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Writer's pictureLead India
Nov 19, 20223 min read

What Is Hindu Marriage Act?

In India, people from different religions, castes live together and marriages are solemnised in accordance to their traditions and cultures. Hindu law is the branch which has originated from the Smritis as described in the Sanskrit commentaries and digests. The Hindus follow the Hindu law.

Marriages in Hindus are governed by the Hindu Marriage Act, 1955. While, other aspects of the Hindu law are being governed under the Hindu Adoption and Maintenance Act, 1956, the Hindu Succession Act, 1956 and the Hindu Minority and Guardianship Act, 1956.


Who is a Hindu?


As per the provision of Section 2 of the Hindu Marriage Act, the Act applies to any person belonging to or has been converted to Hinduism or its any other form such as Virashaiva, Lingayat or a follower of the Brahmo, Prarthna or Arya Samaj.

Also a person who is a Buddhist, Jaina, or Sikh by religion.

Also a person, not belonging to Muslim, Christian, Parsi or Jewish religion shall also be governed by the Hindu Marriage Act.

Section 5- Conditions for a Hindu Marriage-

The Section 5 of the Hindu Marriage Act, 1955 provides conditions for a Hindu Marriage-

  • The person marrying shall not have two spouses living at the same time.

  • The bridegroom should have attained the age of 21 years while the bride should be above 18 years old at the time of marriage.

  • The parties should not suffer from any kind of mental disorder which deems them unfit to marry and procreation of children.

  • Neither party should be suffering from repetitive attacks of insanity.

  • The parties shall not be sapindas of each other and shall not lie within the prohibited degrees of relationship unless allowed by their customs or usages.

Essentials features of the Hindu Marriage Act, 1955

  • Section 7 of the HMA provides for the ceremonies for the Hindu marriage.

  • As per the Act, a Hindu marriage shall be solemnized in accordance with the customary rites and ceremonies of either party. These ceremonies include Saptapadi, Kanyadan.

  • Section 9 of the Act provides for the restitution of conjugal rights, it means that the rights originating from a marriage could be asked for if the other spouse has deserted the relationship. The basic objective of the Section is to save the sanctity of marriage.

  • Divorce- Section 13 of the Hindu Marriage Act provides for divorce. As per the provisions of Section 13(2) of the Act, the grounds have been provided for a wife to approach the court to seek divorce from her husband. The grounds provided under Section 13 include-

1. Adultery

2. Cruelty by one of the spouses

3. Deserting the spouse

4. Conversion to another religion

5. Insanity

6. Leprosy

7. In case the spouse is suffering from a venereal disease.

8. If the partner has renounced the world.

9. If the partner has been presumed dead

  • Section 13B of the HMA, provides for divorce by mutual consent. According to this provision, both parties can approach the court by filing a divorce petition. On the question as to how to file Mutual Consent Divorce, it is advised you contact an experienced divorce lawyer in your city.

  • Section 15 of the HMA, provides that a divorced person can remarry

Conclusion


The provisions of the HMA govern the marital laws in relation to Hindus. Similarly, in the case of Muslims, Christian’s different provisions have been provided by the law. To understand the various legal provisions properly, it is advised to seek the advice of an experienced advocate.


Also, in case you do not wish to follow through the customary practices while performing marriage, or are marrying a person, not belonging to the Hindu community, the Special Marriage Act provides for Court marriage in Delhi or your own city, for which you could seek the advice of an experienced court marriage lawyer Delhi.


Lead India offers you a wide pool of experienced advocates who could guide you through various legal issues including marriage, divorce, judicial separation, child custody, etc. you may contact us in case you need legal assistance from a trustworthy advocate.


Call Us: +91-8800788535

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