5. Conditions for a Hindu marriage.—
A marriage may be solemnized 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
1. Subs. by Act 68 of 1976, s. 2, for clause (ii) (w.e.f. 27-5-1976).
4
(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 1***;]
(iii) the bridegroom has completed the age of 2 [twenty-one years] and the bride, the age
3
of [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;
4
* * * * * *
6. [Guardianship in marriage.]—Omitted by the Child Marriage Restraint (Amendment) Act, 1978,
(2 of 1978), s. 6 and Schedule (w.e.f. 1-10-1978).
7. Ceremonies for a Hindu marriage.—
(1) A Hindu marriage may be solemnized 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.
RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
9. Restitution of conjugal right.—5** * 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.
6
[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.]
7
* * * * * *
1. The words “or epilepsy” omitted by Act 39 of 1999, s. 2 (w.e.f. 29-12-1999).
2. Subs. by Act 2 of 1978, s. 6 and Schedule for “elighteen years” (w.e.f. 1-10-1978).
3. Subs. by s. 6 and Schedule, ibid., for “fifteen years” (w.e.f. 1-10-1978).
4. Clause (vi) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978).
5. The brackets and figure “
(1)” omitted by Act 68 of 1976, s. 3 (w.e.f. 27-5-1976).
6. Ins. by s. 3, ibid. (w.e.f. 27-5-1976).
7. Sub-section
(2) omitted by s. 3, ibid. (w.e.f. 27-5-1976).
5
10. Judicial separation.—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.
NULLITY OF MARRIAGE AND DIVORCE
11. Void marriages.—Any marriage solemnised after the commencement of this Act shall be null
and void and may, on a petition presented by either party thereto 2[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.
12. Voidable marriages.—
(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:—
3
[
(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 4[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 5 [or by fraud as to the nature of the ceremony or as to any material fact or
circumstances 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 6[the said ground].
1. Subs. by Act 68 of 1976, s. 4, for sub-section
(1) (w.e.f. 27-5-1976).
2. Ins. by s. 5, ibid. (w.e.f. 27-5-1976).
3. Subs. by s. 6, ibid., for clause
(a) (w.e.f. 27-5-1976).
4. Subs. by Act 2 of 1978, s. 6 and Schedule, for “is required under section 5” (w.e.f. 1-10-1978).
5. Subs. by Act 68 of 1976, s. 6, for “or fraud” (w.e.f. 27-5-1976).
6. Subs. by s. 6, ibid., for “the grounds for a decree” (w.e.f. 27-5-1976).
6
13. Divorce.—
(1) Any marriage solemnized, 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 solemnization of the marriage, had voluntary sexual intercourse with any
person other than his or her spouse; or
(ia) has, after the solemnization 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
2
[(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]
3
* * * * *
4
(v) has * * * 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; 5***
6
* * * * * *
[Explanation.—In this sub-section, the expression “desertion” means the desertion of the
7
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.]
8
[(1A) Either party to a marriage, whether solemnized 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 9[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 9[one year] or upwards after the passing of a decree for restitution of conjugal rights in a
proceeding to which they were parties.]
1. Subs. by Act 68 of 1976, s. 7, for clause
(i) (w.e.f. 27-5-1976).
2. Subs. by s. 7, ibid., for clause (iii) (w.e.f. 27-5-1976).
3. Clause (iv) omitted by Act 6 of 2019, s. 5 (w.e.f. 1-3-2019).
4. Certain words omitted by s. 7, ibid. (w.e.f. 27-5-1976).
5. The word “or” omitted by Act 44 of 1964, s. 2, ibid. (w.e.f. 20-12-1964).
6. Clauses (viii) and (ix) omitted by s. 2, ibid. (w.e.f. 20-12-1964).
7. Ins. by Act 68 of 1976, s. 7 (w.e.f. 27-5-1976).
8. Ins. by Act 44 of 1964, s. 2 (w.e.f. 20-12-1964).
9. Subs. by Act 68 of 1976, s. 7, for “two years” (w.e.f. 27-5-1976).
7
(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 solemnized 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 solemnization 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 solemnization of the marriage, been guilty of rape, sodomy or
1
[bestiality; or]
2
[(iii) that in a suit under section 18 of the 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 solemnized 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 solemnized before or after the
commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976).]
STATE AMENDMENT
Uttar Pradesh
Amendment of section 13 of Act XXV of 1955.—In sub-section
(1) of section 13 of the Hindu Marriage
Act, 1955,--
(a) after clause
(i) the following new cause shall be inserted and shall be deemed always to have
been inserted;
“(i-a) has persistently or repeatedly treated the petitioner with such cruelty as to cause a
reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the
petitioner to live with the other party ;or”, and
(b) for clause (vii), the following clause shall be substituted and shall be deemed always to have
been substituted;
“(viii) has not resumed cohabitation after the passing of a decree for judicial separation against
that party and—
(a) a period of two years has elapsed since the passing of such decree, or
(b) the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part
of the other party; or”.
[Vide Uttar Pradesh Act XIII of 1962, s. 2]
3
[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 in so far 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.
1. Subs. by Act 68 of 1976, s. 7, for “bestiality” (w.e.f. 27-5-1976).
2. Ins. by s. 7, ibid. (w.e.f. 27-5-2976).
3. Ins. by s. 8, ibid. (w.e.f. 27-5-1976).
8
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 solemnized 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 solemnized 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 4[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 2[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 3[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 4[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 5[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.
6
* * * * * *
7
[16. Legitimacy of children of void and voidable marriages.—
(1) Notwithstanding that a 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.
1. Subs. by Act 68 of 1976, s. 9, for certain words (w.e.f. 27-5-1976).
2. Subs. by s. 9, ibid., for “expiry of three years” (w.e.f. 27-5-1976).
3. Subs. by s. 9, ibid., for “expiration of the said one year” (w.e.f. 27-5-1976).
4. Subs. by s. 9, ibid., for “expiry of three years” (w.e.f. 27-5-1976).
5. Subs. by s. 9, ibid., for “said three years” (w.e.f. 27-5-1976).
6. Proviso omitted by s.10, ibid. (w.e.f. 27-5-1976).
7. Subs. by s. 11, ibid., for s. 16 (w.e.f. 27-5-1976).
9
(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.]
17. Punishment of bigamy.—Any marriage between two Hindus solemnized after the
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 a marriage of himself or herself to be solemnized under this Act in contravention of
the conditions specified in clauses (iii), (iv), 1[and
(v)] of section 5 shall be punishable—
2
[
(a) in the case of contravention of the condition specified in clause (iii) of section 5, with
rigorous imprisonment which may extend to two years or with fine which may extend to one lakh
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; 3* * *
4
* * * * * *
JURISDICTION AND PROCEDURE
5
[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 solemnized, 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
6
[(iiia) in case the wife is the petitioner, wher she is residing on the date of presentation of the
petition; 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 7[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.
1. Subs. by Act 2 of 1978, s. 6 and Schedule, for “
(v) and (vi)” (w.e.f. 1-10-1978).
2. Subs. by Act 6 of 2007, s. 20 (w.e.f. 30-10-2007).
3. The word “and” omitted by Act 2 of 1978, s. 6 and Schedule (w.e.f. 1-10-1978).
4. Clause
(c) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978).
5. Subs. by Act 68 of 1976, s. 12, for s. 19 (w.e.f. 27-5-1976).
6. Ins. by Act 50 of 2003, s. 4 (w.e.f. 23-12-2003).
7. Subs. by Act 68 of 1976, s. 13, for “and shall also State” (w.e.f. 27-5-1976).
10
1
[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.
21C. Documentary evidence.—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.]
2
[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 judgment 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.]
23. Decree in proceedings.—
(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 3[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
1. Ins. by Act 68 of 1976, s. 14, (w.e.f. 27-5-1976).
2. Subs. by s. 15, ibid., for s. 22 (w.e.f. 27-5-1976).
3. Ins. by s. 16, ibid. (w.e.f. 27-5-1976).
11
(b) where the ground of the petition is the ground specified 1* * * 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
2
[(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]
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