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THE HINDU MARRIAGE ACT, 1955
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(Act 25 of 1955)[18th May, 1955]
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An Act to amend and codify the law relating to marriage among Hindus.
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Preliminary
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1. Short title and extent.-(1) This Act may be called the Hindu Marriage Act,
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1955.
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(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to
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Hindus domiciled in the territories to which this Act extends who are outside the said territories.
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2. Application of Act.- (1) This Act applies,-
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(a) to any person who is a Hindu by religion in any of of its forms or developments, including a
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Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
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(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
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(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim,
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Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been
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governed by the Hindu law or by any custom or usage as part of that law in respect of any of the
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matters dealt with herein if this Act had not been passed.
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Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case
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may be,-
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(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or
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Sikhs by religion;
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(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh
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by religion and who is brought up as a member of tribe, community, group or family to which such
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parents belongs or belonged; and
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(c) any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.
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(2) Notwithstanding anything contained in sub-section (1),nothing contained in this Act shall apply
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to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the
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Constitution unless the Central Government, by notification in the Official Gazette, otherwise
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directs.
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(3) The expression "Hindus" in any portion of this Act shall be construed as if it included a person
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who, though not a Hindu by religion is, nevertheless, a person whom this Act applies by virtue of
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the provisions contained in this section.
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3. Definitions.- In this Act, unless the context otherwise requires,-
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(a) the expression "custom" and "usage" signify any rule which, having been continuously and
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uniformally observed for a long time, has obtained the force of law among Hindus in any local
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area, tribe, community, group or family:
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Provided that the rule is certain and not unreasonable or opposed to public policy;
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and
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Provided further that in the case of a rule applicable only to a family it has not been discontinued
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by the family;
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(b)"District Court" means, in any area for which there is a City Civil Court, that Court, and in any
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other area the principal Civil Court of original jurisdiction, and includes any other civil court which
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may be specified by the State Government, by notification in the Official Gazette, as having
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jurisdiction in respect of matters dealt with in this Act;
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(c)"full blood"and "half blood"- two persons are said to be related to each other by full blood when
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they are descended from a common ancestor by the same wife and by half blood when they are
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descended from a common ancestor but by different wives;
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(d)"uterine blood" - two persons are said to be related to each other by uterine blood when they
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are descended from a common ancestor but by different husbands.
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Explanation.- In Clauses (c) and (d) "ancestor" includes the father and "ancestress" the mother;
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(e)"prescribed" means prescribed by rules made under this Act;
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(f)(i)"Sapinda relationship" with reference to any person extends as far as the third
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generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line
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of ascent through the father, the line being traced upwards in each case from the person concerned,
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who is to be counted as the first generation;
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(ii) two persons are said to be "sapinda" of each other if one is a lineal ascendant of the other within
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the limits of sapinda relationship, or if they have a common lineal ascendant who is within the
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limits of sapinda relationship with reference to each of them;
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(g)"degrees of prohibited relationship " - two persons are said to be within the "degrees of
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prohibited relationship"-
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(I) if one is a lineal ascendant of the other; or
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(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
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(iii)if one was the wife of the brother or of the father's or mother's brother or of the grandfather's
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or grandmother's brother or the other; or
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(iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and
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sister or of two brothers or of two sisters.
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Explanation.- for the purposes of clauses (f) and (g) relationship includes-
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(I) relationship by half or uterine blood as well as by full blood;
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(ii) illegitimate blood relationship as well as legitimate;
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(iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses
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shall be construed accordingly.
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4. Overriding effect of Act.- Save as otherwise expressly provided in this Act.-
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(a) any text,rule or interpretation of Hindu Law or any custom or usage as part of that law in force
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immediately before the commencement of this Act shall cease to have effect with respect to any
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matter for which provision is made in this Act;
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(b) any other law in force immediately before the commencement of this Act shall cease to have
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effect in so far as it is inconsistent with any of the provisions contained in this Act.
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Hindu Marriages
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5. Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus,
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if the following conditions are fulfilled, namely:
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(i) neither party has a spouse living at the time of the marriage;
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(ii) at the time of the marriage, neither party,-
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(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
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(b) though capable of giving a valid consent has been suffering from mental disorder of such a
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kind or to such an extent as to be unfit for marriage and the procreation of children; or
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(c) has been subject to recurrent attacks of insanity or epilepsy;
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(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen
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years at the time of the marriage;
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(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage
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governing each of them permits of a marriage between the two;
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(v) the parties are not sapindas of each other, unless the custom or usage governing each of them
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permits of a marriage between the two;
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(vi) (Omitted)
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6. Guardianship in Marriage.- (Omitted by Marriage Laws (Amendment) Act, 1976.
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7. Ceremonies for a Hindu marriage.-(1) A Hindu marriage may be solemnized in accordance
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with the customary rites and ceremonies of either party thereto.
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(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the
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bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and
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binding when the seventh step is taken.
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8. Registration of Hindu Marriages.-(1) For the purpose of facilitating the proof of Hindu
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marriages, the State Government may make rules providing that the parties to any such marriage
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