Pariwarik Suraksha (Regd.) Ph. 9312800559
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[Act
No. 25 of Year 1955, dated 18th. May, 1955] 5. Conditions for a Hindu marriage 7. Ceremonies for a Hindu marriage 8. Registration of Hindu marriages CHAPTER III: RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL
SEPARATION 9. Restitution of conjugal rights CHAPTER IV: NULLITY OF MARRIAGE AND DIVORCE 7[13A. Alternate
relief in divorce proceedings 13B. Divorce by mutual consent 14. No petition for divorce to be presented within one year
of marriage 15. Divorced persons when may marry again 17[16. Legitimacy of
children of void and voidable marriages 18. Punishment for contravention of certain other conditions
for a Hindu marriage CHAPTER V: JURISDICTION AND PROCEDURE 1[19. Court to which
petition shall be presented 20. Contents and verification of petitions 21. Application of Act 5 of 1908 21[21A. Power to
transfer petitions in certain cases 21B. Special provision relating to trial and disposal of
petitions under the Act 1[22. Proceedings to
be in camera and may not be printed or published 7[23A. Relief for
respondent in divorce and other proceedings 24. Maintenance pendente lite and expenses of proceedings 25. Permanent alimony and maintenance 1[28. Appeals from
decrees and orders 28A. Enforcement of decrees and orders An
Act to amend and codify the law relating to marriage among Hindus Be
it enacted by Parliament in the Sixth Year of the
(1) This Act may be called the Hindu Marriage Act, 1955.
(2) It extends to the whole of
(1) This Act applies
(a) to any person who is a Hindu by religion in any of its forms or
developments, including a Virashaiva, a Lingayat or a follower of the Brahmo,
Prarthana or Arya Samaj,
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act extends
who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved
that any such person would not have been governed by the Hindu law or by any
custom or usage as part of that law in respect of any of the matters dealt with
herein if this Act had not been passed.
Explanation : The following persons are Hindus,
Buddhists, Jainas or Sikhs by religion, as the case may be:-
(a) any child, legitimate or illegitimate, both of whose parents are Hindus,
Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu,
Buddhist, Jaina or Sikh by religion and who is brought up as a member of the
tribe, community, group or family to which such parent belongs; and
(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or
Sikh religion.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in
this Act shall apply to the members of any Scheduled Tribe within the meaning
of clause (25) of article 366 of the Constitution unless the Central
Government, by notification in the Official Gazette, otherwise directs.
(3) The expression "Hindu" in any portion of this Act shall be
construed as if it included a person who, though not a Hindu by religion, is,
nevertheless, a person to whom this Act applies by virtue of the provisions
contained in this section. In
this Act, unless the context otherwise requires,
(a) the expressions "custom" and "usage" signify any rule
which, having been continuously and uniformly observed for a long time, has
obtained the force of law among Hindus in any local area, tribe, community,
group or family:
PROVIDED that the rule is certain and not unreasonable or opposed to public
policy:
PROVIDED FURTHER that in the case of a rule applicable only to a family it has
not been discontinued by the family;
(b) "district court" means, in any area for which there is a city
civil court, that court, and in any other area the principal civil court of
original jurisdiction, and includes any other civil court which may be
specified by the State Government, by notification in the Official Gazette, as
having jurisdiction in respect of the matters dealt with in this Act;
(c) "full blood" and "half blood" -two persons are said to
be related to each other by full blood when they were descended from a common
ancestor by the same wife and by half blood when they are descended from a
common ancestor but by different wives;
(d) "uterine blood"- two persons are said to be related to each other
by uterine blood when they are descended from a common ancestress but by
different husbands;
Explanation: In clauses (c) and (d), "ancestor"
includes the father and "ancestress" the mother;
(e) "prescribed" means prescribed by rules made under this Act; (f) (i) "sapinda
relationship" with reference to any person extends as far as the third
generation (inclusive) in the line of ascent through the mother, and the fifth
(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;
(ii) two persons are said to be "sapindas" of each other if one is a
lineal ascendant of the other within the limits of sapinda relationship, or if
they have a common lineal ascendant who is within the limits of sapinda
relationship with reference to each of them; (g) "degrees of prohibited
relationship" -two persons are said to be within the "degrees of
prohibited relationship"-
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the
other; or
(iii) if one was the wife of the brother or of the father’s or mother’s brother
or of the grandfather’s or grandmother’s brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew or
children of brother and sister or of two brothers or of two sisters;
Explanation: For the purposes of clauses (f) and
(g), relationship includes-
(i) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood; and
all terms of relationship in those clauses shall be construed accordingly. Save
as otherwise expressly provided in this Act-
(a) any text, rule or interpretation of Hindu law or any custom or usage as
part of that law in force immediately before the commencement of this Act shall
cease to have effect with respect to any matter for which provision is made in
this Act;
(b) any other law in force immediately before the commencement of this Act
shall cease to have effect insofar as it is inconsistent with any of the
provisions contained in this Act. 5. Conditions for a Hindu marriage A
marriage may be solemnised between any two Hindus, if the following conditions
are fulfilled, namely,-
(i) neither party has a spouse living at the time of the marriage;
1[(ii) at the time of the marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness
of mind; or
(b) though capable of giving a valid consent, has been suffering from mental
disorder of such a kind or to such an extent as to be unfit for marriage and
the procreation of children; or
(c) has been subject to recurrent attacks of insanity 2[***]
(iii) the bridegroom has completed the age of 3[twenty-one years]
and the bride, the age of 4[eighteen years] at the time of the
marriage;
(iv) the parties are not within the degrees of prohibited relationship, unless
the custom or usage governing each of them permits of a marriage between the
two;
(v) the parties are not sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between the two; 5[*
* *] [Repealed
by the Child Marriage Restraint (Amendment) Act, 1978, w.e.f. 7. Ceremonies for a Hindu marriage
(1) A Hindu marriage may be solemnised in accordance with the customary rites
and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptapadi (that is, the taking
of seven steps by the bridegroom and the bride jointly before the sacred fire),
the marriage becomes complete and binding when the seventh step is taken. 8. Registration of Hindu marriages
(1) For the purpose of facilitating the proof of Hindu marriages, the State
Government may make rules providing that the parties to any such marriage may
have the particulars relating to their marriage entered in such manner and
subject to such conditions as may be prescribed in a Hindu Marriage Register
kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government
may, if it is of opinion that it is necessary or expedient so to do, provide
that the entering of the particulars referred to in sub-section (1) shall be
compulsory in the State or in any part thereof, whether in all cases or in such
cases as may be specified, and where any such direction has been issued, any
person contravening any rule made in this behalf shall be punishable with fine
which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State
Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for
inspection, and shall be admissible as evidence of the statements therein
contained and certified extracts therefrom shall, on application, be given by
the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any
Hindu marriage shall in no way be affected by the omission to make the entry. CHAPTER III:
RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION 9. Restitution of conjugal rights 6[*
* *] When either the husband or the wife has, without reasonable excuse,
withdrawn from the society of the other, the aggrieved party may apply, by
petition to the district court, for 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 legal ground why the application should not be granted,
may decree restitution of conjugal rights accordingly. 7[Explanation:
Where a question arises whether there has been reasonable
excuse for withdrawal from the society, the burden of proving reasonable excuse
shall be on the person who has withdrawn from the society.] 8[* * *]
1[(1) Either party to a marriage, whether solemnised before
or after the commencement of this Act, may present a petition praying for a
decree for judicial separation on any of the grounds specified in sub-section
(1) of section 13, and in the case of a wife also on any of the grounds
specified in sub-section (2) thereof, as grounds on which a petition for
divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer
be obligatory for the petitioner to cohabit with the respondent, but the court
may, on the application by petition of either party 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. CHAPTER IV:
NULLITY OF MARRIAGE AND DIVORCE Any
Marriage solemnised after the commencement of this Act shall be null and void
and may, on a petition presented by either party thereto 7[against
the other party], be so declared by a decree of nullity if it contravenes any
one of the conditions specified in clauses (i), (iv) and (v) of section 5.
(1) Any marriage solemnised, whether before or after the commencement of this
Act, shall be voidable and may be annulled by a decree of nullity on any of the
following grounds, namely,-
1[(a) that the marriage has not been consummated owing to the
impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause
(ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in
marriage of the petitioner 9[was required under section 5 as it
stood immediately before the commencement of the Child Marriage Restraint
(Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained
by force 10[or by fraud as to the nature of the ceremony or as to
any material fact or circumstance concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person
other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for
annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1), shall be
entertained if-
(i) the petition is presented more than one year after the force had ceased to
operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other
party to the marriage as husband or wife after the force had ceased to operate
or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be
entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts
alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised
before the commencement of this Act within one year of such commencement and in
the case of marriages solemnised after such commencement within one year from
the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken
place since the discovery by the petitioner of the existence of 11[the
said ground].
(1) Any marriage solemnised, whether before or after the commencement of this
Act, may, on a petition presented by either the husband or the wife, be
dissolved by a decree of divorce on the ground that the other party-
1[(i) has, after the solemnisation of the marriage, had
voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnisation of the marriage, treated the petitioner with
cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two
years immediately preceding the presentation of the petition; or]
(ii) has ceased to be a Hindu by conversion to another religion; or
1[ (iii) has been incurably of unsound mind, or has been
suffering continuously or intermittently from mental disorder of such a kind
and to such an extent that the petitioner cannot reasonably be expected to live
with the respondent.
Explanation: In this clause-
(a) the expression "mental disorder" means mental illness, arrested
or incomplete development of mind, psychopathic disorder or any other disorder
or disability of mind and includes schizophrenia;
(b) the expression "psychopathic disorder" means a persistent
disorder or disability of mind (whether or not including sub-normality of
intelligence) which results in abnormally aggressive or seriously irresponsible
conduct on the part of the other party, and whether or not it requires or is
susceptible to medical treatment or;]
(iv) has 12[* * *] been suffering from a virulent and incurable form
of leprosy; or
(v) has 12[* * *] been suffering from venereal disease in a
communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more
by those persons who would naturally have heard of it, had that party been
alive, 13[* * *]
7[Explanation : In
this sub-section, the expression "desertion" means the desertion of
the petitioner by the other party to the marriage without reasonable cause and
without the consent or against the wish of such party, and includes the wilful
neglect of the petitioner by the other party to the marriage, and its
grammatical variations and cognate expressions shall be construed accordingly.]
14[(1A) Either party to a marriage, whether solemnised before
or after the commencement of this Act, may also present a petition for the
dissolution of the marriage by a decree of divorce on the ground-
(i) that there has been no resumption of cohabitation as between the parties to
the marriage for a period of 15[one year] or upwards after the
passing of a decree for judicial separation in a proceeding to which they were
parties; or
(ii) that there has been no restitution of conjugal rights as between the
parties to the marriage for a period of 15[one year] or upwards
after the passing of a decree for restitution of conjugal rights in a
proceeding to which they were parties.]
(2) A wife may also present a petition for the dissolution of her marriage by a
decree of divorce on the ground-
(i) in the case of any marriage solemnised before the commencement of this Act,
that the husband had married again before such commencement or that any other
wife of the husband married before such commencement was alive at the time of
the solemnisation of the marriage of the petitioner:
PROVIDED that in either case the other wife is alive at the time of the
presentation of the petition; or
(ii) that the husband has, since the solemnisation of the marriage, been guilty
of rape, sodomy or 16[bestiality; or]
7[(iii) that in a suit under section 18 of Hindu Adoptions
and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of
the Code of Criminal Procedure, 1973 (2 of 1974) (or under the corresponding
section 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or
order, as the case may be, has been passed against the husband awarding
maintenance to the wife notwithstanding that she was living apart and that
since the passing of such decree or order, cohabitation between the parties has
not been resumed for one year or upwards;
(iv) that her marriage (whether consummated or not) was solemnised before she
attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.
Explanation: This clause applies whether the
marriage was solemnised before or after the commencement of the Marriage Laws
(Amendment) Act, 1976 (68 of 1976). 7[13A. Alternate relief in divorce
proceedings In
any proceeding under this Act, on a petition for dissolution of marriage by a
decree of divorce, except insofar as the petition is founded on the grounds
mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the
court may, if it considers it just so to do having regard to the circumstances
of the case, pass instead a decree for judicial separation. 13B. Divorce by mutual consent
(1) Subject to the provisions of this Act a petition for dissolution of marriage
by a decree of divorce may be presented to the district court by both the
parties to a marriage together, whether such marriage was solemnised before or
after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976),
on the ground that they have been living separately for a period of one year or
more, that they have not been able to live together and that they have mutually
agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after
the date of the presentation of the petition referred to in sub-section (1) and
not later than eighteen months after the said date, if the petition is not
withdrawn in the meantime, the court shall, on being satisfied, after hearing
the parties and after making such inquiry as it thinks fit, that a marriage has
been solemnised and that the averments in the petition are true, pass a decree
of divorce declaring the marriage to be dissolved with effect from the date of
the decree.] 14. No petition for divorce to be
presented within one year of marriage
(1) Notwithstanding anything contained in this Act, it shall not be competent
for any court to entertain any petition for dissolution of a marriage by a
decree of divorce, 1[unless at the date of the presentation of the
petition one year has elapsed] since the date of the marriage:
PROVIDED that the court may, upon application made to it in accordance with
such rules as may be made by the High Court in that behalf, allow a petition to
be presented 1[before one year has elapsed] since the date of the
marriage on the ground that the case is one of exceptional hardship to the
petitioner or of exceptional depravity on the part of the respondent, but if it
appears to the court at the hearing of the petition that the petitioner
obtained leave to present the petition by any misrepresentation or concealment
of the nature of the case, the court may, if it pronounces a decree, do so
subject to the condition that the decree shall not have effect until after the 1[expiry
of one year] from the date of the marriage or may dismiss the petition without
prejudice to any petition which may be brought after 1[expiration of
the said one year] upon the same or substantially the same facts as those
alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a
petition for divorce before the 1[expiration of one year] from the
date of the marriage, the court shall have regard to the interests of any
children of the marriage and to the question whether there is a reasonable
probability of a reconciliation between the parties before the expiration of
the 1[said one year]. 15. Divorced persons when may marry
again 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 the marriage to marry again. 12[*
* *] 17[16. Legitimacy of children of void and
voidable marriages
(1) Notwithstanding that marriage is null and void under section 11, any child
of such marriage who would have been legitimate if the marriage had been valid,
shall be legitimate, whether such child is born before or after the
commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and
whether or not a decree of nullity is granted in respect of that marriage under
this Act and whether or not the marriage is held to be void otherwise than on a
petition under this Act.
(2) Where a decree of nullity is granted in respect of a voidable marriage
under section 12, any child begotten or conceived before the decree is made,
who would have been the legitimate child of the parties to the marriage if at
the date of the decree it had been dissolved instead of being annulled, shall
be deemed to be their legitimate child notwithstanding the decree of nullity.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed
as conferring upon any child of a marriage which is null and void or which is
annulled by a decree of nullity under section 12, any rights in or to the
property of any person, other than the parents, in any case where, but for the
passing of this Act, such child would have been incapable of possessing or
acquiring any such rights by reason of his not being the legitimate child of
his parents.] Any
marriage between two Hindus solemnised after commencement of this Act is void
if at the date of such marriage either party had a husband or wife living; and
the provisions of sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860),
shall apply accordingly. 18. Punishment for contravention of
certain other conditions for a Hindu marriage Every
person who procures marriage of himself or herself to be solemnised under this
Act in contravention of the conditions specified in clauses (iii), (iv), 18[and
(v)] of section 5 shall be punishable-
(a) in the case of a contravention of the condition specified in clause (iii)
of section 5, with simple imprisonment which may extend to fifteen days, or
with fine which may extend to one thousand rupees, or with both;
(b) in the case of a contravention of the condition specified in clause (iv) or
clause (v) of section 5, with simple imprisonment which may extend to one
month, or with fine which may extend to one thousand rupees, or with both; 19[***] CHAPTER V:
JURISDICTION AND PROCEDURE 1[19. Court to which petition shall be
presented Every
petition under this Act shall be presented to the District Court within the
local limits of whose ordinary original civil jurisdiction-
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides,
or
(iii) the parties to the marriage last resided together, or
(iv) the petitioner is residing at the time of the presentation of the
petition, in a case where the respondent is, at that time, residing outside the
territories to which this Act extends, or has not been heard of as being alive
for a period of seven years or more by those persons who would naturally have
heard of him if he were alive.] 20. Contents and verification of
petitions
(1) Every petition presented under this Act shall state as distinctly as the
nature of the case permits the facts on which the claim to relief is founded 20[and,
except in a petition under section 11, shall also state] that there is no
collusion between the petitioner and the other party to the marriage.
(2) The statements contained in every petition under this Act shall be verified
by the petitioner or some other competent person in the manner required by law
for the verification of plaints, and may, at the hearing, be referred to as
evidence. 21. Application of Act 5 of 1908 Subject
to the other provisions contained in this Act and to such rules as the High
Court may make in this behalf, all proceedings under this Act shall be
regulated, as far as may be, by the Code of Civil Procedure, 1908. 21[21A. Power to transfer petitions in
certain cases
(1) Where-
(a) a petition under this Act has been presented to a district court having
jurisdiction by a party to a marriage praying for a decree for judicial
separation under section 10 or for a decree of divorce under section 13, and
(b) another petition under this Act has been presented thereafter by the other
party to the marriage praying for a decree for judicial separation under
section 10 or for a decree of divorce under section 13 on any ground, whether
in the same District Court or in a different District Court, in the same State
or in a different State, the
petitions shall be dealt with as specified in sub-section (2).
(2) In a case where sub-section (1) applies,
(a) if the petitions are presented to the same District Court, both the
petitions shall be tried and heard together by that District Court;
(b) if the petitions are presented to different District Courts, the petition
presented later shall be transferred to the District Court in which the earlier
petition was presented and both the petitions shall be heard and disposed of
together by the District Court in which the earlier petition was presented.
(3) In a case where clause (b) of sub-section (2) applies, the court or the
Government, as the case may be, competent under the Code of Civil Procedure,
1908 (5 of 1908), to transfer any suit or proceeding from the District Court in
which the later petition has been presented to the District Court in which the
earlier petition is pending, shall exercise its powers to transfer such later
petition as if it had been empowered so to do under the said Code. 21B. Special provision relating to
trial and disposal of petitions under the Act
(1) The trial of a petition under this Act shall, so far as is practicable
consistently with the interests of justice in respect of the trial, be
continued from day to day until its conclusion unless the court finds the
adjournment of the trial beyond the following day to be necessary for reasons
to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible
and endeavour shall be made to conclude the trial within six months from the
date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible,
and endeavour shall be made to conclude the hearing within three months from
the date of service of notice of appeal on the respondent. Notwithstanding
anything in any enactment to the contrary, no document shall be inadmissible in
evidence in any proceeding at the trial of a petition under this Act on the
ground that it is not duly stamped or registered.] 1[22. Proceedings to be in camera and
may not be printed or published
(1) Every proceeding under this Act shall be conducted in camera and it shall
not be lawful for any person to print or publish any matter in relation to any
such proceeding except a judgement of the High Court or of the Supreme Court
printed or published with the previous permission of the Court.
(2) If any person prints or publishes any matter in contravention of the
provisions contained in sub-section (1), he shall be punishable with fine which
may extend to one thousand rupees.]
(1) In any proceeding under this Act, whether defended or not, if the court is
satisfied that-
(a) any of the grounds for granting relief exists and the petitioner 7[except
in cases where the relief is sought by him on the ground specified in
sub-clause (a), sub-clause (b) or sub-clause (c) of clause (ii) of section 5]
is not in any way taking advantage of his or her own wrong or disability for
the purpose of such relief, and
(b) where the ground of the petition is the ground specified 12[* *
*] in clause (i) of sub-section (1) of section 13, the petitioner has not in
any manner been accessory to or connived at or condoned the act or acts
complained of, or where the ground of the petition is cruelty the petitioner
has not in any manner condoned the cruelty, and
7[(bb) when a divorce is sought on the ground of mutual
consent, such consent has not been obtained by force, fraud or undue influence,
and]
(c) 22[the petition (not being a petition presented under section
11)] is not presented or prosecuted in collusion with the respondent, and
(d) there has not been any unnecessary or improper delay in instituting the
proceeding, and
(e) there is no other legal ground why relief should not be granted, then,
and in such a case, but not otherwise, the court shall decree such relief
accordingly.
(2) Before proceeding to grant any relief under this Act, it shall be the duty
of the court in the first instance, in every case where it is possible so to do
consistently with the nature and circumstances of the case, to make every
endeavour to bring about a reconciliation between the parties:
7[PROVIDED that nothing contained in this sub-section shall
apply to any proceeding wherein relief is sought on any of the grounds
specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or
clause (vii) of sub-section (1) of section 13.]
7[(3) For the purpose of aiding the court in bringing about
such reconciliation, the court may, if the parties so desire or if the court
thinks it just and proper so to do, adjourn the proceedings for a reasonable
period not exceeding fifteen days and refer the matter to any person named by
the parties in this behalf or to any person nominated by the court if the
parties fail to name any person, with directions to report to the court as to
whether reconciliation can be and has been, effected and the court shall in
disposing of the proceeding have due regard to the report.
(4) In every case where a marriage is dissolved by a decree of divorce, the
court passing the decree shall give a copy thereof free of cost to each of the
parties.] 7[23A. Relief for respondent in divorce
and other proceedings In
any proceeding for divorce or judicial separation or restitution of conjugal
rights, the respondent may not only oppose the relief sought on the ground of
petitioner’s adultery, cruelty or desertion, but also make a counter-claim for
any relief under this Act on that ground; and if the petitioner’s adultery,
cruelty or desertion is proved, the court may give to the respondent any relief
under this Act to which he or she would have been entitled if he or she had
presented a petition seeking such relief on that ground]. 24. Maintenance pendente lite and
expenses of proceedings Where
in any proceeding under this Act it appears to the court that either the wife
or the husband, as the case may be, has no independent income sufficient for
her or his support and the necessary expenses of the proceeding, it may, on the
application of the wife or the husband, order the respondent to pay to the
petitioner the expenses of the proceeding, and monthly during the proceeding
such sum as, having regard to the petitioner’s own income and the income of the
respondent, it may seem to the court to be reasonable. 25. Permanent alimony and maintenance
(1) Any court exercising jurisdiction under this Act, may, at the time of
passing any decree or at any time subsequent thereto, on application made to it
for the purpose by either the wife or the husband, as the case may be, order
that the respondent shall 23[* * *] pay to the applicant for her or
his maintenance and support such gross sum or such monthly or periodical sum
for a term not exceeding the life of the applicant as, having regard to the
respondent’s own income and other property, if any, the income and other
property of the applicant, 1[the conduct of the parties and other
circumstances of the case], it may seem to the court to be just, and any such
payment may be, secured, if necessary, by a charge on the immovable property of
the respondent.
(2) If the court is satisfied that there is a change in the circumstances of
either party at any time after it has made an order under sub-section (1), it
may at the instance of either party, vary, modify or rescind any such order in
such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been
made under this section has re-married or, if such party is the wife, that she
has not remained chaste, or, if such party is the husband, that he has had
sexual intercourse with any woman outside wedlock, 1[it may at the
instance of the other party vary, modify or rescind any such order in such
manner as the court may deem just]. In
any proceeding under this Act, the court may, from time to time, pass such
interim orders and make such provisions in the decree as it may deem just and
proper with respect to the custody, maintenance and education of minor
children, consistently with their wishes, wherever possible, and may, after the
decree, upon application by petition for the purpose, make from time to time,
all such orders and provisions with respect to the custody, maintenance and
education of such children as might have been made by such decree or interim
orders in case the proceeding for obtaining such decree were still pending, and
the court may, also from time to time revoke, suspend or vary any such orders
and provisions previously made. In
any proceeding under this Act, the court may make such provisions in the decree
as it deems just and proper with respect to any property presented, at or about
the time of marriage, which may belong jointly to both the husband and the
wife. 1[28. Appeals from decrees and orders
(1) All decrees made by the court in any proceeding under this Act shall,
subject to the provisions of sub-section (3), be appealable as decrees of the
court made in the exercise of its original civil jurisdiction, and every such
appeal shall lie to the court to which appeals ordinarily lie from the
decisions of the court given in the exercise of its original civil
jurisdiction.
(2) Orders made by the court in any proceeding under this Act under section 25
or section 26 shall, subject to the provisions of sub-section (3), be
appealable if they are not interim orders, and every such appeal shall lie to
the court to which appeals ordinarily lie from the decisions of the court given
in exercise of its original civil jurisdiction.
(3) There shall be no appeal under this section on the subject of costs only.
(4) Every appeal under this section shall be preferred within a period of
thirty days from the date of the decree or order. 28A. Enforcement of decrees and orders All
decrees and orders made by the court in any proceeding under this Act shall be
enforced in the like manner as the decrees and orders of the court made in the
exercise of its original civil jurisdiction for the time being are enforced.]
(1) A marriage solemnised between Hindus before the commencement of this Act,
which is otherwise valid, shall not be deemed to be invalid or ever to have
been invalid by reason only of the fact that the parties thereto belonged to
the same gotra or pravara or belonged to different religions, castes or
sub-divisions of the same caste.
(2) Nothing contained in this Act shall be deemed to affect any right
recognised by custom or conferred by any special enactment to obtain the
dissolution of a Hindu marriage, whether solemnised before or after the commencement
of this Act.
(3) Nothing contained in this Act shall affect any proceeding under any law for
the time being in force for declaring any marriage to be null and void or for
annulling or dissolving any marriage or for judicial separation pending at the
commencement of this Act, and any such proceeding may be continued ant
determined as if this Act had not been passed.
(4) Nothing contained in this Act shall be deemed to affect the provisions
contained in the Special Marriage Act, 1954, (43 of 1954) with respect to
marriages between Hindus solemnised under that Act, whether before or after the
commencement of this Act. [Repealed
by Repealing and Amending Act, 1960 (58 of 1960), w.e.f. 26-12-1960] 1
Substituted by Act No. 68 of 1976, w.e.f. 27th. May, 1976. 2
Words "or epilepsy" omitted by Marriage Laws (Amendment) Act, 1999,
w.e.f. 29th. December, 1999. 3
Substituted for the words "eighteen years" by Act No. 2 of 1978
w.e.f. 1st. October, 1978. 4
Substituted for the words "fifteen years" by Act No. 2 of 1978
w.e.f. 1st. October, 1978. 5
Clause (vi) omitted by Act No. 2 of 1978, w.e.f. 1st. October, 1978. 6
The brackets and figure "(1)" omitted by Act No. 68 of 1976, w.e.f.
27th. May, 1976. 7
Inserted by Act No. 68 of 1976, w.e.f. 27th. May, 1976. 8
Sub-section (2) omitted by Act No. 68 of 1976, w.e.f. 27th. May, 1976. 9
Substituted by Act No. 2 of the 1978 for the words and numerals "is
required under section 5" w.e.f. 1st. October, 1978. 10
Substituted for the words "or fraud" by Act No. 68 of 1976 w.e.f.
27th. May, 1976. 11
Substituted by Act No. 68 of 1976 for words "the grounds for a
decree", w.e.f. 27th. May, 1976. 12
Omitted by Act No. 68 of 1976, w.e.f. 27th. May, 1976. 13
Word "or" at the end of clause (vii), (viii) and (ix) omitted by Act
No. 44 of 1964. 14
Inserted by Act No. 44 of 1964. 15
Substituted for the words "two years" by Act No. 68 of 1976, w.e.f.
27th. May, 1976. 16
Substituted by Act No. 68 of 1976 for word "bestiality", w.e.f. 27th.
May, 1976. 17
Substituted by Act No. 68 of 1976 for section 16. 18
Substituted by Act No. 2 of 1978 for "(v) and (vi)" w.e.f. 1st.
October, 1978. 19
Word "and" & clause (c) omitted by Act No. 2 of 1978, w.e.f. 1st.
October, 1978. 20
Substituted for the words "and shall also state" by Act No. 68 of
1976, w.e.f. 27th. May, 1976. 21
Secs. 21A, 21B and 21C inserted by Act No. 68 of 1976, w.e.f. 27th. May, 1976. 22
Substituted by Act No. 68 of 1976 for the words "the petition",
w.e.f. 27th. May, 1976. 23
The words "while the applicant remains unmarried" omitted by Act No.
68 of 1976. | ||||||||