THE HINDU MARRIAGE ACT, 1955 

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ARRANGEMENT OF SECTIONS 

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PRELIMINARY 

SECTIONS 

1.  Short title and extent. 
2.  Application of Act. 
3.  Definitions. 
4.  Overriding effect of Act. 

5.  Conditions for a Hindu marriage. 
6.  [Omitted.]. 
7.  Ceremonies for a Hindu marriage. 
8.  Registration of Hindu marriages. 

HINDU MARRIAGES 

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION 

9.  Restitution of conjugal right. 
10.  Judicial separation. 

NULLITY OF MARRIAGE AND DIVORCE 

11.  Void marriages. 
12.  Voidable marriages. 
13.  Divorce. 
13A. Alternate relief in divorce proceedings. 
13B. Divorce by mutual consent. 
14.  No petition for divorce to be presented within one year of marriage. 
15.  Divorced persons when may marry again. 
16.  Legitimacy of children of void and voidable marriages. 
17.  Punishment of bigamy. 
18.  Punishment for contravention of certain other conditions for a Hindu marriage. 

JURISDICTION AND PROCEDURE 

19.  Court to which petition shall be presented. 
20.  Contents and verification of petitions. 
21.  Application of Act 5 of 1908. 
21A. Power to transfer petitions in certain cases. 
21B. Special provision relating to trial and disposal of petitions under the Act. 
21C. Documentary evidence. 
22.  Proceedings to be in camera and may not be printed or published. 
23.  Decree in proceedings. 
23A. Relief for respondent in divorce and other proceedings. 
24.  Maintenance pendente lite and expenses of proceedings. 
25.  Permanent alimony and maintenance. 
26.  Custody of children. 
27.  Disposal of property. 
28.  Appeals from decrees and orders. 
 28A. Enforcement of decrees and orders. 

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SECTIONS 

29.  Savings. 
30.  [Repealed.]. 

SAVINGS AND REPEALS 

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THE HINDU MARRIAGE ACT, 1955 
ACT NO. 25 OF 19551 

[18th May, 1955.] 

An act to amend and codify the law relating to marriage among Hindus. 

BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:— 

PRELIMINARY 

1. Short title and extent.—(1) This Act may be called the Hindu Marriage Act, 1955. 

(2)  It  extends  to  the  whole  of  India 2***,  and  applies  also  to  Hindus  domiciled  in  the  territories to 

which this Act extends who are outside the said territories. 

2. Application of Act.—(1) This Act applies— 

(a)  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, 

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and 

(c) 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:— 

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or 

Sikhs by religion; 

(b) 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  

(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion. 
(2) 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. 

(3) 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. 

3. Definitions.—In this Act, unless the context otherwise requires,— 

(a) the expressions “custom” and “usage” signify any rule which, 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; 

(b) “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 

1. The  Act  has  been  extended  to  Dadra  and  Nagar  Haveli  (w.e.f.  1-7-1965)  by  Reg.  6  of  1963,  s.  2  and  Schedule  I  and  to 

Pondicherry (w.e.f 1-10-1963) with modifications by Reg. 7 of 1963, s. 3 and the Schedule I. 

2.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

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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; 

(c) “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; 

(d) “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; 

(e) “prescribed” means prescribed by rules made under this Act; 

(f) (i) “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;  

(ii)  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; 

(g)  “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; or  

(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), 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; 

and all terms of relationship in those clauses shall be construed accordingly. 

4. Overriding effect of Act.—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. 

HINDU MARRIAGES 

5. Conditions for a Hindu marriage.—A marriage may be solemnized between any two Hindus, if 

the following conditions are fulfilled, namely:— 

(i) neither party has a spouse living at the time of the marriage; 

1[(ii) at the time of the marriage, neither party— 

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or 

1. Subs. by Act 68 of 1976, s. 2, for clause (ii) (w.e.f. 27-5-1976). 

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(b) though capable of giving a valid consent, has been suffering from mental disorder of such 

a kind or to such an extent as to be unfit for marriage and the procreation of children; or 

(c) has been subject to recurrent attacks of insanity 1***;] 

(iii)  the  bridegroom  has  completed  the  age  of  2 [twenty-one  years]  and  the  bride,  the  age 

of 3[eighteen years] at the time of the marriage; 

(iv) the  parties  are  not  within  the  degrees  of  prohibited  relationship  unless  the custom  or  usage 

governing each of them permits of a marriage between the two; 

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them 

permits of a marriage between the two; 
4*                               *                             *                            *                         *                                * 
6. [Guardianship in marriage.]—Omitted by the Child Marriage Restraint (Amendment) Act, 1978,  

(2 of 1978), s. 6 and Schedule (w.e.f. 1-10-1978). 

7.  Ceremonies  for  a  Hindu  marriage.—(1)  A  Hindu  marriage  may  be  solemnized  in  accordance 

with the customary rites and ceremonies of either party thereto. 

(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the 
bridegroom  and  the  bride  jointly  before  the  sacred  fire),  the  marriage  becomes  complete  and  binding 
when the seventh step is taken. 

8.  Registration  of  Hindu  marriages.—(1)  For  the  purpose  of  facilitating  the  proof  of  Hindu 
marriages,  the  State  Government  may  make  rules  providing  that  the  parties  to  any  such  marriage  may 
have the particulars relating to their marriage entered in such manner and subject to such conditions 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, any 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 right.—5** * 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. 

6[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.] 

7*                              *                         *                           *                             *                               * 

1. The words “or epilepsy” omitted by Act 39 of 1999, s. 2 (w.e.f. 29-12-1999). 
2. Subs. by Act 2 of 1978, s. 6 and Schedule for “elighteen years” (w.e.f. 1-10-1978). 
3. Subs. by s. 6 and Schedule, ibid., for “fifteen years” (w.e.f. 1-10-1978). 
4. Clause (vi) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978). 
5. The brackets and figure “(1)” omitted by Act 68 of 1976, s. 3 (w.e.f. 27-5-1976). 
6. Ins. by s. 3, ibid. (w.e.f. 27-5-1976). 
7. Sub-section (2) omitted by s. 3, ibid. (w.e.f. 27-5-1976). 

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10.  Judicial  separation.—1[(1)  Either  party  to  a  marriage,  whether  solemnised  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 
specified  in  sub-section  (2)  thereof,  as  grounds  on  which  a  petition  for  divorce  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  statements  made  in  such  petition,  rescind  the  decree  if  it 
considers it just and reasonable to do so. 

NULLITY OF MARRIAGE AND DIVORCE 

11.  Void  marriages.—Any  marriage  solemnised  after  the  commencement  of  this  Act shall  be  null 
and void and may, on a petition presented by either party thereto 2[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) of 
section 5. 

12. Voidable marriages.—(1) Any marriage solemnised, 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:— 

3[(a) that the marriage has not been consummated owing to the imporence 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 4[was  required  under  section  5  as  it  stood  immediately  before  the  commencement  of  the 
Child  Marriage  Restraint  (Amendment)  Act,  1978  (2  of  1978)],  the  consent  of  such  guardian  was 
obtained  by  force  5[or  by  fraud  as  to  the  nature  of  the  ceremony  or  as  to  any  material  fact  or 
circumstances 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  solemnised  before  the 
commencement of this Act within one year of such commencement and in the case of marriages 
solemnised 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 6[the said ground]. 

1. Subs. by Act 68 of 1976, s. 4, for sub-section (1) (w.e.f. 27-5-1976). 
2. Ins. by s. 5, ibid. (w.e.f. 27-5-1976). 
3. Subs. by s. 6, ibid., for clause (a) (w.e.f. 27-5-1976). 
4. Subs. by Act 2 of 1978, s. 6 and Schedule, for “is required under section 5” (w.e.f. 1-10-1978). 
5. Subs. by Act 68 of 1976, s. 6, for “or fraud” (w.e.f. 27-5-1976). 
6. Subs. by s. 6, ibid., for “the grounds for a decree” (w.e.f. 27-5-1976). 

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

1[(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 

2[(iii) has been incurably of unsound mind, or has been 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 
includes 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] 

3* 

* 

* 

* 

* 

(v) has 4* * * been suffering from venereal 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; 5*** 

6*                                  *                            *                      *                         *                           * 

7 [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 expressions shall be construed accordingly.]  

8[(1A) 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 9[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 to the marriage for a 
period of  9[one year] or upwards after the passing of a decree for restitution of conjugal rights in a 
proceeding to which they were parties.] 

1. Subs. by Act 68 of 1976, s. 7, for clause (i) (w.e.f. 27-5-1976). 
2. Subs. by s. 7, ibid., for clause (iii) (w.e.f. 27-5-1976). 
3. Clause (iv) omitted by Act 6 of 2019, s. 5 (w.e.f. 1-3-2019). 
4. Certain words omitted by s. 7, ibid. (w.e.f. 27-5-1976). 
5. The word “or” omitted by Act 44 of 1964, s. 2, ibid. (w.e.f. 20-12-1964). 
6. Clauses (viii) and (ix) omitted by s. 2, ibid. (w.e.f. 20-12-1964). 
7. Ins. by Act 68 of 1976, s. 7 (w.e.f. 27-5-1976). 
8. Ins. by Act 44 of 1964, s. 2 (w.e.f. 20-12-1964). 
9. Subs. by Act 68 of 1976, s. 7, for “two years” (w.e.f. 27-5-1976). 

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(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on 

the ground,— 

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband 
had married again before such commencement or that any other wife of the husband married before 
such commencement was alive at the time of the solemnization of the marriage of the petitioner: 

Provided that in either case the other wife is alive at the time of the presentation of the petition; or 

(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 

1[bestiality; or] 

2 [(iii)  that  in  a  suit  under  section  18  of  the  Hindu  Adoptions  and  Maintenance  Act,  1956                 
(78  of  1956),  or  in  a  proceeding  under  section  125  of  the  Code  of  Criminal  Procedure,    1973               
(2  of  1974)  (or  under  the  corresponding  section  488  of  the  Code  of  Criminal  Procedure,  1898                
(5  of  1898),  a  decree  or  order,  as  the  case  may  be,  has  been  passed  against  the  husband  awarding 
maintenance to the wife notwithstanding that she was living apart and that since the passing of such 
decree or order, cohabitation between the parties has not been resumed for one year or upwards; 

(iv) that her marriage (whether consummated or not) was solemnized before she attained the age 
of fifteen years and she has repudiated the marriage after attaining that age but before attaining the 
age of eighteen years. 

Explanation.—This  clause  applies  whether  the  marriage  was  solemnized  before  or  after  the 

commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976).] 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of section 13 of Act XXV of 1955.—In sub-section (1) of section 13 of the Hindu Marriage 
Act, 1955,-- 

(a) after clause (i) the following new cause shall be inserted and shall be deemed always to have 

been inserted; 

“(i-a)  has  persistently  or  repeatedly  treated  the  petitioner  with  such  cruelty  as  to  cause  a 
reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the 
petitioner to live with the other party ;or”, and 

(b) for clause (vii), the following clause shall be substituted and shall be deemed always to have 

been substituted; 

“(viii) has not resumed cohabitation after the passing of a decree for judicial separation  against 

that party and— 

(a) a period of two years has elapsed since the passing of such decree, or 

(b) the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part 

of the other party; or”. 

[Vide Uttar Pradesh Act XIII of 1962, s. 2] 

3[13A. Alternate relief in divorce proceedings.—In any proceeding under this Act, on a petition for 
dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds 
mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just 
so to do having regard to the circumstances of the case, pass instead a decree for judicial separation. 

1. Subs. by Act 68 of 1976, s. 7, for “bestiality” (w.e.f. 27-5-1976). 
2. Ins. by s. 7, ibid. (w.e.f. 27-5-2976). 
3. Ins. by s. 8, ibid. (w.e.f. 27-5-1976). 

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13B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution 
of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage 
together, whether such marriage was solemnized before or after the commencement of the Marriage Laws 
(Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of 
one year or more, that they have not been able to live together and that they have mutually agreed that the 
marriage should be dissolved. 

(2)  On  the  motion  of  both  the  parties  made  not  earlier  than  six  months  after  the  date  of  the 
presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said 
date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the 
parties  and after  making  such  inquiry  as  it  thinks  fit,  that  a  marriage  has  been solemnized  and that  the 
averments in the petition are  true, pass a decree of divorce declaring the marriage to be dissolved with 
effect from the date of the decree.] 

14.  No  petition  for  divorce  to  be  presented  within  one  year  of  marriage.—(1) Notwithstanding 
anything  contained  in  this  Act,  it  shall  not  be  competent  for  any  court  to  entertain  any  petition  for 
dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one 
year has elapsed] since the date of the marriage: 

Provided  that  the  court  may,  upon  application  made  to  it  in  accordance  with  such  rules  as  may  be 
made  by  the  High  Court  in  that  behalf,  allow  a  petition  to  be  presented 4[before  one  year  has  elapsed] 
since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner 
or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the 
petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment 
of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the 
decree  shall  not  have  effect  until  after  the 2[expiry  of  one  year]  from  the  date  of  the  marriage  or  may 
dismiss the petition without prejudice to any petition which may be brought after 3[expiration of the said 
one  year]  upon  the  same  or  substantially  the  same  facts  as  those  alleged  in  support  of  the  petition            
so dismissed. 

(2) In disposing of any application under this section for leave to present a petition for divorce before 
the 4[expiration of one year] from the date of the marriage, the court shall have regard to the interests of 
any  children  of  the  marriage  and  to  the  question  whether  there  is  a  reasonable  probability  of  a 
reconciliation between the parties before the expiration of the 5[said one year]. 

15. Divorced persons when may marry again.—When a marriage has been dissolved by a decree of 
divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the 
time for appealing has expired without an appeal having been presented, or an appeal has been presented 
but has been dismissed, it shall be lawful for either party to the marriage to marry again. 

6*                             *                        *                              *                                *                             * 
7[16. Legitimacy of children of void and voidable marriages.—(1) Notwithstanding that a marriage 
is  null  and  void  under  section  11,  any  child  of  such  marriage  who  would  have  been  legitimate  if  the 
marriage had been valid, shall be legitimate, whether such child is born before or after the commencement 
of  the  Marriage  Laws  (Amendment)  Act,  1976  (68  of  1976),  and  whether  or  not  a  decree  of  nullity  is 
granted  in  respect  of  that  marriage  under  this  Act  and  whether  or  not  the  marriage  is  held  to  be  void 
otherwise than on a petition under this Act. 

(2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child 
begotten or conceived before the decree is made, who would have been the legitimate child of the parties 
to  the  marriage  if  at  the  date  of  the  decree  it  had  been  dissolved  instead  of  being  annulled,  shall  be 
deemed to be their legitimate child notwithstanding the decree of nullity. 

1. Subs. by Act 68 of 1976, s. 9, for certain words (w.e.f. 27-5-1976). 
2. Subs. by s. 9, ibid., for “expiry of three years” (w.e.f. 27-5-1976). 
3. Subs. by s. 9, ibid., for “expiration of the said one year” (w.e.f. 27-5-1976). 
4. Subs. by s. 9, ibid., for “expiry of three years” (w.e.f. 27-5-1976). 
5. Subs. by s. 9, ibid., for “said three years” (w.e.f. 27-5-1976). 
6. Proviso omitted by s.10, ibid.  (w.e.f. 27-5-1976). 
7. Subs. by s. 11, ibid., for s. 16 (w.e.f. 27-5-1976). 

9 

 
                                                           
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any 
child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, 
any  rights  in  or  to  the  property  of  any  person,  other  than  the  parents,  in  any  case  where,  but  for  the 
passing of this Act, such child would have been incapable of possessing or acquiring any such rights by 
reason of his not being the legitimate child of his parents.] 

17.  Punishment  of  bigamy.—Any  marriage  between 

the 
commencement  of  this  Act  is  void  if  at  the  date  of  such  marriage  either  party  had  a  husband  or  wife 
living;  and  the  provisions  of  sections  494  and  495  of  the  Indian  Penal  Code,  1860  (45  of  1860),  shall 
apply accordingly. 

two  Hindus  solemnized  after 

18.  Punishment  for  contravention  of  certain  other  conditions  for  a  Hindu  marriage.—Every 
person who procures a marriage of himself or herself to be solemnized under this Act in contravention of 
the conditions specified in clauses (iii), (iv), 1[and (v)] of section 5 shall be punishable— 

 2[(a) in  the  case  of  contravention  of  the  condition  specified  in  clause (iii) of  section  5,  with 
rigorous  imprisonment  which  may  extend  to  two  years  or  with  fine  which  may  extend  to  one  lakh 
rupees, or with both.] 

(b)  in  the  case  of  a  contravention  of  the  condition  specified  in  clause  (iv)  or  clause  (v)  of                  

section 5, with simple imprisonment which may extend to one month, or with fine which may extend 
to one thousand rupees, or with both; 3* * * 
4*                      *                             *                            *                              *                                   * 

5[19. Court to which petition shall be presented.—Every petition under this Act shall be presented 

to the District Court within the local limits of whose ordinary original civil jurisdiction:— 

JURISDICTION AND PROCEDURE 

(i) the marriage was solemnized, or 

(ii) the respondent, at the time of the presentation of the petition, resides, or 

(iii) the parties to the marriage last resided together, or 

6[(iiia) in case the wife is the petitioner, wher she is residing on the date of presentation of the 

petition; or] 

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the 
respondent is at that time, residing outside the territories to which this Act extends, or 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 him if he were alive.] 

20. Contents and verification of petitions.—(1) Every petition presented under this Act shall state 
as  distinctly  as  the  nature  of  the  case  permits  the  facts  on  which  the  claim  to  relief  is  founded 7[and, 
except in a petition under section 11, shall also state] that there is no collusion between the petitioner and 
the other party to the marriage. 

(2)  The  statements  contained  in  every  petition  under  this  Act  shall  be  verified  by  the  petitioner  or 
some other competent person in the manner required by law for the verification of plaints, and may, at the 
hearing, be referred to as evidence. 

21. Application of Act 5 of 1908.—Subject to the other provisions contained in this Act and to such 
rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far 
as may be, by the Code of Civil Procedure, 1908. 

1. Subs. by Act 2 of 1978, s. 6 and Schedule, for “(v) and (vi)” (w.e.f. 1-10-1978).  
2. Subs. by Act 6 of 2007, s. 20 (w.e.f. 30-10-2007). 
3. The word “and” omitted by Act 2 of 1978, s. 6 and Schedule (w.e.f. 1-10-1978). 
4. Clause (c) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978). 
5. Subs. by Act 68 of 1976, s. 12, for s. 19 (w.e.f. 27-5-1976). 
6. Ins. by Act 50 of 2003, s. 4 (w.e.f. 23-12-2003). 
7. Subs. by Act 68 of 1976, s. 13, for “and shall also State” (w.e.f. 27-5-1976). 

10 

 
                                                           
1[21A. Power to transfer petitions in certain cases.—(1) Where— 

(a) a petition under this Act has been presented to a district court having jurisdiction by a party to 
a  marriage  praying  for  a  decree  for  judicial  separation  under  section  10  or  for  a  decree  of  divorce 
under section 13, and 

(b) another petition under this Act has been presented thereafter by the other party to the marriage 
praying for a decree for judicial separation under section 10 or for a decree of divorce under section 
13 on any ground, whether in the same district court or in a different district court, in the same State 
or in a different State,  

the petitions shall be dealt with as specified in sub-section (2). 

(2) In a case where sub-section (1) applies,— 

(a) if the  petitions  are  presented to  the  same  district court,  both  the  petitions  shall  be  tried  and 

heard together by that district court; 

(b) if the  petitions  are presented  to  different  district  courts,  the  petition  presented  later  shall  be 
transferred to the district court in which the earlier petition was presented and both the petitions shall 
be heard and disposed of together by the district court in which the earlier petition was presented. 

(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may 
be,  competent  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  to  transfer  any  suit  or  proceeding 
from  the  district  court  in  which  the  later  petition  has  been  presented  to  the  district  court  in  which  the 
earlier  petition  is  pending,  shall  exercise  its  powers  to  transfer  such  later  petition  as  if  it  had  been 
empowered so to do under the said Code. 

21B. Special provision relating to trial and disposal of petitions under the Act.—(1) The trial of a 
petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of 
the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the 
trial beyond the following day to be necessary for reasons to be recorded. 

(2)  Every  petition  under  this  Act shall be tried  as  expeditiously  as  possible  and  endeavour  shall  be 
made  to  conclude  the  trial  within  six  months  from  the  date  of  service  of  notice  of  the  petition  on  the 
respondent. 

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be 
made  to  conclude  the  hearing  within  three  months  from  the  date  of  service  of  notice  of  appeal  on  the 
respondent. 

21C.  Documentary  evidence.—Notwithstanding  anything  in  any  enactment  to  the  contrary,  no 
document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on 
the ground that it is not duly stamped or registered.] 

2[22. Proceedings to be in camera and may not be printed or published.—(1) Every proceeding 
under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish 
any  matter  in  relation  to  any  such  proceeding  except  a  judgment  of  the  High  Court  or  of  the  Supreme 
Court printed or published with the previous permission of the court. 

(2)  If  any  person  prints  or  publishes  any  matter  in  contravention  of  the  provisions  contained  in           

sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.] 

23.  Decree in  proceedings.—(1) In any proceeding under this Act, whether defended or not, if the 

court is satisfied that 

(a)  any  of  the  grounds  for  granting  relief  exists  and  the  petitioner 3[except  in  cases  where  the 
relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or sub-clause (c) of 
clause (ii) of section 5] is not in any way taking advantage of his or her own wrong or disability for 
the purpose of such relief, and 

1. Ins. by Act 68 of 1976, s. 14, (w.e.f. 27-5-1976). 
2. Subs. by s. 15, ibid., for s. 22 (w.e.f. 27-5-1976). 
3. Ins. by s. 16, ibid. (w.e.f. 27-5-1976). 

11 

 
                                                           
(b) where the ground of the petition is the ground specified 1* * * in clause (i) of sub-section (1) 
of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the 
act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any 
manner condoned the cruelty, and 

2[(bb)  when  a  divorce  is  sought  on  the  ground  of  mutual  consent,  such  consent  has  not  been 

obtained by force, fraud or undue influence, and] 

(c) 2[the petition (not being a petition presented under section 11)] is not presented or prosecuted 

in collusion with the respondent, and 

(d) there has not been any unnecessary or improper delay in instituting the proceeding, and 

(e) there is no other legal ground why relief should not be granted, then, and in such a case, but 

not otherwise, the court shall decree such relief accordingly. 

(2) Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first 
instance, in every case where it is possible so to do consistently with the nature and circumstances of the 
case, to make every endeavour to bring about reconciliation between the parties: 

3[Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is 
sought  on  any  of  the  grounds  specified  in  clause  (ii),  clause  (iii),  clause  (iv),  clause  (v),  clause  (vi)  or 
clause (vii) of sub-section (1) of section 13.] 

2[(3) For the purpose of aiding the court in bringing  about such reconciliation, the court may, if the 
parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable 
period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or 
to any person nominated by the court if the parties fail to name any person, with directions to report to the 
court  as  to  whether  reconciliation  can  be and has been,  effected  and  the  court  shall  in  disposing  of  the 
proceeding have due regard to the report. 

(4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree 

shall give a copy thereof free of cost to each of the parties.] 

4[23A. Relief for respondent in divorce and other proceedings.—In any proceeding for divorce or 
judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought 
on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief 
under this  Act  on  that  ground;  and if  the  petitioner’s  adultery,  cruelty  or  desertion  is  proved,  the court 
may give to the respondent any relief under this Act to which he or she would have been entitled if he or 
she had presented a petition seeking such relief on that ground.] 

24. Maintenance pendente lite and expenses of proceedings.—Where in any proceeding under this 
Act it appears  to the court  that either the  wife  or  the  husband, as the  case  may  be,  has  no independent 
income  sufficient  for  her  or  his  support  and  the  necessary  expenses  of  the  proceeding,  it  may,  on  the 
application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the 
proceeding,  and  monthly  during  the  proceeding  such  sum  as,  having  regard  to  the  petitioner’s  own 
income and the income of the respondent, it may seem to the court to be reasonable. 

5[Provided that the application for the payment of the expenses of the proceeding and such monthly 
sum  during  the  proceeding,  shall,  as  far  as  possible,  be  disposed  of  within  sixty  days  from  the  date  of 
service of notice on the wife or the husband, as the case may be.] 

25.  Permanent  alimony  and  maintenance.—(1) Any  court  exercising  jurisdiction  under  this  Act 
may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the 
purpose by either the wife or the husband, as the case may be, order that the respondent shall 6* * * pay to 

1. The words, bracket, letter of figure “in clause (f) of sub-section (1) of section 10 or” omitted by Act 68 of 1976,  s. 16, 

(w.e.f. 27-5-1976). 

2. Subs. by s. 16, ibid., for “ the petition” (w.e.f. 27-5-1976). 
3. Added by s. 16, ibid. (w.e.f. 27-5-1976). 
4.  Ins by s. 17, ibid.  (w.e.f. 27-5-1976). 
5. Ins. by Act 49 of 2001, s. 8 (w.e.f. 24-9-2001). 
6.  The words “while the applicant remains unmarried” omitted by Act 68 of 1976, s. 18 (w.e.f. 27-5-1976). 

12 

 
                                                           
the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum 
for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and 
other property, if any, the income and other property of the applicant 1[the conduct of the parties and other 
circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if 
necessary, by a charge on the immovable property of the respondent. 

(2) If the court is satisfied that there is a change in the circumstances of either party at any time after 
it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind 
any such order in such manner as the court may deem just. 

(3) If the court is satisfied that the party in whose favour an order has been made under this section 
has  re-married  or,  if  such  party  is  the  wife,  that  she  has  not  remained  chaste,  or,  if  such  party  is  the 
husband, that he has had sexual intercourse with any woman outside wedlock, 2[it may at the instance of 
the other party vary, modify or rescind any such order in such manner as the court may deem just]. 

26. Custody of children.—In any proceeding under this Act, the court may, from time to time, pass 
such interim orders and make such provisions in the decree as it may deem just and proper with respect to 
the  custody,  maintenance  and  education  of  minor  children,  consistently  with  their  wishes,  wherever 
possible, and may, after the decree, upon application by petition for the purpose, make from time to time, 
all such orders and provisions with respect to the custody, maintenance and education of such children as 
might have been made by such decree or interim orders in case the proceeding for obtaining such decree 
were still pending, and the court may also from time to time revoke, suspend or vary any such orders and 
provisions previously made: 

3[Provided that the application with respect to the maintenance and education of the minor children, 
pending  the  proceeding  for  obtaining  such  decree,  shall, as  far  as  possible,  be  disposed  of  within  sixty 
days from the date of service of notice on the respondent.] 

27. Disposal of property.—In any proceeding under this Act, the court may make such provisions in 
the  decree  as  it  deems  just  and  proper  with  respect  to  any  property  presented,  at  or  about  the  time  of 
marriage, which may belong jointly to both the husband and the wife. 

4[28. Appeals from decrees and orders.—(1) All decrees made by the court in any proceeding under 
this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in 
the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals 
ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. 

(2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, 
subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such 
appeal  shall  lie  to  the  court  to  which  appeals  ordinarily  lie  from  the  decisions  of  the  court  given  in 
exercise of its original civil jurisdiction. 

(3) There shall be no appeal under this section on the subject of costs only. 

(4) Every appeal under this section shall be preferred within a 5[period of ninety days] from the date 

of the decree or order. 

28A.  Enforcement  of  decrees  and  orders.—All  decrees  and  orders  made  by  the  court  in  any 
proceeding under this Act shall be enforced in the like manner as the decrees and orders of the court made 
in the exercise of its original civil jurisdiction for the time being in forced.] 

SAVINGS AND REPEALS 

29.  Savings.—(1) A  marriage  solemnized  between  Hindus  before  the  commencement  of  this  Act, 
which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of 

1. Subs. by Act 68 of 1976, s. 18, for certain words. (w.e.f. 27-5-1976). 
2. Subs. by s. 18, ibid., for “it shall rescind the order” (w.e.f. 27-5-1976). 
3. Ins. by Act 49 of 2001, s. 9 (w.e.f. 24-9-2001). 
4. Subs. by Act 68 of 1976, s. 19 (w.e.f. 27-5-1976). 
5. Subs. by Act 50 of 2003, s. 5, for “period of thirty days” (w.e.f. 23-12-2003). 

13 

 
                                                           
the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, 
castes or sub-divisions of the same caste. 

(2) Nothing  contained  in  this  Act  shall  be  deemed  to  affect  any  right  recognised  by  custom  or 
conferred  by  any  special  enactment  to  obtain  the  dissolution  of  a  Hindu  marriage,  whether  solemnized 
before or after the commencement of this Act. 

(3)  Nothing  contained  in  this  Act  shall  affect  any  proceeding  under  any  law  for  the  time  being  in 
force for  declaring  any  marriage  to  be  null  and void or for  annulling  or  dissolving  any  marriage  or  for 
judicial separation pending at the commencement of this Act, and any such proceeding may be continued 
and determined as if this Act had not been passed. 

(4)  Nothing  contained in this  Act shall  be deemed  to  affect the provisions  contained  in  the  Special 
Marriage Act, 1954, (43 of 1954) with respect to marriages between Hindus solemnized under that Act, 
whether before or after the commencement of this Act. 

30.  [Repeals].—Rep.  by  the  Repealing  and  Amending  Act,  1960  (58  of  1960),  s.  2  and  the  First 

Schedule (w.e.f. 26-12-1960). 

14 

 
