Important Points Of Hindu Marriage Act 1955
The Hindu Marriage Act of 1955 is a significant legislation
governing Hindu marriages in India. Here are some important points of the Act:
Applicability: The Act applies to all Hindus, including
Buddhists, Jains, and Sikhs. It also applies to any person who is not a Muslim,
Christian, Parsi, or Jew by religion, unless it is proved that such person
would not have been governed by Hindu law.
Conditions for Marriage: According to the Act, conditions
for a Hindu marriage include sound mind, age of consent (18 years for brides
and 21 years for grooms), absence of prohibited relationships (sapindas), and
monogamy.
Prohibited Relationships: The Act prohibits marriage between
certain relatives within specified degrees of relationship (sapindas). These
are relationships which disallow marriage due to close blood relations.
Solemnization of Marriage: Hindu marriages can be solemnized
according to customary rites and ceremonies, or through rituals recognized by
Hindu religious customs.
Registration of Marriage: Registration of Hindu marriages is
not mandatory, but it is advisable to register to establish legal validity and
protect rights, especially in case of disputes or for legal documentation.
Void and Voidable Marriages: The Act declares certain
marriages as void (null and invalid from the beginning) and voidable (capable
of being annulled under specified circumstances). Void marriages include those
in contravention of the prohibited relationship rules, while voidable marriages
may involve conditions like fraud, impotence, or unsoundness of mind.
Rights and Duties of Spouses: The Act lays down rights and
duties of spouses in Hindu marriages including the right to maintenance, right
to reside in the matrimonial home, and obligations towards each other and their
children.
Divorce and Dissolution of Marriage: The Act provides
provisions for divorce and dissolution of marriage under specified
circumstances like cruelty, adultery, desertion, or voluntary conversion to
another religion.
Restitution of Conjugal Rights: It also includes provisions
for the restitution of conjugal rights, which means the right of a spouse to
petition the court to order the other spouse to live together.
Maintenance and Alimony: The Act provides for maintenance
and alimony to the spouse and children in case of divorce or judicial
separation.
Custody of Children: It also addresses the issue of custody
and guardianship of children in case of divorce or separation, ensuring their
welfare and best interests.
The Hindu Marriage Act of 1955 has been amended several
times to keep it in tune with contemporary social realities and to address
emerging issues. It forms the bedrock of legal framework governing Hindu
marriages in India.