The Hindu Marriage Act, 1955 (HMA) is an Act of the Parliament of India that governs marriage among Hindus in India. It was enacted to amend and codify the law relating to Hindu marriage, and to bring uniformity in the law applicable to all Hindus.
The HMA defines a Hindu as a person who is a follower of Hinduism, Jainism, Buddhism, or Sikhism. It also includes a person who is a follower of any other religion, but who is a Hindu by birth or by conversion.
The HMA lays down the conditions that must be satisfied for a Hindu marriage to be valid. These conditions are:
* Neither party to the marriage must already be married.
* Both parties must be of sound mind and free from any mental disorder.
* Both parties must have attained the age of 18 years, unless their guardian has given consent for their marriage.
* The marriage must be solemnized in accordance with the customary rites and ceremonies of either party.
The HMA also provides for the registration of Hindu marriages. Every Hindu marriage must be registered within 30 days of the ceremony. The registration of a marriage is important, as it provides proof of the marriage and can be used in case of any disputes.
The HMA also provides for the dissolution of Hindu marriages. A Hindu marriage can be dissolved by divorce, judicial separation, or restitution of conjugal rights.
* **Divorce:** Divorce is the permanent and final dissolution of a marriage. It can be granted by a court on grounds such as adultery, cruelty, desertion, or insanity.
* **Judicial separation:** Judicial separation is a temporary separation of the spouses. It is granted by a court when the spouses are unable to live together due to a breakdown of their marriage.
* **Restitution of conjugal rights:** Restitution of conjugal rights is a court order requiring the spouses to live together again. It can be granted by a court when one spouse has deserted the other.
Bigamy is illegal under the HMA. Bigamy is the act of marrying someone else while still legally married to another person. It is a criminal offense and can be punished with imprisonment.
The HMA is a complex law with many provisions. If you have any questions about the Act, you should consult with a lawyer.
Here are some of the key provisions of the HMA:
* The minimum age for marriage is 18 years for men and 18 years for women.
* A marriage can be solemnized in accordance with the customary rites and ceremonies of either party.
* A Hindu marriage can be dissolved by divorce, judicial separation, or restitution of conjugal rights.
* Bigamy is illegal.
The HMA has been amended several times since it was enacted in 1955. The most recent amendment was made in 2005. The amendment introduced the concept of "irretrievable breakdown of marriage" as a ground for divorce.
The HMA is an important law that governs marriage among Hindus in India. It provides a framework for the solemnization, registration, and dissolution of Hindu marriages. The Act also protects the rights of women and children in Hindu marriages.
.jpg)
