The Hindu Marriage Act, 1955 governs marriages of Hindus, Buddhists, Jains and Sikhs. It sets conditions for a valid marriage such as monogamy, minimum age and consent, provides for registration, defines void and voidable marriages, and contains remedies including restitution of conjugal rights, judicial separation, divorce, mutual consent divorce and maintenance.
Conditions of valid marriage
- Neither party has a living spouse
- Capacity to consent
- Minimum age: 21 for groom, 18 for bride
- Not within prohibited degrees unless custom permits
Void and voidable marriages
Bigamous marriages are void; marriages with impotence or consent by fraud can be voidable.
Matrimonial remedies
- Restitution of conjugal rights (Section 9)
- Judicial separation (Section 10)
- Divorce (Section 13)
- Mutual consent divorce (Section 13B)
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Interim and permanent maintenance under Sections 24 and 25, and custody under Section 26.
Frequently asked questions
Is registration mandatory?
Many states make registration compulsory; it is strongly recommended.
Can inter-religion couples marry under HMA?
Only if both are within its scope; otherwise use the Special Marriage Act.
Is irretrievable breakdown a ground?
Not a statutory ground, though the Supreme Court can dissolve marriages under Article 142.
Does HMA cover live-in relationships?
No, though other laws may give some protections.
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