THE HINDU MARRIAGE ACT, 1955

THE HINDU MARRIAGE ACT 

    Who are the persons governed by this Act?

 Ans. All Hindus, Buddhists, Jains and Sikhs.

    What should be minimum age of bride and bride-groom at the time of marriage?

Ans. Bride-18 years, Bride-groom-21 years

    What marriages are void and what marriages are voidable?

  Ans.  Void Marriages

Where it contravenes any one of the following conditions:

a) Either party has a spouse living at the time of marriage.

 b) Parties are within prohibited relationship.

c) Parties are sapindas of each other.

  Voidable Marriages

Marriage may be annulled by a decree of nullity on any of the following grounds:

1.     Impotency of respondent. 

2.     (a) Respondent was Incapable   of giving a valid consent to   marriage  because of  unsoundness of mind.

(b) Respondent was suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children.

(c) Respondent was subject to recurrent attacks of insanity.

         3.  The consent of the petitioner was obtained by force or by fraud.

 4 The respondent at the time of marriage was pregnant by some person other than the petitioner.

What are the provisions regarding restitution of conjugal rights under Hindu Marriage Act? 

Ans. When either spouse has withdrawn from the society of the other without any reasonable excuse, Court may pass a decree for restitution of conjugal rights.
 

5. What are the grounds on which divorce can be obtained under Hindu Marriage Act? 

Ans. A petition for divorce may be filed after one year of the marriage.  

In case of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, a petition may be allowed to be presented before one year.  Marriage may be dissolve by a decree of divorce on the following grounds:

 1. Respondent had voluntary sexual intercourse with any person other than the spouse after the marriage.

  2. Respondent has treated the petitioner with cruelty.

 3. Respondent has deserted the petitioner for a continuous period of not less than two years. 

4. Respondent ceased to be a Hindu. 

5. Respondent has been incurably of unsound mind.

 6. Respondent has been suffering from virulent and incurable form of leprosy.

 7. Respondent has been suffering from venereal disease in a communicable form. 8. Respondent has renounced the world by entering any religious order. 

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

Either party may obtain divorce: 

10. On the ground that there was no resumption of cohabitation for period of one year or more after decree of judicial separation 

 11. There has been no restitution of conjugal rights for a period of one year or more after decree for restitution of conjugal rights.  

Wife may also seek divorce on the following ground: 

12. In case of marriage before 1955 act, the husband had married again before such commencement or that any other wife of the husband was alive at the time of solemnization of marriage of petitioner. 

13. The husband, after marriage, has been guilty of rape, sodomy or bestiality.

 14. Co-habitation not resumed for one year or more since passing of decree/order for maintenance against husband under Section 125 Cr.P.C or under Hindu Adoptions & Maintenance Act, 1956. 

15. Marriage was solemnized when petitioner was below 15 years of age and she has repudiated the marriage, after attaining the age of 15 years, and before attaining the age of 18 years.  Divorce under customary law is recognized under Section 29 of Hindu Marriage Act.  Such custom and usage should have been continuously observed for a long time, having obtained the force of law among Hindus in any local area, Tribe, Community, groups or family. Rule should be certain and not opposed to public policy. 

6. Whether a petition under Hindu Marriage Act cannot be filed within one year of the marriage? 

Ans. Yes, a petition under Hindu Marriage Act cannot be filed within one year of the marriage except with the permission of the Court. 

7. When can a person re-marry after passing of decree of divorce? 

Ans. When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or if there is such a right of appeal the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to marry again. 

8. What are the provisions regarding grant of interim maintenance?
 

Ans. Where it appears to Court that the wife or the husband, as the case may be, has no independent income sufficient for his/her support and the necessary expenses of the proceedings, it may grant interim maintenance to the applicant.
 

9. What are the provision regarding permanent alimony?
 

Ans. At the time of passing of decree or at any time subsequent thereto the Court on application made by either party, order that the other party shall pay to the applicant for his/her maintenance and support, a gross sum or such monthly or periodical sums as may seem to the Court to be just.
 

10. Which Authority is competent to grant the decree of divorce and what is the procedure to be followed?
 

Ans. The petition for divorce is to be filed before the District Court:- 
1. Where the marriage was solemnized.
2. Where respondent resides.
3. Where the parties to the marriage last resided together.
4. In case the wife is the petitioner, where she is residing on the date of presentation of petition.
 

11. Are customary marriages valid?
 

Ans. The Hindu Marriage can be solemnized in accordance with customary rights and ceremonies of either party thereto.  So, customary marriages , where such customs are recognized can be a valid marriage if there is no violation of any other provision of the Act.