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Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 governs conditions and ceremonies for Hindu marriages and provides statutory remedies concerning judicial separation, nullity, divorce, maintenance, custody and related procedure.

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

Chapters and sections

  1. Chapter 1: Preliminary4 sections
  2. Chapter 2: Hindu Marriages4 sections
  3. Chapter 3: Restitution of Conjugal Rights and Judicial Separation2 sections
  4. Chapter 4: Nullity of Marriage and Divorce10 sections
  5. Chapter 5: Jurisdiction and Procedure17 sections
Study: explanations and related material

Study guide

Understand the Act before reading section by section

The Hindu Marriage Act lays down statutory conditions and ceremonies for Hindu marriages and creates remedies including judicial separation, nullity and divorce. It also contains provisions on maintenance during proceedings, permanent alimony, custody, property and appeals.

The Act's application depends on section 2, and individual proceedings depend on facts, evidence, procedural law, state rules and binding court decisions. The study notes explain the central statutory structure only.

Chapters and study guides

  1. Chapter 1: PreliminaryChapter I identifies the Act's territorial reach and application, defines important family relationships and court terms, and gives the Act overriding effect over inconsistent pre-existing rules on matters it covers.4 sections
  2. Chapter 2: Hindu MarriagesChapter II states the statutory conditions for a Hindu marriage, records the omission of the former guardianship provision, recognizes customary ceremonies and addresses registration as evidence without making non-registration alone invalidate a marriage.4 sections
  3. Chapter 3: Restitution of Conjugal Rights and Judicial SeparationChapter III contains two distinct matrimonial remedies. Section 9 concerns restitution of conjugal rights, while section 10 permits judicial separation and explains its effect on cohabitation and the court's power to rescind the decree.2 sections
  4. Chapter 4: Nullity of Marriage and DivorceChapter IV distinguishes void and voidable marriages, sets out statutory grounds and related rules for divorce, provides for mutual-consent petitions, and addresses remarriage, legitimacy and penalties for specified contraventions.10 sections
  5. Chapter 5: Jurisdiction and ProcedureChapter V governs where and how proceedings are brought, privacy, trial and disposal, relief for respondents, interim and permanent financial orders, custody, property, appeals and enforcement. Several provisions work together with the Code of Civil Procedure and court rules.17 sections

Key terms

Custom and usage
A rule continuously and uniformly observed for a long time that has obtained the force of law, subject to the qualifications in section 3.
Section 3
Sapinda relationship
A relationship within the maternal and paternal generation limits defined by section 3, including the relationships the section treats as equivalent.
Section 3, Section 5
Prohibited relationship
The family relationships listed in section 3, subject to the Act's custom-or-usage qualification in section 5.
Section 3, Section 5
Judicial separation
A decree under which cohabitation is no longer obligatory while the marriage itself is not dissolved.
Section 10
Void marriage
A marriage that section 11 treats as null and void for contravention of the specified section 5 conditions.
Section 11
Voidable marriage
A marriage that may be annulled by a decree on one of the grounds and subject to the conditions in section 12.
Section 12
Maintenance pendente lite
Support and proceeding expenses that a court may order during a proceeding under the conditions stated in section 24.
Section 24
Permanent alimony
A gross, monthly or periodical maintenance order that may be made and later varied under section 25.
Section 25

Scope and limits

  • Section 2 describes the persons to whom the Act applies and contains a specific rule concerning members of Scheduled Tribes unless the Central Government directs otherwise.
  • Section 6 is omitted and section 30 is repealed; they remain visible so the numbering and legislative history are not disguised.
  • Family-law disputes are fact-sensitive. These pages are educational references, not advice about eligibility, strategy, evidence or likely outcomes in an individual case.

Official reference: India Code, Legislative Department — source review: 29 September 2026.Recorded edition / snapshot date: 2026-09-29.