Hindu Marriage
Act, 1955
(Act No. 25 of 1955)
[18th May, 1955]
An Act to amend and codify the law relating to marriage
among Hindus. Be it enacted by Parliament in the 6th 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 excepts the State of Jammu and
Kashmir 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) 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 This
Actreligion, 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 person 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 Actapplies 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 and
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 : includes the father and .
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 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 person are said to be related to each other by uterine
blood when they are descended from a common ancestor but by different husbands;
Explanation-In
clauses (c) and (d), "ancestor" "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; (f) (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 ofsapinda relationship with reference to
each of them;
(g) "degrees
of prohibited relationship" -two persons are said to be within the "degrees
of prohibited relationship"- (g) (i) if one is a lineal ascendant of the other;
or (g) (ii) if one was the wife or husband of a lineal ascendant or descendant
of the other; or (g) (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 (g) (iv) if the two are brother and sister, uncle and niece,
aunt and nephew, or children or 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 blɔod; (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 . 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. asHindu 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;
(ii) at the time of the marriage, neither party- (ii) (a) is
a incapable of giving a valid consent to it in consequence of unsoundness of
mind; or (ii) (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 (ii) (c) has been subject to
recurrent attacks of insanity or epilepsy;
(iii) the bridegroom has completed the age of twenty-one
years and the bride the age of 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:
(vi) [xxxxx] Omitted
6. [xxxxx] Omitted
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. decree the
application should not be granted, may 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.
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 pat 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 may 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 or 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-W h e n 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
10. Judicial separation-(1)Either party toa 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 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 ofeither 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 sole- mnized after the commencement of this Act shall be null
and void and may, on a 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) of 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 impotence 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 has 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
marriage solemnized before the commencement of this Act within one year of such
commencement and in the case of marriages solemnized after such commen- cement
within one year from the date of the marriage; and
(iii) that martial 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 ofthis 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 marri- age, had
voluntary sexual intercourse with any person other than his or her spousc; 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
Hindu be conversion to another religion; or
(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 subnormality 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(1
(vii) has not been
heard of as being alive for a period of seven years or more by those persons
who would naturally haye 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 expressions
shall be construed accordingly. (
1A) Either party to a marriage, whether solemnized before or
after the commemce- ment 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 to the marriage
for a period of one year or upwards after the passing of a decree for
restitution of conjugal rights in a proceeding to which they were parties.
(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 variations and cognate
(ii) that the husband has, since the solemnization of the
marriage, been guilty of rape, sodomy or bestiality; or
(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 consum- mated 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).
-13A. Alternate 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
. 13B. Divorce by mutual consent-
(1) Sub- ject 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, on relief in divorcethe
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
averements 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) Notwith- standing 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, 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
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 shall not have effect until after the 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 the expiration of the said
one year upon the same orsubstantially 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 expiration of one year from the
date of the marriage, the court shall have regard to 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 reconcilatiion between
the parties before the expiration of the 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. 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, 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 ofa
voidable marriage under section 12, any child begotton 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 deemedto be their legitimate child notwithstanding the decree
of nullity. marri- Jurisdiction and
Procedure
17. Punishment of
bigamy-Any age between two Hindus solemnized after 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 (45
of 1860) shall apply accordingly.
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)and(v) of
section 5 shall be punishable-
(a) in the case of a
contravention of the condition specified in clause (iii) of section 5, with
simple imprisonment which may extend to fifteen days, or with fine which may
extend to one thousand 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
(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
(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.
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- (15 (3) Noting 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, if 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 this not being the
legitimate child of his parents.
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 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.
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 (1 (b) another petition under this Act has been presented
thereafter by the other party of 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 wh.ch 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. be printed or published-(1) any (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 endeavor 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-Notwith- standing 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
. 22. Proceeding to be in camera and may not 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 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 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) or 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
(b) Where the ground of the petition is the ground specified
in clause (i) of sub-section (1) of section 13, the petitioner has not in anymanner
been accessory to or connived at ora 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
(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) 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 a
reconciliation between the parties : . 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. (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
. 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 3 petitioner's own income and the income of
the respondent, it may seem to the court to be reasonable.
1[. 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 mainten- ance-
(1) Any court exercising jurisdiction under this Act may, at
the time of passing any decree or at any time sub-sequent 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 pay to 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
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
women outside wedlock, 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 pro- ceeding 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. [. 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 pro- ceeding 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.
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 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 period of thirty 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 are enforced. Savings and Repeal
s 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 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-Repealed
by the Repealing and Amending Act, 1960(58 of 1960), s. 2 and First Schedule. .