THE HINDU
MARRIAGE ACT, 1955
(25 of
1955)
[18th
May, 1955]
CONTENTS
Preliminary
3. Definitions.
CHAPTER
II
Hindu
Marriages
5. Conditions for a Hindu
marriage
6. [Repealed].
7. Ceremonies for a Hindu
marriage.
8. Registration of Hindu
marriages.
Restitution of
Conjugal Rights and Judicial Separation
9. Restitution of conjugal
rights.
Nullity of
Marriage and
Divorce
11. Void 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.
18. Punishment for contravention
of certain other conditions for 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.
22. Proceedings to be in camera
and may not be printed or
published.
23A. Relief for respondent in
divorce and other proceedings.
24. Maintenance pendente lite and
expenses of proceedings
25. Permanent alimony and
maintenance.
28. Appeals from decrees and
orders
28A. Enforcement of decrees and
orders.
Savings and
Repeals
29. Savings.
30. Repeals.
THE HINDU
MARRIAGE ACT, 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:
CHAPTER
I
PRELIAIINARY
(1)
This Act
may be called the Hindu Marriage Act,1955.
(2) It extends
to the whole of India except 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.
(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 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
certained 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 hut 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 (t) 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.
CHAPTER
II
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
(ii)
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
(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 or epilepsy;]
(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;
1. Subs.
by Act No. 68 of 1976.
2. Subs.
by Act No. 2 of 1978 for “eighteen years” (w.e.f 1. 10.
1978).
3. Subs.
by Act No. 2 of 1978 for “fifteen years” (w.e.f.
1.10.1978).
4. Clause (vi) omitted by
Act No. 2 of 1978 (w.e.f. 1. 10.1978).
6.
Guardianship in marriage. -
[Rep. by the Child Marriage
Restraint (Amendment) Act, 1978, (2 of 1978) (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.
(1)
Notwithstanding anything
contained in subsection (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 behave shall be punishable with fine which may extend to
twenty-five rupees.
(2)
All
rules made under this section shall be laid before the State Legislature. Is soon as may be, after they are
made.
(3)
The
Hindu Marriage Register shall at all reasonable times be open for inspection,
and shall be admissible as evidence of the statements therein contained are
certified extracts therefrom shall, on application, be given by the Registrar on
payment to him of the prescribed fee.
(4)
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.
CHAPTER
III
RESTITUTION OF
CONJUGAL RIGHTS AND JUDICIAL SEPARATION
1[9. Restitution of conjugal rights.
-When
either the husband or the wife has, without reasonable excuse, withdrawn from
the society of the other, the aggrieved party may apply, by petition to the
district court, for restitution of conjugal rights and the court, on being
satisfied of the truth of the statements made in such petition and that there is no legal
ground why the application should not be granted, may decree restitution of
conjugal rights accordingly.
Explanation.
-Where a
question arises whether there has been reasonable excuse for withdrawal from the
society, the burden of proving reasonable excuse shall be on the person who has
withdrawn from the society.
1. Substituted by Act No.
68 of 1976.
1[(1) Either party to a marriage, whether
solemnized before or after the commencement of this Act, may present a petition
praying for a decree for judicial separation on any of the grounds specified in
subsection (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.
1. Substituted by Act No.
68 of 1976.
CHAPTER
IV
NULLITY OF
MARRIAGE AND DIVORCE
11. Void marriages. -Any
marriage solemnized after the commencement of this Act shall be null and void
and may, on a petition presented by either party thereto 1[against
the other party], be so declared by a decree of nullity if it contrivances any
one of the conditions specified in clauses (i), (iv) and (v) of Section
5.
1. Ins. by Act No. 68 of
1976.
(1)
Any
marriage solemnized, whether before of after ale commencement of this Act, shall
be voidable and may be annulled by a decree of nullity on any of the following
grounds, namely:
1(a) That the marriage has
not been consummated owing to the importance 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 2[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 3[or by
fraud as to the nature of the ceremony or as to any material fact or
circumstance concerning the respondent]; or
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
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 subsection (1) shall be entertained unless the court
is satisfied-
(i) That
the petitioner was at the time of the marriage ignorant of the facts
alleged;
(ii) That
proceedings have been instituted in the case of a marriage solemnized before the
commencement of this Act within one year of such commencement and in the case of
marriages solemnized after such commencement within one year from the date of
the marriage; and
(iii)
That marital intercourse with the
consent of the petitioner has no,, taken place since the discovery by the
petitioner of the existence of 4[the said ground].
1. Sub.
by Act No. 68 of 1976.
2. Subs.
by Act No. 2 of 1978. for “is required under Section
5”.
3. Subs.
by Act No. 68 of 1976, for “or fraud”.
4. Subs. by Act No. 68 of
1976 for “the grounds for a decree”.
(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]
(iv)
Has 3[* * * ]
has been suffering from a virulent and incurable form of
leprosy;
(v)
Has 3[* * *]
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;
4[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 corn
expressions shall be construed accordingly,]
(IA) 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 5[one year] or upwards
after the pressing 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 5[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
(ii) That the
husband has, since the solemnization of the marriage, been guilty of rape,
sodomy or 6[bestiality;
or]
7[(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).
1. Sub.
by Act No. 68 of 1976.
2. Subs. by Act No. 68 of
1976.
3.
Omitted by Act No. 68 of 1976.
4. Ins. by Act
No. 68 of 1976, for “two years”.
5. Subs. by
Act No. 68 of 1976, for “two years”.
6. Subs. by
Act No. 68 of 1976, for “bestiality”.
7. Ins. by Act No.
68 of 1976,
1[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 subsection (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. Ins. by Act No. 68 of 1976,
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 e re or after the commencement of the Marriage Laws (Amendment) Act,
1976 (69 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 2[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 1[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 1[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 1[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 1[said one year].
1. Subs. by Act No.
68 of 1976.
2. Proviso emitted
by Act No. 68 of 1976.
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 dismissed, it shall be lawful
for either party to-the marriage to marry again.
1[* *
*]
1. Proviso emitted by Act
No. 68 of 1976.
1[16. Legitimacy of children of void and
voidable marriages. –
(1)
Notwithstanding that 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.
Nothing contained in
subsection (1) or subsection (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.]
1. Subs. by Act No.
68 of 1976.
17. Punishment of
bigamy: -Any marriage 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 or 495 of the Indian Penal Code, 1860 (45 of 1860),
shall apply accordingly.
18. Punishment for contravention
of certain other conditions for 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-
(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 line 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; 2[* * *]
3 [* *
*]
1. Subs.
by Act 2 of 1978 for “(v) and (vi)” (w.e.f. 1. 10.
1978).
2. The
word “and” omitted by Act 2 of 1978, (w.e.f. 1. 10.
1978).
3.
Clause (c) omitted by Act 2 of 1978, (w.e.f. 1. 10.
1978).
CHAPTER
V
JURISDICTION
AND PROCEDURE
1[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-
(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 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.]
1. Subs. by
Act No. 68 of 1976.
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
1[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 refer-red to as
evidence.
1. Subs. by
Act No. 68 of 1976, for “and shall also state”.
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 older this Act shall be regulated, as far as may
be, by the Code of Civil Procedure, 1908.
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 of 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 it different State, the petitions shall be dealt with as specified in subsection (2).
(2) In a case where
subsection (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 subsection (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 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.
1.
Sections 2lA, 21B & 21C Ins. by Act No.68 of
l976.
21B. Special provision relating to trial and
disposal of petitions under the Act. –
(1)
The
trial of a
petition under this Act shall, so fir 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 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 trail within six 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.)
1[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.]
1. Subs. by
Act No. 68 of 1976.
(1) In any
proceeding under this Act, whether defendant or not, if the court is satisfied
that-
(a) Any of the
grounds for granting relief exists and the petitioner 1[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
purposes of such relief, and
(b) Where the
ground of the petition is the ground specified or in clause (i) or 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
1(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 a 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) or 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.]
1. Ins.
by Act No. 68 of 1976.
2. Subs.
by Act No. 68 of 1976, for “the petition”.
3. Ins.
by Act No. 68 of 1976.
1[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 one 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.]
1. Ins.
by Act No. 68 of 1976.
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.
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 1[* * *] 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 2[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 subsection (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 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].
1. The words
“while the applicant remains unmarried” emitted by Act No. 68 of 1976.
2. Subs. by
Act No. 68 of 1976.
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.
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 jointly to both the husband and the wife.
1[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 period of thirty days from the date of the
decree or order.
1. Subs. by
Act No. 68 of 1976 for Section 28.
28A. Enforcement of decrees and
orders:
-All
decrees and orders made by the court in any proceeding under this Act shall be
enforced ;ii 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.]
CHAPTER
VI
SAVINGS AND
REPEALS
(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:
-
[Rep, by
the Repealing and Amending Act, 1960 (58 of 1960)].