To provide the bare text and a concise statutory introduction to the Hindu Marriage Act as applicable to Hindu marriages in India. The uploaded PDF refers to the Hindu Marriage Act, 1955, Act No. 25 of 1955, although the page title mentions 1956.
Overview #
The Hindu Marriage Act, 1955 is the central legislation which amends and codifies the law relating to marriage among Hindus. It applies not only to persons who are Hindu by religion, but also, as stated in section 2, to Buddhists, Jainas and Sikhs, and to certain other persons domiciled in India who are not Muslims, Christians, Parsis or Jews, subject to the exclusions and qualifications contained in the Act.
The Act deals with the legal conditions of a valid Hindu marriage, ceremonies, registration, restitution of conjugal rights, judicial separation, nullity of marriage, divorce, mutual consent divorce, legitimacy of children, maintenance during and after proceedings, custody of children, disposal of property, appeals and enforcement of decrees and orders.
Object of the legislation #
The object of the Act is to codify and reform the law relating to marriage among Hindus. Before codification, Hindu marriage law depended substantially on classical Hindu law, schools of law, custom and usage. The Act creates a statutory framework for determining when a Hindu marriage is valid, void or voidable, and when matrimonial reliefs such as divorce, judicial separation, maintenance and custody may be granted by a court.
It also gives the Act an overriding effect over inconsistent pre-existing Hindu law, custom or usage in matters covered by the statute, while preserving certain savings where expressly provided.
Scope and relevance #
The Act is practically important in matrimonial litigation, family court proceedings, registration of marriages, divorce petitions, maintenance applications, custody disputes and questions concerning remarriage after divorce. It is regularly used by lawyers, judges, family courts, law students and legal researchers dealing with personal law and family law in India.
Key areas covered include the conditions for a Hindu marriage under section 5, ceremonies under section 7, registration under section 8, matrimonial remedies such as restitution of conjugal rights under section 9, judicial separation under section 10, void and voidable marriages under sections 11 and 12, and divorce including mutual consent divorce under sections 13 and 13B.
Selected important provisions and themes #
- Section 1 states the short title and extent of the Act, including its application to Hindus domiciled in the territories to which the Act extends even when they are outside those territories.
- Section 2 defines the persons to whom the Act applies, including Hindus, Buddhists, Jainas, Sikhs, converts and re-converts, with a specific exclusion for members of Scheduled Tribes unless notified.
- Section 3 contains definitions, including custom and usage, district court, full blood, half blood, uterine blood and sapinda relationship.
- Section 4 gives the Act overriding effect over inconsistent prior law, custom or usage in matters dealt with by the Act.
- Sections 5, 7 and 8 deal with conditions for a Hindu marriage, ceremonies for solemnisation and registration of Hindu marriages.
- Sections 9 and 10 provide for restitution of conjugal rights and judicial separation.
- Sections 11 to 17 cover nullity, void and voidable marriages, divorce, mutual consent divorce, remarriage after divorce, legitimacy of children of void and voidable marriages, and punishment for bigamy.
- Sections 19 to 28A deal with jurisdiction, procedure, in-camera proceedings, decrees, maintenance pendente lite, permanent alimony, custody of children, property, appeals and enforcement.
How to use this Bare Act #
- Use this bare Act page to read the statutory text before drafting or responding to a petition for divorce, judicial separation, restitution of conjugal rights, nullity, maintenance or custody.
- Check section 2 first to confirm whether the parties are governed by the Hindu Marriage Act.
- For validity of marriage, read section 5 together with the provisions on ceremonies and prohibited/sapinda relationships, and then examine sections 11 and 12 where nullity is in issue.
- For matrimonial reliefs, compare the grounds and procedural requirements under sections 9, 10, 13, 13A and 13B.
- For court procedure and reliefs during litigation, refer to the jurisdiction and procedure provisions, including maintenance, custody, property, appeals and enforcement.
Related Bare Acts and statutes #
- Special Marriage Act, 1954
- Hindu Adoptions and Maintenance Act 1965
- Hindu Minority and Guardianship Act, 1956
- Hindu Succession Act, 1956
- Muslim Women (Protection of Rights on Marriage) Act, 2019
The page title mentions the Hindu Marriage Act, 1956, but the statutory extract/PDF identifies the legislation as the Hindu Marriage Act, 1955, Act No. 25 of 1955, as on 15 April 2026. Users should verify the latest amendments, State-specific rules on marriage registration, and current judicial interpretation before relying on the text in litigation or advisory work.
