decree for judicial separation instead of divorce.

In which cases is the court not allowed to grant this alternate relief?

When the petition is based on conversion (ii), renunciation (vi), or missing/death (vii).

When does the court decide to grant judicial separation instead?

When it considers it just to do so based on the circumstances of the case

Which section deals with ‘Divorce by mutual consent’?

Section 13B

How is a petition for mutual consent divorce presented?

It must be presented to the District Court by both parties together.

Who can present a petition under Section 13B(1)?

Both parties to the marriage together via a joint petition.

What is the essential condition of separation under Section 13B(1)?

Parties must have lived separately for one year or more.

What must parties establish besides separation?

That they cannot live together and have mutually agreed to dissolve the marriage.

When can the second motion be made under Section 13B(2)?

Between six and eighteen months after the petition's presentation.

What happens if the petition is withdrawn before the second motion?

No decree of divorce can be passed under Section 13B.

What must the court satisfy itself about under Section 13B(2)?

That the marriage was solemnized and the averments in the petition are true.

When does the decree of divorce take effect under Section 13B(2)?

From the date of the decree.

What are the three core requirements of divorce by mutual consent under Section 13B(1)?

Living separately for at least one year, inability to live together, and mutual agreement to dissolve the marriage.

The 6-month period under Section 13B(2) is directory, not mandatory.

Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746.

Which section deals with ‘No petition for divorce to be presented within one year of marriage’?

Section 14

What is the standard time limit for filing a divorce petition?

No petition can be presented unless one year has elapsed since the marriage.

On what grounds can the court allow a petition before one year?

In cases of exceptional hardship to the petitioner or exceptional depravity by the respondent.

What happens if leave was obtained by misrepresentation?

The court may delay the decree's effect until the year ends or dismiss the petition.

If a petition is dismissed for misrepresentation, can it be refiled?

Yes, a new petition can be brought after the one-year period expires.

What must the court consider regarding children?

The court must have regard to the interests of any children of the marriage.

What is the court's duty regarding reconciliation?

It must check if there is a reasonable probability of reconciliation within that first year.

Which section deals with ‘Divorced persons when may marry again’?

Section 15

When is it lawful for a divorced person to marry again?

After the marriage is dissolved by a decree of divorce.

What if there is no right of appeal against the decree?

The parties may marry again immediately after the decree is passed.

How long must a party wait if there is a right to appeal?

Until the time for appealing has expired without an appeal being filed.

What if an appeal has been presented against the divorce?

The parties must wait until the appeal has been dismissed.

Which section deals with ‘Legitimacy of children of void and voidable marriages’?

Section 16

What is the effect of Section 16(1) on children of void marriages?

They are deemed legitimate, whether or not a decree of nullity is passed.

Is a child of a void marriage legitimate without a decree of nullity?

Yes, legitimacy is maintained under Section 16(1) even without a decree.

What is the effect of Section 16(2) on children of voidable marriages?

A child begotten or conceived before the decree of nullity is deemed legitimate.

Up to what point must the child be conceived to gain legitimacy under 16(2)?

Before the decree of nullity is actually passed by the court.

Does Section 16 confer full property rights on these children?

No, Section 16(3) limits their rights only to the property of their parents.

Can such a child claim ancestral or coparcenary property of others?

No, they cannot claim rights in the property of any person other than their parents.

What is the specific limitation imposed by Section 16(3)?

It restricts inheritance rights to the parents' property and excludes third parties.

Which section deals with ‘Punishment of bigamy’?

Section 17

Is a marriage void if a spouse is already living?

Yes, any marriage where either party has a living spouse is void.

To which group does the punishment for bigamy apply?

It applies to any marriage between two Hindus solemnized after the Act.

Which sections of the IPC (Indian Penal Code)/BNS, 2023 apply to bigamy?

The provisions of Section 494 and Section 495 of the IPC (SEC 82 BNS, 2023) apply.

Does this apply to marriages solemnized before the Act?

No, it specifically applies to marriages solemnized after the commencement of the Act.

Which section deals with ‘Punishment for contravention of certain other conditions for a Hindu marriage’?

Section 18

Which conditions of Section 5 lead to punishment if violated?

Contravention of conditions (iii), (iv), and (v) is punishable.

What is the penalty for violating the minimum age (Clause iii)?

Rigorous imprisonment up to two years, a fine up to one lakh, or both.

What is the penalty for prohibited relationship (Clause iv)?

Simple imprisonment up to one month, a fine up to one thousand, or both.

What is the penalty for a Sapinda marriage (Clause v)?

Simple imprisonment up to one month, a fine up to one thousand, or both.

Who is liable for punishment under this section?

Every person who procures a marriage of himself or herself in contravention.

JURISDICTION AND PROCEDURE

Which section deals with ‘Court to which petition shall be presented’?

Section 19

To which court must a petition under this Act be presented?

Every petition must be presented to the District Court.

Can a petition be filed where the wedding took place?

Yes, in the jurisdiction where the marriage was solemnized.

Can a petition be filed where the respondent lives?

Yes, where the respondent resides at the time of the petition.

Can the place where the couple last lived be used?

Yes, where the parties to the marriage last resided together.

Where can a wife file if she is the petitioner?

She can file in the jurisdiction where she is residing on the date of the petition.

Where to file if the respondent lives outside India?

The petition can be filed where the petitioner is residing.

Where to file if the spouse is missing for 7 years?

The petition can be filed in the jurisdiction where the petitioner resides.

Which section deals with ‘Contents and verification of petitions’?

Section 20

What must every petition distinctly state?

The facts on which the claim to relief is founded.

What must a petitioner declare regarding the other party?

That there is no collusion between the petitioner and the other party.

For which petition is the no-collusion statement not required?

A petition filed under Section 11 (Void marriages).

How must the statements in a petition be verified?

In the manner required by law for the verification of plaints.

Who is authorized to verify the petition?

The petitioner or some other competent person.

Can the verified petition be used during the hearing?

Yes, it may be referred to as evidence.

Which section deals with ‘Application of Act 5 of 1908’?

Section 21

Which code regulates the proceedings under this Act?

All proceedings are regulated by the Code of Civil Procedure, 1908.

Who has the power to make additional rules for these proceedings?

The High Court may make rules in this behalf.

Is the application of the CPC absolute?

No, it is subject to the other provisions of the Act and High Court rules.

Which section deals with ‘Power to transfer petitions in certain cases’?

Section 21A

When does the power to transfer petitions apply?

When both parties file separate petitions for divorce or judicial separation.

What happens if both petitions are in the same district court?

Both petitions must be tried and heard together by that court.

What happens if petitions are in different district courts?

The later petition is transferred to the court where the earlier petition was filed.

How are the petitions resolved after transfer?

Both petitions are heard and disposed of together by the first court.

Which law governs the authority to transfer these petitions?

The Code of Civil Procedure, 1908 determines the competent court or Government.

How is the transfer power exercised?

As if the court/Government were empowered under the CPC to transfer the suit.

Which section deals with ‘Special provision relating to trial and disposal of petitions under the Act’?

Section 21B

How should the trial of a petition be conducted?

It should be continued from day to day until its conclusion.

When can the court adjourn a trial beyond the next day?

Only when necessary for reasons to be recorded in writing.

What is the target timeline to conclude the trial?

An endeavour should be made to conclude it within six months.

From when is the six-month trial period calculated?

From the date of service of notice of the petition on the respondent.

What is the target timeline to conclude an appeal?

An endeavour should be made to conclude it within three months.

From when is the three-month appeal period calculated?

From the date of service of notice of appeal on the respondent.

Which section deals with ‘Documentary evidence’?

Section 21C

Can a document be rejected because it is not duly stamped?

No, it shall not be inadmissible on the ground that it is not duly stamped.

Does lack of registration make a document inadmissible in these trials?

No, a document cannot be excluded solely because it is not registered.

To which proceedings does this exception apply?

It applies to any proceeding at the trial of a petition under this Act.

Does this rule override other laws (enactments)?

Yes, it applies notwithstanding anything in any other enactment to the contrary.

Which section deals with ‘Proceedings to be in camera and may not be printed or published’?

Section 22

How are the proceedings under this Act conducted?

Every proceeding must be conducted in camera (in private).

Is it lawful to print or publish matters related to the proceedings?

No, it is unlawful for any person to print or publish such matters.

Which judgments are an exception to the publication ban?

Judgments of the High Court or Supreme Court with previous permission.

What is the penalty for unauthorized publication?

It is punishable with a fine up to one thousand rupees.

Who is liable for the contravention of sub-section (1)?

Any person who prints or publishes the restricted matter.

Which section deals with ‘Decree in proceedings’?

Section 23

Can a petitioner get relief by taking advantage of their own wrong?

No, the court must be satisfied the petitioner is not taking advantage of their own wrong.

What is the rule regarding adultery and the petitioner?

The petitioner must not have been an accessory to, connived at, or condoned the act.

Can relief be granted if cruelty has been forgiven?

No, relief is denied if the petitioner has condoned the cruelty.

What is required for mutual consent divorce?

The court must ensure consent was not obtained by force, fraud, or undue influence.

Is collusion permitted in divorce or separation cases?

No, the petition must not be presented or prosecuted in collusion with the respondent.

Does delay affect the granting of a decree?

Yes, there must not be any unnecessary or improper delay in instituting the proceeding.

What is the primary duty of the court before granting relief?

To make every endeavour to bring about reconciliation between the parties.

When is the court exempt from trying reconciliation?

In cases of conversion, unsound mind, leprosy, VD, renunciation, or missing spouse.

How long can a court adjourn for reconciliation efforts?

For a reasonable period not exceeding fifteen days.

Who can the court refer the parties to for mediation?

A person named by the parties or nominated by the court.

Is there a fee for the divorce decree copy?

No, the court must give a copy of the decree free of cost to each party.

Which section deals with ‘Relief for respondent in divorce and other proceedings’?

Section 23A

In which proceedings can a respondent claim relief?

In proceedings for divorce, judicial separation, or restitution of conjugal rights.

What grounds can a respondent use to oppose the petitioner?

The petitioner’s adultery, cruelty, or desertion.

Can a respondent file a counter-claim in the same proceeding?

Yes, they can make a counter-claim for any relief under the Act.

What happens if the petitioner's wrongdoing is proved?

The court may grant the respondent any relief they would have been entitled to as a petitioner.

Does this section apply if the respondent only seeks to oppose the case?

No, it allows them to both oppose the relief and seek their own.

Which section deals with ‘Maintenance pendente lite and expenses of proceedings’?

Section 24

Who can apply for maintenance pendente lite (interim maintenance)?

Either the wife or the husband can apply if they have no independent income.

What must the court consider when fixing the maintenance amount?

The income of both the petitioner and the respondent to determine a reasonable sum.

What besides monthly support can the court order the respondent to pay?

The necessary expenses of the proceeding (legal costs).

What is the time limit for disposing of an interim maintenance application?

It should be disposed of within sixty days from the date of service of notice.

Is the 60-day timeline for disposal mandatory or directory?

The Act states it should be done "as far as possible" within that period

Which section deals with ‘Permanent alimony and maintenance’?

Section 25

When can a court grant permanent alimony?

At the time of passing any decree or at any time subsequent to it.

Who is entitled to apply for permanent maintenance?

Either the wife or the husband can apply to the court for support.

How is the alimony amount determined?

Based on the income, property, and conduct of both parties.

What is the maximum duration for paying alimony?

For a term not exceeding the life of the applicant.

How can the payment of alimony be secured?

It may be secured by a charge on the immovable property of the respondent.

Can an alimony order be changed later?

Yes, the court can vary, modify, or rescind it if circumstances change.

What happens if the party receiving alimony remarries?

The court may rescind or modify the order at the other party's instance.

Does unchastity affect a wife's right to maintenance?

Yes, the court may cancel the order if the wife has not remained chaste.

Can a husband's maintenance be stopped for infidelity?

Yes, if he has sexual intercourse outside wedlock, the order may be rescinded.

Which section deals with ‘Custody of children’?

Section 26

What aspects of minor children can the court pass orders on?

The custody, maintenance, and education of minor children.

When can the court pass custody-related orders?

During the proceeding, in the final decree, or any time after the decree.

What must the court consider regarding the child's preference?

The court should make provisions consistently with their wishes, wherever possible.

Can the court change previous custody or maintenance orders?

Yes, the court may from time to time revoke, suspend, or vary such orders.

What is the time limit to decide on maintenance and education?

It should be disposed of within sixty days from the date of service of notice.

Which section deals with ‘Disposal of property’?

Section 27

In what proceedings can the court exercise power under Section 27 HMA?

Any proceeding under the Hindu Marriage Act.

What power is given to the court under Section 27 HMA?

To make just and proper provisions in the decree regarding qualifying property.

What kind of property is covered under Section 27 HMA?

Property presented at or about the time of marriage.

Is all property of husband and wife covered under Section 27 HMA?

No, only joint property presented at or about the time of marriage.

Must the property belong jointly to both husband and wife for Section 27 to apply?

Yes, joint ownership is a requirement for this section.

Can the court pass an order under Section 27 HMA regarding exclusive property?

No, it applies only to jointly owned property.

What is the condition precedent for applicability of Section 27 HMA?

Property must be jointly owned and presented at or about the time of marriage.

Can the court decide ownership of stridhan under Section 27 HMA?

No, exclusive stridhan is generally not covered.

Does Section 27 HMA apply to gifts exclusively given to one spouse?

No, exclusive gifts fall outside the scope of this section.

What is the nature of the court’s discretion under Section 27 HMA?

The court may make such provisions as it deems just and proper.

Is Section 27 HMA mandatory or discretionary?

It is discretionary, as indicated by the word "may."

Can the court include an order under Section 27 in the matrimonial decree?

Yes, the court may make the provision within the decree itself.

What is the object of Section 27 HMA?

To settle disputes regarding jointly owned marriage-related property.

Does Section 27 HMA create title in property?

No, it only enables the disposal of existing qualifying joint property.

Can property acquired long after marriage be covered?

Generally no, unless presented "at or about the time of marriage."

Is dowry property automatically covered under Section 27 HMA?

No, only if it is jointly owned and presented at or about the marriage.

What phrase in Section 27 limits the time of presentation?

"At or about the time of marriage."

What phrase in Section 27 limits the ownership requirement?

"Which may belong jointly to both the husband and the wife."

Which section deals with ‘Appeals from decrees and orders’?

Section 28

Are decrees passed under the Hindu Marriage Act appealable?

Yes, all decrees are appealable, subject to Section 28(3).

How are decrees under the Hindu Marriage Act appealable?

As decrees passed in the exercise of original civil jurisdiction.

To which court does an appeal from a decree under the Act lie?

To the court where appeals ordinarily lie from the original civil court.

Are all orders under the Hindu Marriage Act appealable?

No, only specific non-interim orders under Sections 25 and 26.

Which orders under the Hindu Marriage Act are specifically appealable?

Final orders under Section 25 (alimony) and Section 26 (custody).

Are interim orders under Sections 25 and 26 appealable?

No, interim orders under these sections are not appealable.

What is the condition for appealability of orders under Sections 25 and 26?

The orders must not be interim in nature.

Does an appeal under Section 28 lie against an order relating only to costs?

No, Section 28(3) bars appeals solely on the subject of costs.

Which subsection bars appeal on the subject of costs only?

Section 28(3).

What is the limitation period for filing an appeal under Section 28?

90 days.

From which date is the 90-day appeal period counted?

From the date of the decree or order.

Which subsection prescribes the limitation period for appeal?

Section 28(4).

Can an appeal be filed against every decree regardless of costs?

No, it cannot be filed if the dispute is only regarding costs.

Is an order under Section 25 always appealable?

No, only if it is a final (non-interim) order.

Is an order under Section 26 always appealable?

No, only if it is a final (non-interim) order.

What is the nature of appellate jurisdiction under Section 28?

It follows the ordinary civil appellate hierarchy.

What is the main rule under Section 28(1)?

Decrees are appealable like original civil jurisdiction decrees.

What is the main rule under Section 28(2)?

Non-interim orders under Sections 25 and 26 are appealable.

What is the exception under Section 28(3)?

No appeal lies on the subject of costs only.

What is the procedural requirement under Section 28(4)?

The appeal must be filed within 90 days.

Which section deals with ‘Enforcement of decrees and orders’?

Section 28A

Does Section 28A create a separate mechanism of execution?

No, it adopts the existing civil court execution mechanism.

What is the legal effect of Section 28A?

It gives matrimonial decrees the same enforceability as ordinary civil decrees.

What jurisdictional standard is used for enforcement?

The standard of the court’s original civil jurisdiction.

Is enforcement governed by ordinary civil procedure principles?

Yes, it follows the procedure applicable to original civil decrees and orders.

What is the essence of Section 28A?

Decrees and orders under the Act are enforceable like ordinary civil ones.

Does Section 28A apply only to decrees?

No, it applies to both decrees and orders.

What is the purpose of Section 28A?

To ensure effective execution of matrimonial decrees and orders.

SAVINGS AND REPEALS

Which section deals with ‘Savings’?

Section 29

Does Section 29 protect certain pre-Act Hindu marriages?

Yes, it protects them from being treated as invalid if otherwise valid.

Is a pre-Act marriage invalid if parties belong to the same gotra?

No, it shall not be deemed invalid merely for that reason.

Is a pre-Act marriage invalid if parties belong to the same pravara?

No, it shall not be deemed invalid merely for that reason.

Is a pre-Act marriage invalid due to different religions?

No, if otherwise valid, it is not invalid merely due to different religions.

Is a pre-Act marriage invalid due to different castes?

No, if otherwise valid, it is not invalid merely due to different castes.

Is a pre-Act marriage invalid due to different sub-divisions of caste?

No, if otherwise valid, it is not invalid merely due to different sub-divisions.

What is the condition for protection under Section 29(1)?

The marriage must be otherwise valid.

Which subsection saves pre-Act marriages regarding gotra/caste?

Section 29(1).

Does the Act affect customary rights to dissolve a marriage?

No, rights recognised by custom to obtain dissolution are saved.

Does the Act affect special enactments for dissolution?

No, rights conferred by special enactments are preserved.

Are customary rights saved for marriages after the Act?

Yes, they are saved for marriages solemnized before or after the Act.

Which subsection preserves customary/statutory dissolution rights?

Section 29(2).

Does Section 29(2) save only customary rights?

No, it saves both customary rights and those from special enactments.

Does the Act affect pending proceedings at its commencement?

No, pending proceedings are not affected.

What kinds of pending proceedings are protected under 29(3)?

Nullity, annulment, dissolution, or judicial separation proceedings.

Can pending proceedings continue after the Act's commencement?

Yes, they continue as if the Act had not been passed.

Which subsection saves pending matrimonial proceedings?

Section 29(3).

How are pending proceedings to be decided?

As if the Hindu Marriage Act had not been passed.

Are pending judicial separation cases protected?

Yes, they are expressly saved under Section 29(3).

Does the Act affect the Special Marriage Act, 1954?

No, the provisions of the Special Marriage Act remains unaffected.

Which subsection saves the Special Marriage Act, 1954?

Section 29(4).

Are marriages under the Special Marriage Act protected?

Yes, whether solemnized before or after the Hindu Marriage Act.

Does Section 29(4) override the Special Marriage Act?

No, it expressly states the Hindu Marriage Act does not affect it.

What is the essence of Section 29(1)?

Pre-Act marriages aren't invalid merely due to gotra/caste/religion.

What is the essence of Section 29(2)?

Customary and special statutory dissolution rights are preserved.

What is the essence of Section 29(3)?

Pending proceedings continue under the old law as if the Act didn't exist.

What is the essence of Section 29(4)?

Hindu marriages under the Special Marriage Act 1954, (43 of 1954) remain governed by that Act.

SECTION 30 of the Hindu Marriage Act, 1955.

[Repeals]. —Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First Schedule (w.e.f. 26-12-1960).

CASE LAWS ON HMA

Mental cruelty is assessed cumulatively, not by isolated acts.

Samar Ghosh v. Jaya Ghosh.

Consent for mutual divorce must subsist till decree.

Sureshta Devi v. Om Prakash

Irretrievable breakdown is not a statutory HMA ground, but SC can grant divorce under Article 142.

Shilpa Sailesh (2023).

Bigamous Hindu marriage is void ab initio.

Yamunabai Anantrao Adhav.

Even in void marriage, S.24 and S.25 relief can be granted.

Sukhdev Singh v. Sukhbir Kaur (2025).

Marriage registration does not cure absence of ceremonies.

Dolly Rani v. Manish Kumar Chanchal (2024)

Top 10 “Must Quote” Cases

Samar Ghosh v. Jaya Ghosh

Established detailed illustrative guidelines on what constitutes mental cruelty in a marriage.

V. Bhagat v. D. Bhagat

Defined mental cruelty as conduct making it impossible for parties to live together without mental agony.

Amardeep Singh v. Harveen Kaur

Held that the 6-month cooling-off period for mutual consent divorce (Section 13B(2)) is directory and waivable.

Sureshta Devi v. Om Prakash

Clarified that mutual consent must continue from the time of filing the petition until the final decree is passed.

Hitesh Bhatnagar v. Deepa Bhatnagar

Ruled that a party can withdraw consent at any time before the final decree of divorce is granted.

Shilpa Sailesh v. Varun Sreenivasan

Ruled that the Supreme Court can grant divorce under Article 142 on the ground of irretrievable breakdown.

Dolly Rani v. Manish Kumar Chanchal

Held that registration is not a substitute for essential Hindu marriage ceremonies like Saptapadi.

Sukhdev Singh v. Sukhbir Kaur

Affirmed that a wife is entitled to maintenance/alimony even if the marriage is subsequently declared void.

Seema v. Ashwani Kumar

Mandated the compulsory registration of all marriages in India regardless of religion.

Revanasiddappa v. Mallikarjun

Held that children of void or voidable marriages have a right to their parents' self-acquired property.