Hindu Marriage Act: Marriage, Divorce, and Maintenance

The Hindu Marriage Act, 1955 is a comprehensive law that governs marriages, divorces, and maintenance among Hindus in India. This Act lays down the legal framework for various aspects of Hindu marriages, providing rights and obligations for both parties in a marital relationship. It applies not only to Hindus but also to Jains, Buddhists, and Sikhs.

1. Marriage under the Hindu Marriage Act

Marriage is a sacred institution in Hindu law. The Hindu Marriage Act defines conditions under which a Hindu marriage is legally valid. These conditions include:

Age: The bridegroom should be at least 21 years of age, and the bride should be at least 18 years old at the time of marriage.
Monogamy: Neither party should have a living spouse at the time of marriage. This prohibits polygamy and polyandry.
Mental Capacity: Both parties must be capable of giving valid consent and must not suffer from any mental disorder that renders them unfit for marriage or procreation.
Prohibited Degrees of Relationship: The parties should not be within prohibited degrees of relationship, unless such marriage is permitted by their custom.
Sapinda Relationship: Parties should not be sapindas unless their custom permits it.

Solemnization of Marriage: A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party. After solemnization, the marriage is considered legally binding.

2. Divorce under the Hindu Marriage Act

The Hindu Marriage Act provides for both judicial separation and divorce. Judicial separation allows the couple to live separately without ending the marriage, while divorce dissolves the marital relationship.

Grounds for Divorce under Section 13 of the Hindu Marriage Act include:

Adultery: If one spouse has voluntary sexual intercourse with someone other than their spouse.
Cruelty: Physical or mental cruelty by one spouse making it unbearable for the other to continue the marriage.
Desertion: If one spouse deserts the other for a continuous period of at least two years before filing for divorce.
Conversion: If one spouse converts to another religion.
Mental Disorder: If one spouse is suffering from an incurable mental disorder that makes it unreasonable to live with them.
Leprosy: If one spouse has a virulent and incurable form of leprosy.
Venereal Disease: If one spouse is suffering from a communicable venereal disease.
Renunciation: If one spouse renounces the world and joins a religious order.
Presumption of Death: If one spouse has not been heard of as being alive for seven years.

The Act also provides for mutual consent divorce, where both parties agree to dissolve the marriage amicably. This is available under Section 13B of the Act.

3. Maintenance under the Hindu Marriage Act

Maintenance is a key aspect of the Hindu Marriage Act and is covered under Sections 24 and 25.

Interim Maintenance (Section 24): Either spouse can seek maintenance during the pendency of legal proceedings (e.g., divorce, judicial separation). The court can direct the financially stronger spouse to pay reasonable expenses and maintenance to the other spouse.
Permanent Alimony and Maintenance (Section 25): After the conclusion of divorce proceedings, the court can order one party to pay maintenance to the other for life. The amount is based on factors such as the income and property of both parties, their needs, and the conduct of the spouses.
Factors for Maintenance:
Income of both parties
Financial needs and liabilities
Conduct of the spouse seeking maintenance
Duration of the marriage
Child custody responsibilities

The court may also order a lump sum payment or periodic payments depending on the case.

Frequently Asked Questions (FAQs)

1. What is the procedure for getting married under the Hindu Marriage Act?
To get married under the Hindu Marriage Act, you must meet the eligibility criteria (age, monogamy, consent, etc.) and perform the marriage ceremonies according to your customary rites. After the ceremony, you can register your marriage to make it legally recognized.

2. Can a marriage be annulled under the Hindu Marriage Act?
Yes, a marriage can be annulled under certain conditions, such as when one party was already married, the marriage was not consummated due to impotence, or there was fraud or coercion involved in obtaining consent.

3. How can a couple file for divorce by mutual consent?
For a mutual consent divorce, both spouses must agree to dissolve the marriage. They can file a joint petition after living separately for at least one year. If the court is satisfied that the marriage has irretrievably broken down, it will grant the divorce after a six-month waiting period.

4. What are the rights of a wife under the Hindu Marriage Act?
A wife has the right to seek maintenance during and after legal proceedings, the right to custody of her children, and the right to a share in her husband’s property upon divorce. She can also seek divorce on various grounds, including cruelty, desertion, or adultery.

5. How is maintenance calculated under the Hindu Marriage Act?
Maintenance is calculated based on factors such as the financial status of both spouses, their living standards, needs, and the duration of the marriage. The court aims to ensure that the spouse seeking maintenance can live in the same standard as they did during the marriage.

6. Can maintenance be denied to the wife?
Yes, maintenance can be denied if the wife has sufficient income to support herself, or if the court finds that she has committed adultery, deserted the husband without reasonable cause, or is guilty of cruelty.

7. How long does it take to get a divorce under the Hindu Marriage Act?
The time required to get a divorce varies depending on the grounds for divorce. Mutual consent divorces are generally faster, taking about 6-18 months. Contested divorces can take longer due to legal battles over issues like alimony, child custody, or division of assets.

8. What happens if one spouse refuses to pay maintenance?
If one spouse refuses to pay maintenance as ordered by the court, the other spouse can approach the court for enforcement of the order. The court can take legal actions such as attaching the defaulting spouse’s property or garnishing their wages.

9. Can the amount of permanent alimony be modified later?
Yes, the court can modify the amount of permanent alimony based on changes in the financial circumstances of either party. This can include events like remarriage, changes in income, or health conditions.

10. Is the Hindu Marriage Act applicable to all religions?
No, the Hindu Marriage Act applies only to Hindus, Jains, Sikhs, and Buddhists. For people from other religions, different laws such as the Special Marriage Act, Muslim Personal Law, or Christian Marriage Act would apply.

Conclusion

The Hindu Marriage Act, 1955 serves as a comprehensive legal framework governing marriage, divorce, and maintenance for Hindus, Jains, Buddhists, and Sikhs in India. It ensures the protection of both parties in a marriage, setting clear conditions for the solemnization of marriage and providing grounds for divorce based on specific circumstances like adultery, cruelty, and desertion. The Act also establishes provisions for maintenance, ensuring financial support for the spouse in need, both during and after legal proceedings. With evolving interpretations by the judiciary, the Act continues to protect the rights of individuals, ensuring justice and fairness in marital relationships. Its detailed legal provisions aim to safeguard personal dignity and uphold the sanctity of marriage, while offering recourse to those in distress.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304