Important Sections of the Hindu Marriage Act

Some of the important sections of the Hindu Marriage Act, of 1955 are mentioned below:

Section 5 Hindu Marriage Act

Section 5 of the Hindu Marriage Act 1955 outlines the requirements for a Hindu marriage. It states that two Hindus can marry if neither party has a spouse, cannot give their consent due to mental instability, has a severe mental illness that makes them unfit for marriage, has experienced repeated episodes of mental illness, is 21 years old, and 18 years old at the time of marriage, is not in a prohibited relationship, and is not sapindas of each other.

Section 9 in Hindu Marriage Act

Section 9 of the Hindu Marriage Act of 1955 addresses the restoration of rights that come with being married. It says that the harmed party may apply to a district court for the restoration of conjugal rights if one spouse has abandoned the other without providing a valid cause.

If the court determines that the petitioner is not at fault and that there is no legal basis for the withdrawal, it may issue an order for the restoration of conjugal rights, requiring the other spouse to move back into the marital residence and begin living together again.

Section 11 Hindu Marriage Act

Section 11 Hindu Marriage Act discusses null and void marriages. Any marriage performed after the effective date of this Act will be deemed null and void and may be declared as such by a decree of nullity upon a petition filed by either party (against the other party) if it violates any of the requirements listed in clauses (i), (iv), and (v) of section 5.

Section 12 Hindu Marriage Act

According to section 12 of the Hindu Marriage Act, a decree of nullity of marriage may be issued if the respondent’s impotence, violation of the requirements outlined in section 5 clause (ii), or respondent’s physical or mental state prevented consummation of the marriage. Either the petitioner or guardian’s agreement to the marriage was forced or fraudulently obtained, or the responder was pregnant by someone else.

If a petition for annulment of marriage based on consent obtained through force or fraud is filed more than a year after the force or fraud was uncovered, it cannot be granted. The petition needs to be submitted within a year of the discovery if consent was gained through fraud.

Section 13 of the Hindu Marriage Act

The Hindu Marriage Act’s Section 13 addresses the reasons for divorce. It states when a married couple may file for divorce with the court. Different reasons for divorce are covered in this section, including cruelty, adultery, abandonment, religious conversion, mental illness, and terminal illnesses. Cruelty is when one partner causes the other so much emotional or bodily harm that they can’t stay married. When a married individual engages in sexual contact with someone other than their spouse, it is considered adultery.

It is referred to as abandonment when one spouse departs from the other for at least two years without a valid reason. When one spouse leaves Hinduism and adopts a new religion, this is known as conversion. When a partner has a severe mental condition that makes it difficult to maintain a stable marriage, it is referred to as mental illness. The party who is impacted may file for divorce if any of these explanations are shown in court. Section 13 of the Hindu Marriage Act divorce cases are complex and unique to each case, so it’s advisable to consult with a qualified lawyer who is knowledgeable about the law.

Section 24 Hindu Marriage Act

The Hindu Marriage Act’s Section 24 addresses maintenance and financial support after a divorce. The Hindu Marriage Act’s Section 24 addresses alimony, often known as maintenance. The money given by one spouse to the other both during and after a divorce is referred to as maintenance. One spouse may apply for maintenance under Section 24 if the other does not make enough money to sustain themselves. When determining the amount of maintenance to be paid, the court takes into account the income, assets, and financial requirements of both parties.

Depending on their need and financial circumstances, the husband or the wife may receive maintenance. When assessing maintenance, the court also takes into account the standard of living throughout the marriage. Depending on the circumstances, the maintenance may be paid on a monthly basis or in one single sum. If either spouse’s financial circumstances change, the court has the authority to adjust the maintenance payment. The court may reevaluate or stop paying maintenance if the spouse who is receiving it gets married again or starts seeing someone else.

Section 25 Hindu Marriage Act

According to the section 25 of the Hindu Marriage Act, the Act permits judges, taking into account the respondent’s income, assets, and the specifics of the case, to order the respondent to provide maintenance and support to the applicant for a period of time not to exceed the applicant’s life. A charge against the respondent’s real estate may be used as security for this payment. The court may alter, amend, or revoke the order as it sees fit in the event that either party’s circumstances change. The court may also alter, amend, or revoke the order as it sees fit if the person who was in favor of it remarried, maintained chastity, or had extramarital affairs.

The Hindu Marriage Act is an act that regulates and updates the rules for marriages between Hindus, Sikhs, Jains, and Buddhists. The parliament passed the Hindu Marriage Act of 1955. It contains the rules about Hindu marriage, restoration of marriage rights, legal separation and divorce, maintenance, and guardianship. The conditions for a legally binding Hindu marriage are covered in Sections 5 and 7 of the Hindu Marriage Act.

In this article, we will look into the Hindu Marriage Act of 1955 in detail along with the important sections of the Hindu Marriage Act, its structure, and features.