Table of Contents
INTRODUCTION
An Act which is also popularly known as the Hindu Marriage Act regulates marriages of Hindus. It provides conditions that validate a marriage, nullify it, end the marriage or reconciles married couples. It also provides information about the courts which legally hear the proceedings related to HMA 1955
The following questions always arise when we talk about Hindu marriage which is as-
- Who is a Hindu for marriage under the HMA Act?
- What are marriage rules among Hindus?
- What is the age of marriage in India in 2022?
- Can I do second marriage without divorce in India?
- Can a man marry two wives legally?
- Is marrying in another cast legal in Hindus?
- What are the Hindu Marriage Act divorce processes?
- Can people of other religions marry through pheras (Saptapadi)?
There were concepts of polygamy (having more than one wife) among Hindus which have been eliminated through Hindu Marriage Act, of 1955. Various other changes have been introduced into the historic Hindu practices of marriage via the HMA Act. Hindu culture is well known for hundreds of rituals during marriages. Saat Pheras (Legally termed as Saptapadi or circles around the holy fire) are taken as the ultimate act necessary for a marriage. But people still have almost zero clarity over how things are legally acceptable.
Short title and extent (Section 1)
- This Act may be called the Hindu Marriage Act, of 1955.
- 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
Application of Act (Section 2)
This Act applies
- To any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat, or a follower of the Brahmo, Prarthana, or Arya Samaj
- To any person who is a Buddhist, Jaina, or Sikh by religion, and
- 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:
- any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
- 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 the tribe, community, group or family to which such parent belongs or belonged; and
- any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
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
The expression Hindu 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 to whom this Act applies by virtue of the provisions contained in this section. State Amendment Pondicherry:
In section 2, insert the following sub-section: (2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry . [ Vide Regn. 7 of 1963, sec. 2 and Sch. (w.e.f. 1-10-1963).]
Definitions (Section 3)
In this Act, unless the context otherwise requires
Custom and Usage
The expressions “custom” and “usage” signify any rule that, having been continuously and uniformly 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
District Court
“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 the matters dealt with in this Act;
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;
Uterine Blood
Two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands; Explanation.—In clauses (c) and (d), “ancestor” includes the father and “ancestress” the mother
Prescribed
Prescribed means prescribed by rules made under this Act
Sapinda Relationship
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
two persons are said to be “Sapindas” 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
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 of the other
(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), the 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;
Overriding effect of Act (Section 4)
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.
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