Hindu Marriage Act, 1955: All Sections Explained

In short: The Hindu Marriage Act, 1955 (Act No. 25 of 1955) covers the law of marriage among Hindus, Buddhists, Jains and Sikhs: conditions of a valid marriage, registration, restitution of conjugal rights, judicial separation, nullity, divorce, maintenance and custody. It came into force on 18 May 1955. It has 37 section entries, listed below with a plain-English summary of each. Part of our Law Library.

हिंदी में: हिन्दू विवाह अधिनियम, 1955 की सभी धाराएँ नीचे सरल भाषा में दी गई हैं।

All sections of the Hindu Marriage Act, 1955

Section	Title	What it covers
Preliminary
1	Short title and extent	Name of the Act and the territories it covers.
2	Application of Act	Applies to Hindus, Buddhists, Jains and Sikhs, and to anyone not a Muslim, Christian, Parsi or Jew unless shown otherwise; not to Scheduled Tribes unless notified.
3	Definitions	Defines custom, district court, full and half blood, sapinda relationship and degrees of prohibited relationship.
4	Overriding effect of Act	The Act overrides earlier Hindu law and customs on matters it covers.
Hindu marriages
5	Conditions for a Hindu marriage	Conditions for a valid marriage: no living spouse, sound mind, bridegroom 21 and bride 18, and parties not within prohibited degrees or sapindas unless custom permits.
6	[Omitted]	Omitted (formerly guardianship in marriage).
7	Ceremonies for a Hindu marriage	A Hindu marriage may be solemnised by the customary rites of either party; where saptapadi is part of the rites, the marriage is complete at the seventh step.
8	Registration of Hindu marriages	States may make rules for registering Hindu marriages; failure to register does not make a marriage invalid.
Restitution of conjugal rights and judicial separation
9	Restitution of conjugal rights	A spouse whose partner has withdrawn from the marriage without reasonable excuse can ask the court to order them to resume cohabitation.
10	Judicial separation	Either spouse may seek judicial separation on any ground available for divorce; cohabitation is then no longer required.
Nullity of marriage and divorce
11	Void marriages	Marriages in breach of the rules on a living spouse, prohibited degrees or sapinda relationship are void and can be declared so.
12	Voidable marriages	Marriages that can be annulled, such as for impotence, unsoundness of mind, consent obtained by force or fraud, or pregnancy by another man.
13	Divorce	Grounds for divorce, including adultery, cruelty, desertion for two years, conversion, mental disorder and renunciation, plus extra grounds for the wife.
13A	Alternate relief in divorce proceedings	The court may grant judicial separation instead of divorce in some cases.
13B	Divorce by mutual consent	Joint petition after one year of separation; decree on the second motion six to eighteen months later.
14	No petition for divorce to be presented within one year of marriage	No divorce petition within a year of marriage, except with leave for exceptional hardship or depravity.
15	Divorced persons when may marry again	When divorced persons may remarry: once no appeal is pending or the time for appeal has passed.
16	Legitimacy of children of void and voidable marriages	Children of void and voidable marriages are legitimate and inherit their parents’ property.
17	Punishment of bigamy	A second marriage while a spouse is alive is void and punishable as bigamy under the criminal law.
18	Punishment for contravention of certain other conditions for a Hindu marriage	Punishment for marriages in breach of the age, prohibited degrees and sapinda conditions.
Jurisdiction and procedure
19	Court to which petition shall be presented	Which district court can hear a petition: where the marriage took place, the respondent lives, the couple last lived together or the wife lives.
20	Contents and verification of petitions	What a petition must state and how it is verified.
21	Application of Act 5 of 1908	The Code of Civil Procedure applies to proceedings under the Act.
21A	Power to transfer petitions in certain cases	Transfer and joint trial of petitions filed by both spouses in different courts.
21B	Special provision relating to trial and disposal of petitions under the Act	Trial to continue day to day and finish within six months as far as possible; appeals within three months.
21C	Documentary evidence	A document is not inadmissible only because it is unstamped or unregistered.
22	Proceedings to be in camera and may not be printed or published	Proceedings are held in camera and may not be published without the court’s permission.
23	Decree in proceedings	What the court must be satisfied of before granting relief, including efforts at reconciliation.
23A	Relief for respondent in divorce and other proceedings	The respondent may also seek relief in the same proceedings.
24	Maintenance pendente lite and expenses of proceedings	Interim maintenance and litigation costs for a spouse without independent income while the case is pending.
25	Permanent alimony and maintenance	Permanent alimony or periodic maintenance at the time of the decree or later.
26	Custody of children	Orders on custody, maintenance and education of minor children during and after proceedings.
27	Disposal of property	The court may decide jointly owned property presented at or about the time of marriage.
28	Appeals from decrees and orders	Appeals from decrees and orders, within ninety days.
28A	Enforcement of decrees and orders	Decrees and orders are enforced like decrees of a civil court.
Savings and repeals
29	Savings	Saves earlier valid marriages and customary rights, including customary divorce.
30	[Repealed]	Repealed.

Need help with a case under this Act? See Divorce lawyer in Ghaziabad, Mutual consent divorce in Ghaziabad, Mutual consent divorce in Delhi, Child custody in Ghaziabad, or book a consultation. Back to the Law Library.

Prepared by Adv. Mridul Jindal, Law Chambers of Mridul Jindal, Indirapuram, Ghaziabad. Last updated 11 November 2026. Summaries are in plain English for general information and are not the text of the law or legal advice; always read the official text on India Code. Disclaimer.