Marriage is one of the most significant institutions in human society, forming the foundation of social ties and rights between spouses and establishing the positions of their children. Recognized universally, marriage involves prescribed steps to complete the union, changing social status, and bringing new responsibilities. This article focuses on the Hindu Marriage Act of 1955, a pivotal law that governs Hindu marriages, including aspects like restitution of conjugal rights, judicial separation, divorce, annulment, maintenance, and guardianship. Before delving into the act’s details, it’s essential to understand its historical context, as established by the legislature in 1955.
What is Hindu Marriage Act
Hindu Marriage Act or HMA, is an act enacted by the parliament on 18th May, 1955. Hindu Marriage Act is a codified law, consisting of guidelines and regulations regarding the marriage between hindus. The act aims to protect the holy bond of marriage between the hindus and that’s why it governs hindu marriage, restitution of conjugal rights which falls under section 9 of the act, judicial separations, divorce, annulment of marriage, maintenance, and guardianship.
Purpose of Hindu Marriage Act
As far as the purpose of the Hindu Marriage Act is concerned then it was to amend and codify the law governing the marriage between hindus. Hindu Marriage Act contained the provisions for divorce and separation as both of them were also covered in Sastrik Law or Old Hindu Law. The enactment of the act led to the uniform applicability of the act to all the hindu groups. However, In India there are certain religions that have their own civil laws that regulate their followers.
Structure of The Hindu Marriage Act
The Hindu Marriage Act is an act passed by the Parliament of India on 18th May, 1955 and along with it, The Hindu Succession Act, 1956, The Hindu Minority and guardianship Act, 1956, and The Hindu Adoptions and Maintenance Act, 1956 were also passed as a part of Hindu Code Bills. The Hindu Marriage Act, 1955 ultimately aims to safeguard the legal rights of the hindu brides and grooms who are joined by the holy bond of marriage. However, the ceremony that must be performed in order to validate a marriage is not clearly specified by the law because there are numerous methods which can be adopted by a man and woman to validate their wedding under hindu tradition.
Overview: Six Chapters and 29 Sections of the 1955 HMA
Chapter I- Preliminary- This is the first chapter of the Hindu marriage Act, 1955 which contains from section 1 to 4. This chapter deals with the short title and extent of the act, along with the applicability of the act. Also the act deals with the definition part of all the terminologies used in the act along with the overriding effect of the act.
Chapter II- Hindu Marriages- Next chapter is named as Hindu Marriages, where there are total four sections namely section 5,6,7,8 and among these, section 6 is omitted but we have other sections like section 5 that talks about the condition for the hindu marriage including the legal as well as other societal conditions. Then comes ceremonies section 7 of hindu marriage act that are compulsory to be performed and the registration of marriage with the state government.
Chapter III- Restitution of conjugal rights and judicial separation- Chapter III which talks about the restitution of conjugal rights and judicial separation where section 9 deals with the restitution of conjugal rights in case of withdrawal of one of the parties to marriage from the other’s society and section 10 says about the judicial separation which simply means that on any ground mentioned in the section 13 that might have presented for the divorce.
Chapter IV- Nullity of marriage and divorce- This chapter puts light on the validity of the marriage, whether it is void which is section 11 of hindu marriage act, voidable under section 12 of hindu marriage act or if the marriage is not going well then in that case, divorce section 13 of the act. Later it also discusses the provisions related to the proceedings of divorce, legitimacy of children and punishment for bigamy, including saying that no petition to to be presented for divorce within one year of the marriage under section 14 of hindu marriage act.
Chapter V- Jurisdiction and procedure- As the name suggests, the chapter deals with the jurisdiction and procedure like court to which a petition shall be presented that is described under section 19 of the act. It prescribes how the petition will be presented to the court and other aspects including proceeding, evidence as well as decree and also about the maintenance of either husband or wife by respondent section 24 of the act.
Chapter VI- Savings and repeals- Last but not least, the saving section of the act which only says about the operation of the act including what would be exempted from the act. The repeal part talks about the removal of the act and the procedure that would be adopted to achieve the same.
Conclusion
So, above mentioned paragraphs was the brief description of the act named Hindu Marriage Act, 1955. The act was passed by the legislatures in the year 1955 to codify the laws related to hindu marriages and govern the relationship that arises from the marriage between the hindus. The entire act has been divided into different chapters making it easier to understand and grasp the concept. The act deals with every aspect of the marriage from marriage, its validity, rituals and conditions that are needed to be performed to the divorce and custody of the children dealt section 26 of the act.
Also, the act deals with maintenance in the marriage relating to the section 125 of CrPC, when the divorce proceedings are on the way to dissolve the marriage. So, these were some of the complex parts of the act and it is always advisable to communicate with the experts when proceeding further in this direction, so you can seek help from the experts present at Vera Casua Legal, Best Law Firm in Noida .where the experts have years of experience in the field, therefore making them one of the best resource people for all your needs.