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THE HINDU MARRIAGE ACT, 1955 |
(Act 25 of 1955)[18th May, 1955] |
An Act to amend and codify the law relating to marriage among Hindus. |
Preliminary |
1. Short title and extent.-(1) This Act may be called the Hindu Marriage Act, |
1955. |
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to |
Hindus domiciled in the territories to which this Act extends who are outside the said territories. |
2. Application of Act.- (1) This Act applies,- |
(a) to any person who is a Hindu by religion in any of 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 tribe, community, group or family to which such |
parents belongs or belonged; and |
(c) any person who is a convert or re-convert to the Hindus, 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 "Hindus" 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 whom this Act applies by virtue of |
the provisions contained in this section. |
3. Definitions.- In this Act, unless the context otherwise requires,- |
(a) the expression "custom" and "usage" signify any rule which, having been continuously and |
uniformally 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; |
and |
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 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 are 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 ancestor 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 "sapinda" 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 or 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. |
4. Overriding effect of Act.- 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 in so far as it is inconsistent with any of the provisions contained in this Act. |
Hindu Marriages |
5. Condition 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; |
(ii) at the time of the marriage, neither party,- |
(a) is incapable of giving a valid consent of 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 or epilepsy; |
(iii) the bridegroom has completed the age of twenty one years and the bride the age 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; |
(vi) (Omitted) |
6. Guardianship in Marriage.- (Omitted by Marriage Laws (Amendment) Act, 1976. |
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 |
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