enerscript/MARRIAGEACT · Datasets at Fast360

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may have the particulars relating to their marriage entered in such manner and subject to such
condition as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of
opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred
to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or
in such cases as may be specified and where any such direction has been issued, and person
contravening any rule made in this behalf shall be punishable with fine which may extend to
twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be,
after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be
admissible as evidence of the statements therein contained
and certified extracts therefrom shall, on application, be given by the Registrar on payment to him
of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in
no way be affected by the omission to make the entry.
Restitution of Conjugal rights and judicial separation
9. Restitution of conjugal rights.- When either the husband or the wife has, without reasonable
excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the
district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the
statements made in such petition and that there is no legal ground why the application should not
be granted, may decree restitution of conjugal rights accordingly.
Explanation- Where a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of proving reasonable excuse shall be on the person who has
withdrawn from the society.
10. Judicial separation.- (1) Either party to a marriage, whether solemnized before or after the
commencement of this Act, may present a petition praying for a decree for judicial separation on
any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any
of the grounds might have been presented.
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the
petitioner to cohabit with the respondent, but the court may, on the application by petition of either
party and on being satisfied of the truth of the statement made in such petition, rescind the decree
if it considers it just and reasonable to do so.
Nullity of Marriage and Divorce
11. Nullity of marriage and divorce- Void marriages.- Any marriage solemnized after the
commencement of this Act shall be null and void and may, ona petition presented by either party
thereto, against the other party be so declared by a decree of nullity if it contravenes any one of
the conditions specified in clauses
(i), (iv) and (v), Section 5.
12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after the
commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any
of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the
petitioner was required under Section 5 as it stood immediately before the commencement of the
Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by
force or by fraud as to the nature of the ceremony or as to any material fact or circumstance
concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the
petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage (a)
on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is
presented more than one year after the force had ceased to operate or, as the case may be, the fraud
had been discovered ; or (ii) the petitioner has, with his or her full consent, lived with the other
party to the marriage as husband or wife after the force had ceased to operate or, as the case
may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is
satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the
commencement of this Act within one year of such commencement and in the case of marriages
solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the
discovery by the petitioner of the existence of the said ground.
13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act,
may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce
on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person
other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately
preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or
(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from
mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be
expected to live with the respondent.
Explanation- In this clause-
(a) the expression "mental disorder" means mental illness, arrested or incomplete development of
mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;
(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind
(whether or not including sub-normality of intelligence) which results in abnormally aggressive or
seriously irresponsible conduct on the part of the other party and whether or not it requires or is
susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who
would naturally have heard of it, had that party been alive;
Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner
by the other party to the marriage without reasonable cause and without the consent or against the
wish of such party, and includes the wilful neglect of the petitioner by the other party to the
marriage, and its grammatical variations and cognate expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after the commencement of this
Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the
ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judicial separation in a proceeding
to which they were parties; or (ii) that there has been no restitution of conjugal rights as between
the parties tothe marriage for a period of one year or upward after the passing of a decree of
restitution of conjugal rights in a proceeding to which they were parties.

may have the particulars relating to their marriage entered in such manner and subject to such

condition as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of

opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred

to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or

in such cases as may be specified and where any such direction has been issued, and person

contravening any rule made in this behalf shall be punishable with fine which may extend to

twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be,

after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be

admissible as evidence of the statements therein contained

and certified extracts therefrom shall, on application, be given by the Registrar on payment to him

of the prescribed fee.

(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in

no way be affected by the omission to make the entry.

Restitution of Conjugal rights and judicial separation

9. Restitution of conjugal rights.- When either the husband or the wife has, without reasonable

excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the

district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the

statements made in such petition and that there is no legal ground why the application should not

be granted, may decree restitution of conjugal rights accordingly.

Explanation- Where a question arises whether there has been reasonable excuse for withdrawal

from the society, the burden of proving reasonable excuse shall be on the person who has

withdrawn from the society.

10. Judicial separation.- (1) Either party to a marriage, whether solemnized before or after the

commencement of this Act, may present a petition praying for a decree for judicial separation on

any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any

of the grounds might have been presented.

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the

petitioner to cohabit with the respondent, but the court may, on the application by petition of either

party and on being satisfied of the truth of the statement made in such petition, rescind the decree

if it considers it just and reasonable to do so.

Nullity of Marriage and Divorce

11. Nullity of marriage and divorce- Void marriages.- Any marriage solemnized after the

commencement of this Act shall be null and void and may, ona petition presented by either party

thereto, against the other party be so declared by a decree of nullity if it contravenes any one of

the conditions specified in clauses

(i), (iv) and (v), Section 5.

12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after the

commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any

of the following grounds, namely:-

(a) that the marriage has not been consummated owing to the impotency of the respondent; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the

petitioner was required under Section 5 as it stood immediately before the commencement of the

Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by

force or by fraud as to the nature of the ceremony or as to any material fact or circumstance

concerning the respondent; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the

petitioner.

2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage (a)

on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is

presented more than one year after the force had ceased to operate or, as the case may be, the fraud

had been discovered ; or (ii) the petitioner has, with his or her full consent, lived with the other

party to the marriage as husband or wife after the force had ceased to operate or, as the case

may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is

satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnized before the

commencement of this Act within one year of such commencement and in the case of marriages

solemnized after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the

discovery by the petitioner of the existence of the said ground.

13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act,

may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce

on the ground that the other party-

(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person

other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately

preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion ; or

(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from

mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be

expected to live with the respondent.

Explanation- In this clause-

(a) the expression "mental disorder" means mental illness, arrested or incomplete development of

mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;

(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind

(whether or not including sub-normality of intelligence) which results in abnormally aggressive or

seriously irresponsible conduct on the part of the other party and whether or not it requires or is

susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable form of leprosy; or

(v) has been suffering from veneral disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vii) has not been heard of as being alive for a period of seven years or more by those persons who

would naturally have heard of it, had that party been alive;

Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner

by the other party to the marriage without reasonable cause and without the consent or against the

wish of such party, and includes the wilful neglect of the petitioner by the other party to the

marriage, and its grammatical variations and cognate expression shall be construed accordingly.

(1-A) Either party to a marriage, whether solemnized before or after the commencement of this

Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the

ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a

period of one year or upwards after the passing of a decree for judicial separation in a proceeding

to which they were parties; or (ii) that there has been no restitution of conjugal rights as between

the parties tothe marriage for a period of one year or upward after the passing of a decree of

restitution of conjugal rights in a proceeding to which they were parties.