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{{Short description|Indian federal legislation}}
{{Use Indian English|date=May 2015}}
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{{Infobox legislation
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{{Close Relationships}}
The '''Hindu Marriage Act''' (HMA) is an [[Act of Parliament|Act]] of the [[Parliament of India]] enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the [[Hindu Code Bills]] during this time: the [[Hindu Succession Act]] (1956), the [[Hindu Minority and Guardianship Act]] (1956), the [[Hindu Adoptions and Maintenance Act]] (1956).▼
{{Family law}}
▲The '''Hindu Marriage Act
==Purpose==
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<ol type="a">
<li>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; </li>
<li>to any person who is a [[Buddhism|Buddhist]], [[Jainism|Jain]] or [[Sikhs|Sikh]] by religion; and</li>
<li>to any other person domiciled in the territories to which this Act extends who is not a [[Muslims|Muslim]], [[Christians|Christian]], [[Parsis|Parsi]] or [[Jews|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.</li>
</ol>
</ol>
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The Act applies to Hindus outside the territory of India only if such a Hindu is [[domicile (law)|domicile]]d in the territory of India.<ref>{{cite web|url=http://indiankanoon.org/doc/140502088/| title = Sondur Gopal Vs Sondur Rajini (Supreme Court)}}</ref>
The Act was viewed as conservative because it applied to any person who is Hindu by religion in any of its forms, yet groups other religions into the act (Jains, Buddhists, or Sikhs) as specified in Article 44 of the Indian Constitution.<ref name="revenue">[http://punjabrevenue.nic.in/hmrgact(1).htm ''Department of Revenue, Rehabilitation and Disaster Management''
A marriage is directly registered by the Registrar of Marriage under section 8 of Hindu Marriage Act, 1955 on the same working day when applied. Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt. of India and marriage certificate is issued.<ref>{{cite web |url=https://courtmarriageindia.org/ |title=Hindu Court Marriage in Delhi |publisher=Courtmarriageindia.org |access-date=2018-06-05}}</ref>
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According to Hinduism, marriage is a sacred relationship.<ref name="Law Commission Report">{{cite web|url=http://indiankanoon.org/doc/100425410/|title=Hindu Marriage Act,1955 And Special Marriage Act, 1954|work=indiankanoon.org|access-date=27 August 2015}}</ref> In some Hindu systems of marriage, there is no role for the state as marriage remained a private affair within the social realm.<ref name="menski">Menski, Werner. 2003. Hindu Law: Beyond Tradition and Modernity. Delhi: Oxford UP.</ref> Within this traditional framework reference, marriage is undoubtedly the most important transitional point in a Hindu's life and the most important of all the Hindu "sanskaras" (life-cycle rituals).<ref name="menski"/>
The Congress Government
Some have argued that Hindu marriage cannot be subjected to legislative intervention. [[J Duncan M Derrett|Derrett]] predicted in his later writings that despite some evidence of modernisation, the dominant view in Hindu society for the foreseeable future would remain that marriage is a form of social obligation.<ref name="menski"/>
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==Restitution of Conjugal Rights==
As stated in section 9 of the act, in cases where either the husband or the wife has withdrawn from the society of the other without reasonable excuse, the aggrieved party may apply to the district court for restitution of conjugal rights. If the court is satisfied with the truth of the statements and finds no legal ground to deny the application, it may decree restitution of conjugal rights.
==Judicial Separation==
Section 10 of the Act also provides for judicial separation, where either party to a marriage can present a petition for a decree of judicial separation. The court has the power to rescind the decree if it deems it just and reasonable to do so.
==Nullity of marriage and divorce==
Any marriage can be voidable and may be annulled on the following grounds: the marriage has not been [[Consummation|consummated]] due to impotency, may be complete or partial impotency (for example conditions such as impotence quoad hoc), contravention of the valid consent mental illness condition specified in Section 5, or that the respondent at the time of the marriage was pregnant by someone other than the petitioning spouse. Divorce can be sought by husband or wife on certain grounds, including: continuous period of desertion for two or more years, conversion to a religion other than Hindu, mental abnormality, venereal disease, and leprosy. A wife can also present a petition for the dissolution of marriage on the grounds that the husband marries again after the commencement of his first marriage or if the husband has been guilty of rape, sodomy, or bestiality. Newly married couples cannot file a petition for divorce within one year of marriage. There are some exceptions to file a petition within one year of marriage and that are discussed later under section 14.
==Mutual Divorce==
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Marriage Laws (Amendment) Bill, 2010 makes similar amendments to the Special Marriage Act, 1954 by replacing the words "not earlier than six months" in Section 28 with the words "Upon receipt of a petition" and provides restriction on decree for divorce affecting children born out of wedlock.
However, there was opposition to this bill due to the objection that it will create hardships for women and that the bill strongly supports one party while both parties should be treated equal in divorce.<ref>[https://web.archive.org/web/20120501091617/http://www.deccanchronicle.com/channels/nation/north/easier-divorce-bill-tabled-rajya-sabha-434 "Easier Divorce Bill Tabled in Rajya Sabha"], "[[Deccan Chronicle]]", 1 May 2012.</ref> Therefore, the bill was amended to provide for the wife's consent for waiver of six-month notice with the words "Upon receipt of petitions by the husband and the wife."
The Bill was passed by the [[Rajya Sabha]] in 2013,<ref>{{cite news|url =http://timesofindia.indiatimes.com/india/Rajya-Sabha-passes-women-friendly-marriage-bill/articleshow/22073635.cms|title = Rajya Sabha passes women-friendly marriage bill|date = 26
Protest against the bill came from [[Men's rights movement]] groups. Hridaya, a Kolkata-based NGO, demonstrated against the bill. [[Amartya Talukdar]] (a men's rights activist) raised concern that the bill introduces [[no-fault divorce]] for Hindus only. According to him, "If the Government really wants to bring about empowerment of women, let them make it open for all sections of the society. Let them bring a [[uniform civil code]]. Why is it only for the Hindus?"
== Judicial review ==
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=== Arun Kumar v. Inspector General of Registration ===
{{Main
A case before the [[Madras High Court]] opinioned same-sex marriage within historical Hinduism, that homosexual acts are not forbidden under the Act, and that marriage is a fundamental constitutional right.<ref name=":0">{{Cite web |date=2022-05-17 |title=Can the Hindu Marriage Act be interpreted to allow same-sex marriages? – The Leaflet |url=https://theleaflet.in/can-the-hindu-marriage-act-be-interpreted-to-allow-same-sex-marriages/ |access-date=2022-12-11 |website=theleaflet.in
=== Supriyo v. Union of India ===
{{Main
While most of the petitioners in the consolidated marriage case requested recognition of marriage under secular marriage laws, some of the [[Hindus|Hindu]] petitioners requested recognition under Hindu Marriage Act. These petitioners include [[Hindus|Hindu]] [[LGBT movements|queer rights activists]], such as Abhijit Iyer Mitra, [[Gopi Shankar Madurai]], Giti Thadani and G.Oorvasi.<ref name=":32">{{Citation |last1=Awasthi |first1=Raghav |title=Abhijit Iyer Mitra, Gopi Shankar M, Giti Thadani {{Abbr|&|and}} G.Oorvasi versus Union of India {{abbr|thr.|through}} Its Secretary, Ministry of Law and Justice. |url=http://orinam.net/content/wp-content/uploads/2021/08/mitra-et-al.pdf |publication-date=
The petitioners argued that they require legal recognition of their marriage because, unlike unregistered opposite-sex married couples, they often encounter officials who question the legitimacy of their relationship. The petitioners had to rely on personal connections and the goodwill of the authorities to access social and economic rights that are automatically available to married couples. To make their case, they presented evidence of the difficulty they faced in simple tasks such as opening joint bank accounts and obtaining proof of residence.<ref name=":32" /><ref name=":44" /><ref name=":45" /><ref name=":4">{{Citation |last1=Katju |first1=Arundhati |title=Dr Kavita Arora {{Abbr|&|and}} Ankita Khanna versus Union of India {{abbr|thr.|through}} Its Secretary, Ministry of Law and Justice. |url=http://orinam.net/content/wp-content/uploads/2021/08/kavita-ankita.pdf |publication-date=
==See also==
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* [[Christian personal law]]
* [[Gullipilli Sowria Raj v. Bandaru Pavani]]
* [[Hindu personal law]]
* [https://www.leadindia.law/blog/en/conditions-for-mutual-divorce-under-hindu-marriage-act/ Mutual Divorce under Hindu Marriage Act]
{{colend}}
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*[http://devgan.in/hindu_marriage_act/ H.M.A (Mobile Friendly)]
*[http://bokakhat.gov.in/pdf/The_hindu_marriage_act.pdf PDF file of the Hindu Marriage Act]
*[http://www.prsindia.org/uploads/media/Marriage%20Laws/Marriage%20Laws%20Bill%202010.pdf Marriage Laws (Amendment) Bill, 2010] {{Webarchive|url=https://web.archive.org/web/20121123002141/http://www.prsindia.org/uploads/media/Marriage%20Laws/Marriage%20Laws%20Bill%202010.pdf |date=23 November 2012 }}
*[http://advocateseema.in/files/AMENDMENT%20Divorce%20on%20ground%20of%20irretrievable%20breakdown%20of%20marriage.pdf Marriage Laws (Amendment), Divorce]
* [http://indianexpress.com/article/india/india-others/rajya-sabha-approves-bill-to-make-divorce-friendly-for-women/ Rajya Sabha approves bill to make divorce friendly for women]
{{Hindu Code bills}}
{{DEFAULTSORT:Hindu Marriage Act, 1955}}
[[Category:Hindu law]]
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