Law

Hindu Marriage Act of 1955

This section talks about Section 1 – 13 of the Hindu Marriage Act, 1955 in brief.

SECTION – 1

Title and extent :-

The Act shall be called as the Hindu Marriage Act, 1955 and is applicable to the whole of India. 

SECTION – 2

Who can be called as a Hindu :-

A Hindu is any person who is 

1. Virashaiva, Lingayat or follower of Brahma Prarthana or Arya Samaj 
2. Buddhist, Jain or Sikh
3. Not a Muslim, Jew Or Parsi or not governed by any special custom in a specific case. 

SECTION – 3

Definitions :-

1. Customs 
2. District Court 
3. Full Blood – Half Blood
4. Uterine Blood
5. Prescribed rules under this Act
6. Sapinda Relationship 
7. Affinal Relationships & Prohibited Degrees
   1. Lineal Descendants
   2. If one is the wife or husband of of the lineal ascendant or descendant of the other (parent – step or otherwise) 
   3. Brothers wife father’s brother mother’s brother grandfather’s brother etc. 
   4. Siblings uncle and niece  aunt and nephew cousins. 

Custom –  Customs are natural rules that are being followed by the people of a specific region or descent since times immemorial. 

Full Blood – Two persons are said to be related by full blood when they are the biological children of the same mother and father. 

Half blood – When two persons have the same biological father but different biological mothers they are said to be related by half blood. 

Uterine blood – People are said to be related by uterine blood when they have the same biological mother. 

Sapinda – Sapinda prohibition exists upto 5 degrees (generations) on father’s side and 3 degrees on mother’s side. 

With reference to any person it extends as far as third generation (inclusive) in the the line of ascent through the mother and the fifth generation (inclusive) in the line of ascent through the father. The line being traced upwards in each case from the person concerned who is to be counted as the first generation.

Affinal – Affinal relationships refers to relationships formed by Marriage. 

SECTION – 5 

Conditions for a Valid Hindu Marriage :-

1. No Bigamy 
2. Neither party
   1. Is incapable of giving consent or is of unsound mind. 
   2. Is mentally ill or unfit for marriage or is impotent. 
   3. Is subject to attacks of insanity or elipsy.  
3. The age of the boy should not be less than 21 years while that of the girl should not be less than 18 years
4. Neither of the parties fall under the prohibited degrees of relationships (customs may play as exception) 
5. Sapinda (except as provided by customs)

Bigamy refers to the practice of second marriage while the first spouse is alive. This practice is strictly prohibited under the Hindu law and is made punishable under the Indian Penal Code. 

Person of Unsound mind refers to a person who is medically and legally declared to be of unstable mental condition and is incapable of making decisions for him/herself.

Case

1. Priya Bala v/s Suresh Chandra
2. Sarla Mudgal v/s UOI
3. Nagalingam v. Sivagami

SECTION – 6 

Repealed 

SECTION – 7 

Ceremonies of Marriage :-

1. Marriage should be solemnized according to customs and rates of either party dare to that is customs are important  
2. Where such rites and ceremonies include Saptapadi, the marriage becomes complete and binding when the seventh step is taken. 

Cases 

1. Bhav Rao Lokhande v/s State of Maharashtra

In this case it was held that only already established customary rites can be followed, no invention in the ceremonies of marriage shall be valid. Gandharv Vivah of Bhav Rau with kamlabai was held to be invalid as it was not according to their custom. Further, the second marriage was not held to be valid therefore Bhav Rao Lokhande was not held to be guilty. 

2. Nagalingam v/s Sivagami 

In this case the Madras Matrimonial Court held that according to Section 7 sub clause 2 for a valid marriage the ceremony of saptapadi is important and the second marriage was invalid and hence Nagalingam was not held guilty. 

But, the Madras High Court held that section 7A, special provision for Tamil Nadu is supposed to be considered and hence the second marriage stands as a valid marriage and Nagalingam was hence prosecuted under Section 494 IPC. 

SECTION – 8

Registration of Marriage :-

1. Registration of marriage is deemed to be a proof of the marriage it also contains manners and conditions regarding the marriage. 
2. if any state makes registration mandatory then its violation will lead to a fine
3. All ruled under this Section should be laid before the state legislation as soon as they are made. 
4. The register is open for inspection and also a fees shall be paid for getting a certificate of the registration
5. If the registration of a marriage is not done then also the marriage is valid. 

SECTION – 9

Restitution Of Conjugal Rights :-

When either the husband or the wife has without any reasonable excuse withdrawn from the society of the other the aggrieved party mein apply by the way of a petition in the code for the restitution of conjugal rights and the court on being satisfied of the truth of the statements made in such petition and that there is no reason as to why the petition should not be granted, may decree restitution of conjugal rights.

In such cases the onus of proof lies on the party leaving the society of the other. 

Cases

1. T. Sarita v/s Venkata Subbaiah
2. Sushil Kumari dunger v/s Prem Kumar 11 February 1976
3. Dharmendra Kumar vs Usha Kumar 23 1 a 
4. Swaraj Garg v/s K. M. Garg  (right to setup matrimonial household) 
5. Saroj Rani v/s Sudarshan Kumar Chadda, 1984 (constitutionality of Section 9)  

SECTION – 10

Judicial Separation :-

1. Either party to a marriage whether solemnized before or after the commencement of this app may present a petition praying for a decree of judicial separation on any of the grounds specified under section 13(1) and in case of a wife on any of the grounds on which a petition for divorce may be presented.
2. Cases where a decree of judicial separation is passed it should no longer be obligatory for the petitioner to cohabit with the respondent. However the court may on the petition of either of the parties and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. 

Cases 

1. Harichandra Sreenivasan Managaokar, v/s Sunanda, 2001
2. Dastane v/s Dastane
3. Naveen Kohli v/s Neetu Kohli 2019 
4. Bipin Chandra v/s Prabhavati

SECTION – 11

Void Marriage :-

Marriage that is null (having no effect) from the very beginning is termed as a Void Marriage. 

on a petition presented by either party thereto against the other party is so declared by a decree of nullity if it contravenes with any one of the conditions specified in clause (i) (iv) and (v) of Section 5.

Grounds for void marriage under Section 5

(i) Bigamy (second marriage is absolutely void (iv) Prohibited degrees  

(v) Sapinda marriage

Cases

1. Bhav Lokhande v/s State of Maharashtra

In this case BhauRao Lokhande entered into a Second marriage with one Kamla Bai, this marriage was solemnized by the procedure of Gandharva Vivah however neither the law nor the customs of either of the parties provided for the same. Hence the marriage was held to be a void marriage. 

2. Nagalingam v/s Sivagami 

In this case Nagalingam entered into a second marriage, the marriage was solemnized by the customary rites of Tamil Nadu. In this case it was held that though the marriage was solemnized without the practice of Saptapadi, under the Hindu Marriage Act, customs override the legal provision as solemnization of marriage. Thus in this particular case Section 7A ie., special provision for Tamilnadu was applied and the second marriage was held to be a valid marriage and Nagalingam was prosecuted under Section 494 IPC. 

3. Sarla Mudgal v/s Union of India

In these cases the husband changed his religion and became a Muslim so as to to get into a second marriage. This act of conversion for the purpose of marriage was held to be illegal and the second marriage thereof was held to be a void marriage. 

4. Dr Surajmani Stella kujur case
5. Lily Thomas v/s Union of India

SECTION – 12

Voidable Marriage :-

1. Annulled by a decree of nullity on following grounds 
   1. Impotent respondent
   2. Incapable of giving consent by reason of 
      1. Unsound mind
      2. Important not capable of marriage
      3. Get attacks of insanity
   3. Consent is obtained by fraud
   4. Respondent is pregnant at the time of marriage by some other person
2. No petition shall be entertained under
   1. Subsection 1 clause c
      1. After one year of exposure of fraud
      2. The petitioner has lived normally with the respondent after discovering the fra
   2. Ground under clause B of subsection 1 shall be entertained only if
      1. At the time of the marriage the petitioner was ignorant of the true facts
      2. If the preceding is started within one year from the date of the marriage
      3. No sexual intercourse takes place between both the parties after discovering the truth. 

Case 

Pinnati Venkataraman & ors v/s State of Andhra Pradesh. 

SECTION – 13

Divorce :-

1. Any marriage may be dissolved on a petition by a decree of divorce on the grounds as follows
   1. Adultery
      1. Cruelty 
      2. Desertion (for a continuous period of two years). 
   2. The party had ceased to be a Hindu (Conversion) 
   3. Has been incurable is suffering from unsound mind or intermittent from a mental disorder of such kind that the petitioner cannot reasonably be expected to decide with the respondent
   4. Leprosy repealed
   5. Communicable venereal diseases.
   6. Renounced the word by entering into any religious order
   7. Has not been heard of as being alive for a period of seven years or more by those person who would naturally have heard of it had the party been alive

Cruelty is defined as the willful and unjustifiable conduct of such a character so as to cause damage to live life help whether bodily or mentally or a reasonable apprehension of such are damage by either of the spouse.

Cases

On cruelty

1. Dastane vs Dastane

In this case, Mrs Dastane used to make false allegations against her husband as well as his family members. She used to abuse them and once even said that she wants to ruin the Dastane dynasty. Incidence of tearing her ‘mangalsutra’, locking her husband, rubbing chilli powder on the tongue of the child, and many more such actions became the reason for the suffering of her husband. She was somewhat mentally unbalanced. It was held to be a clear case of Mental Cruelty.

2. Saptmi v/s Jagdish

Husbands constantly call the wife a prostitute, a girl on the street, etc. The court held that, saying these words is worse than physical violence and shakes the foundation of conjugal life. Thus , it amounts to cruelty.

3. Samar Ghosh v/s Jaya Ghosh

Both the parties were IAS Officers. Jaya Ghosh was a divorcee  and had a daughter from her marriage whose custody was with her. Her previous husband was filing a case against her to which she married Samar Ghosh, so that the decision of the  court goes in her favour.

But later, she denied any kind of sexual intercourse as well as marital obligation with Samar Ghosh. Didn’t cook for him, she didn’t go to the hospital when Samar was going through surgery. Appellant ( the husband) prayed for dissolution of marriage, contending that they lived separately for more than 16.5 years with no feelings of cohabitation left now. The District Court granted divorce on the ground of mental cruelty. The High Court in the case said it was an irretrievable breakdown of marriage, which is impossible to be saved. 

The cruelty need not be beyond all reasonable doubts. Cruelty may be proved on balance of possibilities.

4. Harbhajan Singh v/s Amarjeet Kaur

The wife lodged a false complaint against her husband to the bank employees where he used to work. It was alleged that the husband had committed fraud in the bank and he had withdrawn money by forging signatures. This is cruelty on the part of the wife towards the husband.

It has been held that a wife’s refusal to tender her resignation  from her job on demand of her husband does not amount to cruelty.

5. Naveen Kohli Vs Neetu Kohli 
6. Poonam Kaur Case

On Desertion

1. Bipin Chandra Jaisinghbai v/s Prabhawati

In this case it was held, For the offence of desertion , on behalf of the deserting spouse, Two essential conditions must be there: 

(i) fact of desertion for a continuous period of 2 years and 

(ii) the intention to end cohabitation permanently. 

Two essentials required to be present on behalf of the deserted spouse :

(i) absence of consent and 

(ii) the absence of conduct that gives reasonable ground to the spouse leaving the matrimonial home

On Conversion

1. Lily Thomas v/s Union of India
2. Sarla Mudgal v/s Union of India

(See above) 

SECTION – 13(1 – A)

Any party may file for a decree of divorce on any of the following grounds

A petition for the decree of divorce after receiving a decree of judicial separation may be filed on 

1. No resumption of cohabitation between the parties after 1 year or more after  a decree for judicial separation is passed. 
2. There has been no restitution of conjugal rights between the parties after One year or more after  a decree for restitution of conjugal rights is passed. 

These are the gist of Section 1 – 13 of the Hindu Marriage Act, 1955.

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