HINDU LAW 1

Introduction
Personal laws are a set of laws that govern and regulate relations arising out of certain factors connecting
two persons or over two persons. These factors are marriage, blood, and affinity. Moreover, personal law
governs and regulates subjects or areas of a private sphere such as marriage, divorce, maintenance,
succession, minority, and guardianship, etc.

Hindu Marriage Act

The most significant institution in human society is marriage. It is a common occurrence. The foundation
of human civilization has come into the picture because of marriage. New social ties and reciprocal rights
between spouses are created through marriage. When children are born, their rights and position are
established. Every community recognizes specific steps for establishing these relationships and rights.
Real marriage is the acceptance of a new status with new responsibilities that are acknowledged by
others. Every society recognizes marriage as a socially accepted universal institution. One of the most
profound and intricate human partnerships is marriage.

India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to
religious views. This extends to personal laws inter alia in the matter of marriage and divorce. As part of
the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify
marriage law between Hindus. As well as regulating the institution of marriage (including validity of
marriage and conditions for invalidity), it also regulates other aspects of personal life among Hindus and
the applicability of such lives in wider Indian society. The Hindu Marriage Act provides guidance for Hindus
to be in a systematic marriage bond. It gives meaning to marriage, cohabiting rights for both the bride and
groom, and a safety for their family and children so that they do not suffer from their parental issues.

The Act of 1955 is spread across six Chapters, consisting of 29 Sections in total.

Essentials of Hindu Marriage Act

1. Forbidding Bigamy – The law forbids a man from having multiple wives at the same time. Section
5 of the act specifies that is illegal to have two living wives at once , which is known bigamy.
2. Marriageable age prescribed – According to section 5(iii) of the Hindu Marriage Act of 1955, the
bridegroom must be at least 21 years old and the bride must be at least 18 years old when they
get married. If a marriage is not carried out, it is void and has no legal standing.
3. Protects marriage – Section 9 of the HMA provides for restitution of conjugal rights which refers
the right to remain together. Conjugal rights are defined as rights deriving from a marital tie. The
main idea of Section 9 is that a spouse has the right to cohabitate in order to safeguard their union
and preserve its sanctity.
4. Focus on the mental stability of parties getting married – A person’s marriage will be null and void
if they were mentally unfit when they were married.
5. Significance of ceremonies involved in marriage – The law states that if two people get married
using the customary rituals and rights, their marriage is lawful.

Applicability

The Act applies to Hindus in all its forms and developments including Lingyats, and members of Brahmo
Samaj and Arya Samaj and such. It is applicable to any person who is a Buddhist, Jain or Sikh. The Act
applies to anyone who is a permanent resident in the India who is not Muslim, Jew, Christian, or Parsi by
religion unless a law is passed to the contrary. Although the Act originally applied to Sikhs as well, the
Anand Karj Marriage Act gives Sikhs their own personal law related to marriage. The Act originally did not
apply to citizens in the State of Jammu and Kashmir however the effect of the J&K Hindu Marriage Act,
1955 made it applicable. The Act does NOT apply to members of Scheduled Tribes unless the Central
government otherwise directs.

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HINDU LAW 2

Definitions
Sapinda relationship - “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.

Prohibited relationships - Two people are considered to be in a banned relationship if they are:

 If one is the other’s lineal ascendant or

 If one was married to or had a descendant from the other’s lineal ascendant;
 If one was the spouse of the other’s brother, father, mother, grandpa, grandmother, or any other
relative; or
 If one of the two is a brother or sister, an uncle or niece, an aunt or nephew, a child of a brother
or sister, or the children of two brothers or sisters.

Conditions for a valid marriage

Section 5 states the conditions for a valid Hindu marriage under the act

1. Both parties to marriage must be Hindu

2. Neither party should have a spouse living at the time of marriage
3. Should not be mentally unsound in order to form valid consent.
4. The bridegroom has completed 21 years of age and the bride 18 years
5. 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.
6. the
parties are
not sapindas
of each other,
unless the
custom or
usage
governing
each of them
permits of a
marriage
between the
two

Ceremonies

Section 7 of the Hindu Marriage Act recognises that there may be different, but equally valid ceremonies
and customs of marriage. As such, Hindu marriage may be solemnized in accordance with the customary
rites and ceremonies of either the bride or the groom. These rites and ceremonies include the Saptapadi
and Kreva.

Registering a marriage

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HINDU LAW 3

A marriage cannot be registered unless the following conditions are fulfilled:

 a ceremony of marriage has been performed; and

 the parties have been living together as husband and wife

Additionally, the parties must have been residing within the district of the Marriage Officer for a period
of not less than thirty days immediately preceding the date on which the application is made to him for
registration.

Section 8 of the Hindu Marriage Act allows a state government to make rules for the registration of Hindu
marriages particular to that state, particularly with respect to recording the particulars of marriage as may
be prescribed in the Hindu Marriage Register.

Registration provides written evidence of marriage. As such, the Hindu Marriage Register should be open
for inspection at all reasonable times (allowing anyone to obtain proof of marriage) and should be
admissible as evidence in a court of law.

Section 8(5) states that the omission to register a marriage shall not effect the validity of the marriage.

Void marriage

According to Section 11 of HMA, a marriage is null and void if:

1. Either party is under age – Less then 21 for bridegroom and 18 for bride.
2. Either party is not of Hindu religion – Both parties should be of Hindu religion at the time of
marriage.
3. Either party is already married – The act prohibits polygamy. A marriage can only be solemnized
if neither party has a living spouse at the time of marriage.
4. The parties are sapindas of each other or within the degree of prohibited relationship.

Voidable marriage

According to section 12 of HMA, marriage shall be voidable and may be annulled if:

1. Either party is impotent, unable to consummate marriage, or otherwise unfit for procreation of
children.
2. One party did not willingly consent. In order to consent, both parties must be sound of mind and
capable of understanding the implications of marriage. If either party suffers from a mental
disorder or recurrent attacks of insanity or epilepsy, then that may indicate that consent was not
(or could not be) given.
3. Consent was forced or obtained fraudulently, then the marriage may be voidable.
4. The bride was pregnant by another man other than the bridegroom at the time of the marriage.

Divorce

Although marriage is held to be divine, the Hindu Marriage Act does permit either party to divorce on the
grounds of unhappiness, or if he or she can prove that the marriage is no longer tenable. A petition for
divorce usually can only be filed one year after registration. However, in certain cases of suffering by the
petitioner or mental instability of the respondent, a court may allow a petition to be presented before
one year.Grounds for divorce:

1. Adultery – Either wife or husband can seek divorce if either of them has voluntary sexual
intercourse with a person other than his or her spouse.
2. Cruelty – The respondent/defendant has physically or mentally abused the petitioner.
3.

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4. Desertion – The respondent has deserted the petitioner intentionally for a continuous period of
not less than two years.
5. Conversion to another religion – The respondent has ceased to be a Hindu and has taken to
another religion.
6. Unsound mind – The respondent has been diagnosed since the marriage ceremony that as being
of unsound mind to such an extent that normal married life is not possible.
7. Venereal disease – Venereal diseases are sexually transmitted diseases (STDs) which can spread
through sexual activity. E.g. – AIDS, Gonorrhea, syphilis, etc. A petitioner can seek divorce against
a person suffering from a venereal disease in a communicable form.
o Affliction with leprosy was removed from the grounds of divorce by a 2019 amendment.
8. Renunciation of the World – The respondent has renounced the world by entering any religious
order.
9. Presumed Dead – The person has not been heard or seen as alive for seven years or more, then
the petitioner can seek divorce.
10. No resumption of cohabitation or no restitution of conjugal rights – If there has been no
resumption of cohabitation or restitution of conjugal rights after one year or more after the
passing of a decree for judicial separation, then either party may seek divorce.

A Wife may present a petition for dissolution of marriage on the ground:

1. That the husband has married again

2. That the other wife of the husband was alive at the time of marriage
3. That the husband has been, since the marriage, declared guilty of sodomy, rape or bestiality
4. Co-habitation has not been resumed within a year after an order for maintenance under
Section 125 of the Criminal Procedure Code or alternatively, under the Hindu Adoptions &
Maintenance Act 1956.
5. That the marriage was solemnized before the age of fifteen and she has renounced the
marriage between the age of 15 to 18.

Section 13B mentions Divorce by mutual consent

Divorce may be granted on the ground that

 both the parties have been living separately

 that they have not been able to live together
 they have mutually agreed that marriage should be dissolved.

Section 14 states that No petition for marriage may be presented within one year of marriage.

Permanent Alimony and Maintenance

At the time of the decree of divorce or at any subsequent time, the court may decide that one party should
pay to the other an amount for maintenance and support. This could be a one-off payment, or a periodical
(such as monthly) payment. The amount to be paid is at the discretion of the court, having regard to the
respondent’s income.

Section 25 mentions permanent alimony and maintenance.

Remarriage
Remarriage is possible once a marriage has been dissolved by a decree of divorce and no longer able to
be appealed (whether there was no right of appeal in the first place, or whether the time for appealing
has expired, or whether an appeal has been presented but dismissed).

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Restitution of Conjugal rights

In the strictest sense, marriage rights refer to the freedom to cohabit and have a sexual relationship with
one’s spouse. The wife and husband must respect each other’s rights and live together, which is one of
marriage’s most basic obligations. “Restitution of Conjugal Rights” is a legal clause that enables the
offended party to restore cohabitation with a spouse who withdrew without cause. It is frequently
thought of as a strategy to keep a marriage intact. Marriage imposes various marital obligations and grants
each spouse legal rights under all matrimonial laws.

Section 9 states that when either husband of wife has withdrawn from the society and companionship of
the other without reasonable cause, the court may pass a decree for restitution of conjugal rights.

Judicial Separation

On grounds of divorce as discussed in the previous sections, the court may pass a decree for judicial
separation which makes it non-obligatory on both the parties to cohabitate or live together. Section 10
talks about Judicial Separation.

Special Marriage Act

Applicability

1. Any person, irrespective of religion

2. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage
under the Special Marriage Act, 1954.
3. Inter-religion marriages are performed under this Act.
4. Inter caste marriages can also be performed under this act.
5. This Act is applicable to the entire territory of India and extends to intending spouses who are
both Indian nationals living abroad.

Essentials:

 The Act applies to all citizens, irrespective of religion or caste.

 Since the Act considers marriage to be a legal transaction, no rituals or ceremonies are conducted.
The marriage is carried out in accordance with the law i.e., through court marriage.

Secular act

The Special Marriage Act provides a special form of marriage, its registration and divorce. A marriage
between any two persons belonging to any religion or creed may be solemnized under this Act. Being a
secular Act, it plays a key role in liberating individuals from traditional requirements of marriage, the court
said.

Unique feature
A unique feature of the Special Marriage Act is compulsory registration of marriage under the Act, which
protects the interest of the parties and children born in the wedlock. No religious rituals or ceremonies
are required for the marriage to be completed under the Special Marriage Act and it is up to the parties
to decide whether they want to perform marriage rituals or not.

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HINDU LAW: -

1. Which among the following is not a ground for 11. Which of the following is provided in Section 7 of
divorce under the Special Marriage Act, 1954? the Hindu Marriage Act, 1955?
a) Adultery a) Registration
b) Desertion b) Ceremonies for solemnizing a Hindu marriage
c) Mental disorder c) Adoption of child
d) Irretrievable breakdown of marriage d) All of these
2. Karta of a joint Hindu family is 12. When two persons descend from a common ancestor
a) Junior male member of the family but by different wives, they are said to be related to
b) Senior-most male member of the family each other by
c) A female a) Sapinda relationship b) Half blood
d) None of the above c) None of the above d) Full blood
3. In case of female intestate dying without issue but 13. Which of the following is a legal effect of adoption?
leaving her husband a) An adopted child shall be deemed to be the child
a) The husband will take all her property of his or her adoptive father or mother
b) The husband shall not take any of her property b) All the ties of the child in the family of his or her
c) The husband will take all her property except birth shall be deemed to be served
property inherited from her father or mother c) Both (a) and (b)
d) None of the above d) None of these
4. As per law the minimum age for the marriage of 14. A Hindu wife can marry immediately after divorce.
a boy and a girl in India is------ A Muslim wife
a) 21 years in both cases a) can also marry immediately
b) 18 years and 21 years respectively b) has no wait till period of Iddat (seclusion)
c) 21 years and 18 years respectively c) has no wait for one year
d) 18 years in both cases d) None of the above
5. A Hindu joint family is a 15. A husband is obliged to maintain his divorced wife
a) Corporation b) Justice person a) Till the children grow up b) For ever
c) Composite family d) None of the above c) Till she gets remarried d) For 20 year
6. Degrees of prohibited relationships is applicable 16. In respect of family relations, the law applicable in
between two persons if they are related by India is
a) Full blood b) Half of uterine blood a) Secular law in India b) Statutory law
c) Adoption d) All of these c) Personal law of the parties d) Religious law
7. Under Hindu law, marriage is a 17. Codified Hindu law includes
a) Sacrament b) Contract a) Statutory law b) None of these
c) Both (a) and (b) d) None c) Sacred laws and Customs d) Both (a) and (b)
8. A marriage without requisite ceremonies under 18. Which one of the following is not included in the
the Hindu Marriage Act is term ‘Hindu’ used in the Hindu Marriage Act, 1955?
a) Null and void b) Voidable a) Sikhs b) Jains
c) void or voidable d) None of these c) Parsis d) Buddhists
9. The natural guardian of a minor Hindu boy is 19. A child marriage is
a) Only mother b) Only father a) Valid b) Void
c) Grandfather d) Father and mother both c) Voidable d) None of the above
10. A widow is entitled to maintenance 20. The liability of parents to maintain their unmarried
a) Only if she resides with the family relatives of daughter continues
her husband a) Till she attains majority by 18 years
b) If she does not reside with the relatives of her b) Till she gets married
husband c) So long as the daughter is unable to maintain
c) Either (a) or (b) herself
d) None of the above d) None of these

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21. Bigamy under the Hindu Marriage Act includes 31. Section 19 of H.A.M.A. provides in case of death of
a) Polygamy her husband, a Hindu wife is entitled to be
b) Polyandry maintained by
c) both polygamy and polyandry a) Father b) Brother-in-law
d) None c) Father-in-law d) None of these
22. Which of the following is excluded from the 32. A wife is entitled to a share on partition taking place
Hindu joint family between her husband and
a) Illegitimate son b) Widowed daughter a) His father b) His brother
c) Married daughter d) None of these c) His sons d) None of the above
23. Which is an ancestral property? 33. Which Act raised the minimum age of marriage
a) Property inherited from maternal grandfather a) Hindu Marriage Act
b) Property inherited from father’s father b) Indian Divorce Act
c) Property inherited from maternal uncle c) Child Marriage Restraint Act, 1978
d) All of these d) Special Marriage Act
24. Empowered court to appoint guardians is/are 34. A Hindu ceases to be Hindu by
a) District Court b) High Court a) Renunciation b) Abandonment
c) Both (a) and (b) d) None of these c) Conversion d) None of these
25. The Hindu Joint Family Property is 35. Which is not a Joint family property
a) All ancestral property a) Ancestral property lost by the family and recovered
b) Property acquired at the cost of ancestral property by a member without the assistance of JFP
c) Separate property of a coparcener which is b) Property granted by Government to a member of
voluntarily thrown by him into the common the joint family
stock to such an extent that it cannot be c) An acquisition made by means of learning under
distinguished from JFP the Hindu Gains of Learning Act, 1930
d) All of the above d) All of the above
26. Conjugal rights means 36. Which can be a subject matter of partition?
a) Matrimonial rights a) Joint family property
b) Cohabitation rights b) Impartible estate
c) Right of the parties to live together c) Separate property of a coparcener
d) None of these d) None of these
27. Ceremonies to marriage have been laid down in 37. When two persons have the same father but different
minute details in mothers, they are called
a) Grhiya sutras b) Dharma sutras a) Full blood b) Half blood
c) Dharma shastras d) None c) Uterine blood d) None of these
28. In respect of the partition of a dwelling house, a 38. A boy of 17 years marries a girl of 15 years. The
female has marriage is
a) An absolute right to claim partition a) Void
b) An absolute right of residence b) Voidable and punishable
c) Both (a) and (b) c) Valid and NOT punishable
d) None of these d) Valid and punishable
29. Marriage of two Hindus can be solemnised under 39. The stridhan implies
a) Hindu Marriage Act, 1955 a) Woman’s / widow’s estate
b) Special Marriage Act, 1954 b) Absolute property of a woman
c) either (a) or (b) c) Limited estate
d) only (a) & not (b) d) None of these
30. A person who has an adopted son living 40. Every Hindu, male or female, has the capacity to
a) Can adopt another son make an adoption if he or she is
b) Cannot adopt another son a) A major (18 years and above) and of sound mind
c) Can adopt another son with the consent of the b) A bachelor, widower, divorcee or married person
adopted son c) Both (a) and (b)
d) None of the above d) None of these

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41. Father-in-law’s obligation to maintain the 45. Which is not a ground of disqualification under the
daughter-in-law is Hindu Succession Act?
a) A personal obligation a) Mental disability
b) Co-extensive with the ancestral property in b) Unchastity of a widow
the hands of father-in-law c) A Hindu male/ female who coverts to another
c) Co-intensive with the personal property of the religion
father-in-law d) All of the above
d) None of the above
42. A child can be given in adoption by 46. Which of the following is not a ground for divorce;
a) The father b) The mother a) Insanity b) Epilepsy
c) The guardian d) All of the above c) leprosy d) None of the above
43. Which is the most common instance for 47. A man is not guilty of raping his wife unless she is
breakdown of marriage under the age of
a) Desertion b) Cruelty a) 12 years b) 13 years
c) Insanity d) None of these c) 15 years d) None of these
44. An adoption made by a Hindu male without the
consent of his wife is
a) Valid b) Voidable
c) Illegal d) Void

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