Hindu Marriage Act 1955, Salient Feature, Important Sections

Hindu Marriage Act 1955, Salient Features, Important Sections

Hindu Marriage Act is an Act of the Parliament of India enacted in 1955. Read all about Hindu Marriage Act 1955, Salient Feature and Important Sections for UPSC Exam.

Table of Contents

The Hindu Marriage Act governs marriages among Hindus, Buddhists, Jains, and Sikhs in India. It establishes legal procedures for solemnizing and registering marriages while defining the rights, duties, and grounds for divorce. This legislation plays a significant role in the Polity section of the UPSC IAS Exam, covering both the Prelims General Studies Paper-1 and Mains General Studies Paper-II syllabi. For better preparation, aspirants can utilize mock tests to enhance their accuracy.

Wife seeks alimony of Rs 500 Crore Sought, SC grants Rs 12 Crore

In a recent Supreme Court judgment, a wife sought a permanent alimony of Rs 500 crore from her husband, who is based in the USA. However, the Court awarded her Rs 12 crore and issued a strong warning about the misuse of Section 498A (which addresses domestic cruelty) in matrimonial disputes.

Hindu Marriage Not Valid Unless Requisite Ceremonies Are Performed

Under the Hindu Marriage Act, of 1955, a marriage is deemed valid only if solemnized through essential rituals and ceremonies prescribed by the couple’s traditions or customs. Ceremonies like Saptapadi (seven steps around the sacred fire) are integral to establishing a lawful union. The absence of these ceremonies renders the marriage invalid in the eyes of the law, emphasizing their importance in sanctifying the bond.

Hindu Marriage: A Sacred Bond, Not a Commercial Venture

Hindu marriage is viewed as a sacred and spiritual union aimed at fulfilling religious duties (Dharma), emotional companionship, and family responsibilities. Courts have repeatedly highlighted that it is not a commercial arrangement, warning against reducing it to dowry demands, monetary transactions, or agreements that undermine its sanctity. The essence of Hindu marriage lies in its spiritual and societal values, not material gains.

Hindu Marriage Act 1955

The Hindu Marriage Act, 1955, is a significant legislation that governs marriages among Hindus, Buddhists, Jains, and Sikhs in India. It provides legal frameworks for solemnizing marriages, defining spousal rights, and outlining divorce provisions.

Applicability

Governs Hindus, Buddhists, Jains, and Sikhs.
Does not apply to Muslims, Christians, Parsis, or Jews unless specifically mentioned.
Recognizes both traditional and modern marriage solemnization practices.

Grounds for Divorce

Adultery, desertion, cruelty, and mutual consent are among the common grounds.

Legal Protections

Ensures safeguards for spouses, including financial support and rights during separation or divorce.

Hindu Marriage Act 1955 Important Sections

Section 9: Restitution of Conjugal Rights
- Allows a spouse to seek legal intervention if the other leaves without valid reason.
Section 13: Grounds for Divorce
- Includes cruelty, adultery, desertion, conversion, mental illness, and incurable diseases.
Section 24: Maintenance and Alimony
- Grants temporary financial support to a dependent spouse during legal proceedings.

Structure of the Hindu Marriage Act

The Hindu Marriage Act is organized into six chapters with 29 sections, each addressing key aspects of Hindu marriage:

Chapters	Details
Preliminary	Defines terms and establishes the extent of the Act’s applicability.
Requirements for Hindu Marriage	Specifies age, intellectual capacity, and the absence of prohibited relationships as prerequisites.
Rituals for a Hindu Marriage	Recognizes both traditional and legally solemnized marriages.
Hindu Marriage Registration	Emphasizes registration procedures for legal documentation.
Restitution of Conjugal Rights	Discusses rights and circumstances for judicial separation.
Nullity of Marriage and Divorce	Explains grounds for nullity and divorce, including cruelty, desertion, and adultery.
Maintenance	Addresses financial support for spouses and children during and after marriage.

Conclusion

The Hindu Marriage Act of 1955 plays a vital role in regulating the institution of marriage within the Hindu community while protecting individual rights. Its importance in the UPSC syllabus underscores its relevance in understanding Indian polity and society. Aspiring candidates must focus on its legal, social, and cultural implications for a comprehensive preparation approach.

Hindu Marriage Act FAQs

What is Hindu Marriage Act?

According to Section 7 of the Act, a Hindu marriage is lawful under the 1955 Act if it is performed in conformity with the traditional rites and ceremonies of either party.

What is 5 Hindu Marriage Act?

A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus.

What is valid marriage?

The bridegroom must have completed 21 years of age, while the bride must have completed 18 years of age. The parties must give their voluntary consent to the marriage. Neither of the parties should have a living spouse at the time of the marriage.

What are the rules of Indian marriage Act?

The minimum age criteria for marriage are set as 18 for women and 21 for men by the highest jurisdiction.

What is 17 of Hindu Marriage Act?

As per Section 17 of the Hindu Marriage Act, 1955, it states the punishment of bigamy: "Any marriage between two Hindus (which includes Buddhist, Jain, or Sikh) solemnized after the beginning of this Act is void if, at the date of such wedding, either party had a husband or wife living.