Hindu Marriage Act, 1955
Comprehensive legal framework governing Hindu marriages, divorce, maintenance, and related matters in India.
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Introduction
Enacted to regulate marriages among Hindus, the Act replaced personal customs with uniform rules on marriage validity, divorce, maintenance, legitimacy of children, and more.
Applicability
Applies to Hindus by birth or conversion (including Buddhists, Jains, Sikhs), and their legitimate and illegitimate children; excludes Muslims, Christians, Parsis, and Jews.
Key Provisions
• Section 5: Conditions for valid marriage (age, monogamy, sound mind, prohibited relationships) • Section 7: Ceremonies (customs like Saptapadi) • Section 9: Restitution of conjugal rights • Section 13: Grounds for divorce (adultery, cruelty, desertion, conversion, insanity, disease, renunciation, presumption of death) • Section 13(2): Special grounds available to wife
1. Related Hindu Laws
• Hindu Succession Act, 1956 (inheritance)
• Hindu Adoption and Maintenance Act, 1956 (adoption, maintenance)
• Hindu Minority and Guardianship Act, 1956 (guardianship of minors)
Marriage Registration
Though not mandatory under the Act, registration is recommended for legal proof and spouse rights protection; usually handled under state implementation of the Act.
Court Fees and Timelines
Divorce petitions generally incur court‑specified filing fees; petitions under Section 14 (divorce) cannot be filed before one year of marriage without special leave.
Mandatory Waiting Period
Section 14 imposes a one‑year cooling‑off before filing for divorce; Section 9 petitions for restitution have no statutory waiting period.
DoStartup Support
Guidance on petition drafting for marriage, separation, and divorce
Advice on compliance with Conditions (Section 5) and procedures (Sections 7, 9, 13)
Assistance with documentation and court filings
Expert help on maintenance and alimony claims
Support in navigating related Hindu personal laws