The Hindu Marriage Act, 1955
THE HINDU MARRIAGE ACT, 1955
(Act 25 of 1955)
[18th May, 1955]
[18th May, 1955]
An Act to amend and codify the law relating to marriage among
Hindus.
Preliminary
1. Short title and extent.-(1) This Act may be called
the Hindu Marriage Act, 1955.
(2) It extends to the whole of India except the State of Jammu and
Kashmir, and applies also to Hindus domiciled in the territories to which this
Act extends who are outside the said territories.
2. Application of Act.- (1) This Act applies,-
(a) to any person who
is a Hindu by religion in any of of its forms or developments, including a
Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who
is a Buddhist, Jaina or Sikh by religion, and
(c) to any other
person domiciled in the territories to which this Act extends who is not a
Muslim, Christian, Parsi or 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.
Explanation.- The following persons are Hindus, Buddhists, Jainas or
Sikhs by religion, as the case may be,-
(a) any child,
legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas
or Sikhs by religion;
(b) any child,
legitimate or illegitimate, one of whose parents is a Hindu, Buddhist Jaina or
Sikh by religion and who is brought up as a member of tribe, community, group
or family to which such parents belongs or belonged; and
(c) any person who is
a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.
(2) Notwithstanding
anything contained in sub-section (1),nothing contained in this Act shall apply
to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the
Constitution unless the Central Government, by notification in the Official
Gazette, otherwise directs.
(3) The expression
"Hindus" in any portion of this Act shall be construed as if it
included a person who, though
not a Hindu by religion
is, nevertheless, a person
whom this Act applies by virtue of the provisions contained in this
section.
3. Definitions.- In this Act, unless the
context otherwise requires,-
(a) the expression "custom" and "usage" signify
any rule which, having been continuously and uniformally observed for a long
time, has obtained the force of law among Hindus in any local area, tribe,
community, group or family:
Provided that the rule is certain and not unreasonable or opposed to
public policy; and
Provided further that in the case of a rule applicable only to a
family it has not been discontinued by
the family;
(b)"District Court" means, in any area for which there is
a City Civil Court, that Court, and in any other area the principal Civil Court
of original jurisdiction, and includes any other civil court which may be
specified by the State Government, by notification in the Official Gazette, as
having jurisdiction in respect of matters dealt with in this Act;
(c)"full blood"and "half blood"- two persons are
said to be related to each other by full blood when they are descended from a
common ancestor by the same wife and by half blood when they are descended from
a common ancestor but by different wives;
(d)"uterine blood" - two persons are said to be related to
each other by uterine blood when they are descended from a common ancestor but
by different husbands.
Explanation.- In Clauses (c) and (d) "ancestor" includes
the father and "ancestress" the mother;
(e)"prescribed" means prescribed by rules made under this
Act;
(f)(i)"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;
(ii)
two persons are said to be "sapinda" of
each other if one is a lineal ascendant of the other within the limits of
sapinda relationship, or if they have a common lineal ascendant who is within
the limits of sapinda relationship with reference to each of them;
(g)"degrees of prohibited relationship " - two persons are
said to be within the "degrees of prohibited relationship"-
(I) if one is a
lineal ascendant of the other; or
(ii) if one was the
wife or husband of a lineal ascendant or descendant of the other;
or
(iii)if one was
the wife of the brother or of the father's or mother's brother or of the
grandfather's or grandmother's brother or the other; or
(iv)if the two
are brother and sister, uncle and niece, aunt and nephew, or children of
brother and sister or of two brothers or of two sisters.
Explanation.- for the purposes of clauses (f) and (g) relationship
includes-
(I) relationship by
half or uterine blood as well as by full blood;
(ii) illegitimate
blood relationship as well as legitimate;
(iii)
relationship by adoption as well as by blood; and
all terms of relationship in those clauses shall be construed accordingly.
4. Overriding effect of Act.- Save as otherwise
expressly provided in this Act.-
(a) any text,rule or
interpretation of Hindu Law or any custom or usage as part of that law in force
immediately before the commencement of this Act shall cease to have effect with
respect to any matter for which provision is made in this Act;
(b) any other law in
force immediately before the commencement of this Act shall cease to have
effect in so far as it is inconsistent with any of the provisions contained in
this Act.
Hindu Marriages
5. Condition for a Hindu Marriage.- A marriage may be
solemnized between any two Hindus, if the following conditions are fulfilled, namely:
(i)
neither party has a spouse living at the time of the marriage;
(ii) at the time of
the marriage, neither party,-
(a) is incapable of
giving a valid consent of it in consequence of unsoundness of mind; or
(b)
though capable of giving a valid consent has been
suffering from mental disorder of such a kind or to such an extent as to be
unfit for marriage and the procreation of children; or
(c) has been subject
to recurrent attacks of insanity or epilepsy;
(iii)
the bridegroom has completed the age of twenty one
years and the bride the age of eighteen years at the time of the marriage;
(iv)
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;
(v)
the parties are not sapindas of each other, unless
the custom or usage governing each of them permits of a marriage between the two;
(vi) (Omitted)
6.
Guardianship in
Marriage.- (Omitted by Marriage Laws (Amendment) Act, 1976.
7.
Ceremonies for a
Hindu marriage.-(1) A Hindu marriage may be solemnized in accordance with the customary
rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptapadi (that is,
the taking of seven steps by the bridegroom and the bride jointly before the
sacred fire), the marriage becomes complete and binding when the seventh step
is taken.
8.
Registration of
Hindu Marriages.-(1) For the purpose of facilitating the proof of
Hindu marriages, the State Government may make rules providing that the parties
to any such marriage may have the particulars relating to their marriage
entered in such manner and subject to such condition as may be prescribed in a
Hindu Marriage Register kept for the purpose.
(2)
Notwithstanding anything contained in sub-section
(1), the State Government may, if it is of opinion that it is necessary or
expedient so to do, provide that the entering of the particulars referred to in
sub-section (1) shall be compulsory in the State or in any part thereof,
whether in all cases or in such cases as may be specified and where any such
direction has been issued, and person contravening any rule made in this behalf
shall be punishable with fine which may extend to twenty-five rupees.
(3)
All rules made under this section shall be laid
before the State Legislature, as soon as may be, after they are made.
(4)
The Hindu Marriage Register shall at all reasonable
times be open for inspection, and shall be admissible as evidence of the
statements therein contained and certified extracts therefrom shall, on
application, be given by the Registrar on payment to him of the prescribed fee.
(5)
Notwithstanding anything contained in this section,
the validity of any Hindu marriage shall in no way be affected by the omission
to make the entry.
Restitution of Conjugal rights and judicial separation
9.
Restitution of
conjugal rights.- When either the husband or the wife has, without reasonable excuse,
withdrawn from the society of the other, the aggrieved party may apply, by
petition to the district court, for restitution of conjugal rights and the
court, on being satisfied of the truth of the statements made in such
petition and that
there is no
legal ground why
the application should
not be
granted, may decree restitution of conjugal rights accordingly.
Explanation- Where a question arises whether there has been
reasonable excuse for withdrawal from the society, the burden of proving
reasonable excuse shall be on the person who has withdrawn from the society.
10. Judicial separation.- (1) Either party to a
marriage, whether solemnized before or after the commencement of this Act, may
present a petition praying for a decree for judicial separation on any of the
grounds specified in sub-section (1) of Section 13, and in the case of a wife
also on any of the grounds might have been presented.
(2) Where a decree for judicial separation has been passed, it shall
no longer be obligatory for the petitioner to cohabit with the respondent, but
the court may, on the application by petition of either party and on being
satisfied of the truth of the statement made in such petition, rescind the
decree if it considers it just and reasonable to do so.
Nullity of Marriage and Divorce
11. Nullity of marriage and divorce- Void marriages.- Any marriage
solemnized after the commencement of this Act shall be null and void and may,
on a petition presented by either party thereto, against the other party be so
declared by a decree of nullity if it contravenes any one of the conditions
specified in clauses (i), (iv) and (v), Section 5.
12.
Voidable
Marriages.-(1) Any marriage solemnized, whether before or after the commencement
of this Act, shall be voidable and may be annulled by a decree of nullity on
any of the following grounds, namely:-
(a)
that the marriage has not been consummated owing to
the impotency of the respondent; or
(b) that the marriage
is in contravention of the condition specified in clause (ii) of Section 5; or
(c)
that the consent of the petitioner, or where the
consent of the guardian in marriage of the petitioner was required under
Section 5 as it stood immediately before the commencement of the Child Marriage
Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by
force or by fraud as to the nature of the ceremony or as to any material fact
or circumstance concerning the
respondent; or
(d) that the
respondent was at the time of the marriage pregnant by some person other than
the petitioner.
2) Notwithstanding anything contained in sub-section (1), no
petition for annulling a marriage-
(a) on the ground
specified in clause (c) of sub-section (1) shall be entertained if-
(i)
the petition is presented more than one year after
the force had ceased to operate or, as the case may be, the fraud had been
discovered ; or
(ii) the petitioner
has, with his or her full consent, lived with the other party to the marriage
as husband or wife after the force had ceased to operate or, as the case may
be, the fraud had been discovered;
(b)
on the ground specified in clause (d) of sub-section
(1) shall be entertained unless the court is
satisfied-
(i)
that the petitioner was at the time of the marriage
ignorant of the facts alleged;
(ii)
that proceedings have been instituted in the case of
a marriage solemnized before the commencement of this Act within one year of
such commencement and in the case of marriages solemnized after such
commencement within one year from the date of the marriage; and
(iii)
that marital intercourse with the consent of the
petitioner has not taken place since the discovery by the petitioner of the
existence of the said ground.
13. Divorce- (1) Any marriage solemnized,
whether before or after the commencement of the Act, may, on a petition
presented by either the husband or the wife, be dissolved by a decree of
divorce on the ground that the other party-
(i)
has, after the solemnization of the marriage had
voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the
petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less
than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be
a Hindu by conversion to another religion ;
or
(iii)
has been incurably of unsound mind, or has suffering
continuously or intermittently from mental disorder of such a kind and to such
an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation- In this clause-
(a) the expression
"mental disorder" means mental illness, arrested or incomplete
development of mind, psychopathic disorder or any other disorder or disability
of mind and include schizophrenia;
(b) the expression
"psychopathic disorder" means a persistent disorder or disability of
mind (whether or not including sub-normality of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the part of the other
party and whether or not it requires or is susceptible to medical
treatment; or
(iv) has been
suffering from a virulent and incurable form of leprosy; or
(v) has been
suffering from veneral disease in a communicable form; or
(vi) has renounced the
world by entering any religious order; or
(vii)
has not been heard of as being alive for a period of
seven years or more by those persons who would naturally have heard of it, had
that party been alive;
Explanation.- In this sub-section, the expression
"desertion" means the desertion
of the petitioner by the other party to the marriage without reasonable
cause and without the consent or against the wish of such party, and includes
the willful neglect of the petitioner by the other party to the marriage, and
its grammatical variations and cognate expression shall be construed accordingly.
(1-A) Either party to a marriage, whether solemnized before or after
the commencement of this Act, may also present a petition for the dissolution
of the marriage by a decree of divorce on the ground-
(i) that there has
been no resumption of cohabitation as between the parties to the marriage for a
period of one year or upwards after the passing of a decree for judicial separation
in a proceeding to which they were parties;
or
(ii)
that there has been no restitution of conjugal
rights as between the parties to the marriage for a period of one year or
upward after the passing of a decree of restitution of conjugal rights in a
proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her
marriage by a decree of divorce on the ground-
(i) in the case of
any marriage solemnized before the commencement of this Act, that the husband
had married again before the commencement or that any other wife of the husband
married before such commencement was alive at the time of the solemnization of
the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of
the presentation of the petition;
(ii)
that the husband has, since the solemnization of the
marriage, been guilty of rape, sodomy or bestiality; or
(iii)
that in a suit under Section 18 of the Hindu
Adoptions and Maintenance Act, (78 of 1956), or in a proceeding under Section
125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or under
corresponding Section 488 of the Code of Criminal Procedure, (5 of 1898), a
decree or order, as the case may be, has been passed against the husband
awarding maintenance to the wife notwithstanding that she was living apart and
that since the passing of such decree or order, cohabitation between the parties
has not been resumed for one year or
upwards;or
(iv)
that her marriage (whether consummated or not) was
solemnized before she attained the age of fifteen years and she has repudiated
the marriage after attaining that age
but before attaining the age of eighteen years.
Explanation.- This clause applies whether the marriage was
solemnized before or after the commencement of the Marriage Law (Amendment)
Act, 1976.
13-A. Alternate Relief in
Divorce Proceedings.- If any proceeding under this
Act, on a petition for dissolution of marriage by a decree of divorce, except
in so far as the petition
is founded on the grounds
mentioned in clauses
(ii), (vi) and
(vii) of sub-section (1) of Section 13, the court may, if it
considers it just so to do having regard to the circumstances of the case, pass
instead a decree for judicial separation.
13-B. Divorce by mutual
consent.-(1) Subject to the provisions of this Act
a petition for dissolution of marriage by a decree of divorce may be presented
to the District Court by both the parties to a marriage together, whether such
marriage was solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, on the ground that they have been living separately for
a period of one year or more, that they have not been able to live together and
that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made earlier than six months
after the date of the presentation of the petition referred to in sub-section
(1) and not later than eighteen months after the said date, if the petition is
not withdrawn in the mean time, the Court shall, on being satisfied, after
hearing the parties and after making such inquiry as it thinks fit, that a
marriage has been solemnized and that the averments in the petition are true,
pass a decree of divorce declaring the marriage to be dissolved with effect
from the date of the decree.
Provided that on an application being made by both the parties, the court may reduce the period specified under this sub-section to a lesser period and the court may waive off the requirement for ving the motion by both the parties, if it is satisfied that the parties to the marriage are not in a position to reconcile their differences: Short title and commencement.
Provided further that where one of the parties fails to appear before the court within a period of three years from the date of presentation of the petition under sub-section (1), the court may, on an application made by the other party, waive the requirement of moving the motion by both the parties.
Provided that on an application being made by both the parties, the court may reduce the period specified under this sub-section to a lesser period and the court may waive off the requirement for ving the motion by both the parties, if it is satisfied that the parties to the marriage are not in a position to reconcile their differences: Short title and commencement.
Provided further that where one of the parties fails to appear before the court within a period of three years from the date of presentation of the petition under sub-section (1), the court may, on an application made by the other party, waive the requirement of moving the motion by both the parties.
13C Divorce on ground of irretrievable breakdown of marriage: (1) A petition for the dissolution of marriage by a decree of divorce may be presented to the district court by either party to a marriage [whether solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 2013], on the ground that the marriage has broken down irretrievably.
(2) The court hearing a petition referred to in sub-section (1) shall not hold the marriage to have broken down irretrievably unless it is satisfied that the parties to the marriage have lived apart for a continuous period of not less than three years immediately preceding the presentation of the petition.
(3) If the court is satisfied, on the evidence as to the fact mentioned in subsection (2), then, unless it is satisfied on all the evidence that the marriage has not broken down irretrievably, it shall, subject to the provisions of this Act, grant a decree of divorce.
(4) In considering, for the purpose of sub-section (2), whether the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding three months’ in all) during which the parties resumed living with each other, but no other period during which the parties lived with each other shall count as part of the period for which the parties to the marriage lived apart.
(5) For the purposes of sub-sections (2) and (4), a husband and wife shall be treated as living apart unless they are living with each other in the same household, and reference in this section to the parties to a marriage living with each other shall be construed as reference to their living with each other in the same household.
13D. Wife’s right to oppose petition on ground of hardship: (1) Where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, she may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to her and that it would in all the circumstances, be wrong to dissolve the marriage.
(2) Where the grant of a decree is opposed by virtue of this section, then,—
(a) if the court finds that the petitioner is entitled to rely on the ground set out in section 13C; and
(b) if, apart from this section, the court would grant a decree on the petition, the court shall consider all the circumstances, including the conduct of the parties to the marriage and the interests of those parties and of any children or other persons concerned, and if, the court is of the opinion that the dissolution of the marriage shall result in grave financial hardship to the respondent and that it would, in all the circumstances, be wrong to dissolve the marriage, it shall dismiss the petition, or in an appropriate case stay the proceedings until arrangements have been made to its satisfaction to eliminate the hardship.
13E. Restriction on decree for divorce affecting children: The court shall not pass a decree of divorce under section 13C unless the court is satisfied that adequate provision for the maintenance of children born out of the marriage has been made consistently with the financial capacity of the parties to the marriage. Explanation.— In this section, the expression “children” means—
(a) minor children including adopted children;
(b) unmarried or widowed daughters who have not the financial resources to support themselves; and
(c) children who, because of special condition of their physical or mental health, need looking after and do not have the financial resources to support themselves.
13F Special provision relating to share in immovable and movable property in proceedings under section 13C: (1) Without prejudice to any custom or usage or any other law for the time being in force, the court may, at the time of passing of the decree under section 13C on a petition made by the wife, order that the husband shall give for her and children as defined in section 13E, such compensation which shall include a share in his share of the immovable property (other than inherited or inheritable immovable property) and such amount by way of share in movable property, if any, towards the settlement of her claim, as the court may deem just and equitable, and while determining such compensation the court shall take into account the value of inherited or inheritable property of the husband. (2) Any order of settlement made by the court under sub-section (1) shall be secured, if necessary, by a charge on the immovable property of the husband.
14. No petition for divorce to be presented within one year of marriage.-
(1)
Notwithstanding anything contained in this Act, it
shall not be competent for any Court to entertain any petition for dissolution
of marriage by a decree of divorce, unless at the date of the presentation of
the petition one year has elapsed since the date of the marriage:
Provided that the court may, upon application made to it in
accordance with such rules as may be made by the High Court in that behalf,
allow a petition to be presented before one year has elapsed since the date of
the marriage on the ground that the case is one of exceptional hardship to the
petitioner or of exceptional depravity on the part of the respondent, but, if
it appears to the court at the hearing of the petition that petitioner obtained
leave to present the petition by any mis-representation or concealment of the
nature of the case, the court may, if it pronounces a decree, do so subject to
the condition that the decree shall not have effect until after the expiry of
one year from the date of the marriage or may dismiss the petition without prejudice
to any petition which may be brought after the expiration of the said one year
upon the same or substantially the same facts as those alleged in support of
the petition so dismissed.
(2) In disposing of
any application under this section for leave to present a petition for divorce
before the expiration of one year from the date of the marriage, the court
shall have regard to the interests of any children of the marriage and to the
question whether there is a reasonable probability of a reconciliation between
the parties before the expiration of the said one year.
15. Divorced persons when may marry again.- When a marriage
has been dissolved by a decree of divorce and either there is no right of
appeal against the decree or, if there is such a right of appeal, the time for
appealing has expired without an appeal having been presented, or an appeal has
been presented but has been dismissed, it shall be lawful for either party to
the marriage to marry again.
16. Legitimacy of children of void and voidable marriages.-
(1) Notwithstanding
that a marriage is null and void under Section 11, any child of such marriage
who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is
born before or after the commencement of the Marriage Laws (Amendment) Act,
1976, and whether or not a decree of nullity is granted in respect of the
marriage under this Act and whether or not the marriage is held to be void
otherwise than on a petition under this Act.
(2)
Where a decree of nullity is granted in respect of a
voidable marriage under Section 12, any child begotten or conceived before the
decree is made, who would have been the legitimate child of the parties to the
marriage if at the date of the decree it had been dissolved instead of being
annulled, shall be deemed to be their legitimate child notwithstanding the
decree of nullity.
(3)
Nothing contained in sub-section (1) or sub-section
(2) shall be construed as conferring upon any child of a marriage which is null
and void or which is annulled by a decree of nullity under Section 12, any
rights in or to the property of any person, other than the parents, in any
case, where, but for the passing of this Act, such child would have been
incapable of possessing or acquiring any such rights by reason of his not being
the legitimate child of his parents.
17. Punishment of Bigamy.- Any marriage between two
Hindus solemnized after the commencement of this Act is void if at the date of
such marriage either party had a husband or wife living; and the provisions of
Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly.
18. Punishment for contravention of certain other
conditions for a Hindu marriage.- Every person who procures a marriage of
himself or herself or to be solemnized under this Act in contravention of the
conditions specified in clauses (iii), (iv), and (v) of Section 5 shall be punishable-
(a) in the case of a
contravention of the condition specified in clause (iii) of Section 5, with
simple imprisonment which may extend to fifteen days, or with fine which may
extend to one thousand rupees, or with both;
(b) in the case of a
contravention of the condition specified in clause (iv) or clause
(v) of Section 5, with simple imprisonment which may extend to one
month, or
with fine which may extend to one thousand rupees, or with both;
(c) Clause (c)
omitted by Act 2 of 1978.
Jurisdiction and Procedure
19. Court to which petition shall be presented-
Every petition under this Act shall be presented to the District
Court within the local limits of whose ordinary original civil jurisdiction:
(i)
the marriage was solemnized, or
(ii) the respondent,
at the time of the presentation of the petition, resides, or
(iii) the parties to
the marriage last resided together, or
(iv)
the petitioner is residing at the time of the
presentation of the petition, in a case where the respondent is at that time,
residing outside the territories to which this Act extends, or has not been
heard of as being alive for a period of seven
years or more by those persons who would naturally have heard of him if
he were alive.
20. Contents and verification of Petitions.-(1) Every
petition presented under this Act shall state as distinctly as the nature of
the case permits the facts on which the claims to relief is founded and, except
in a petition under Section 11, shall also state that there is no collusion
between the petitioner and the other party to the marriage.
(2) The statements contained in every petition under this Act shall
be verified by the petitioner or some other competent person in the manner
required by law for the verification of plaints, and may, at the hearing, be
referred to as evidence.
21. Application of Act 5 of 1908.- Subject to the
other provisions contained in this Act and to such rules as the High Court may
make in this behalf all proceedings
under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.
21-A. Power to transfer petitions in certain cases.-(1)Where-
(a)
a petition under this Act has been presented to a
District Court having jurisdiction by a party to marriage praying for a decree
for a judicial separation under Section 10 or of a decree of divorce under
Section 13 or
section 13 C; and
(b)
another petition under this Act has been presented
thereafter by the other party to the marriage praying for a decree for judicial
separation under Section 10 or for a decree of divorce under Section 13 or
section 13 C on any
ground, whether in the same District Court or in a different District
Court, in the same State or in a different
State,
the petitions shall be dealt with as specified in sub-section (2).
(2) In a case where
sub-section (1) applies,-
(a) if the petitions
are presented to the same District Court, both the petitions shall be tried and
heard together by that District Court;
(b)
if the petition are presented to different District
Courts, the petition presented later shall be transferred to the District Court
in which the earlier petition was presented and both the petitions shall be
heard and disposed of together by the district court in which the earlier
petition was presented.
(3)
In a case where clause (b) of sub-section (2)
applies, the court or the Government, as the case may be, competent under the
Code of Civil Procedure, 5 of 1908 to transfer any suit or proceeding from this
District Court in which the later petition has been presented to the district
court in which the earlier petition is pending, shall exercise its powers to
transfer such later petition as if it had been empowered so to do under the
said Code.
21-B. Special provision relating to trial and
disposal of petitions under the Act.-(1) The trial of a petition
under this Act, shall, so far as is practicable consistently with the interests
of justice in respect of the trial, be continued from day to day until its
conclusion unless the Court finds the adjournment of the trial beyond the
following day to be necessary for reasons to be recorded.
(2)
Every petition under this Act shall be tried as
expeditiously as possible, and endeavour shall be made to conclude the trial
within six months from the date of service of notice of the petition on the respondent.
(3)
Every appeal under this Act shall be heard as
expeditiously as possible, and endeavour shall be made to conclude the hearing
within three months from the date of service of notice of appeal on the respondent.
21.-C. Documentary
evidence.- Notwithstanding anything in any
enactment to the contrary, no document shall be inadmissible in evidence in any
proceeding at the trial of a petition under this Act on the ground that it is
not duly stamped or registered.
22.
Proceedings to be
in camera and may not be printed or published.-(1) Every proceedings under
this Act shall be conducted in camera and it shall not be lawful for any person
to print or publish any matter in relation to any such proceeding except a
judgment of the High Court or of the Supreme Court printed or published with
the previous permission of the Court.
(2) If any person prints or publishes any matter in contravention of
the provisions contained in sub-section (1), he shall be punishable with fine
which may extend to one thousand rupees.
23. Decree in proceedings.-(1) In any proceeding under
this Act, whether defended or not, if the Court is satisfied that-
(a) any of the
grounds for granting relief exists and the petitioner except in cases where the
relief is sought by him on the grounds specified in sub-clause (a), sub- clause
(b) and sub-clause (c) of clause (ii) of Section 5 or in cases where the petition is
presented under section 13 C is not any way taking
advantage of his or her own wrong or disability for the purpose of such relief, and
(b)
where the ground of the petition is the ground
specified in clause (i) of sub- section (1) of Section 13, the petitioner has
not in any manner been accessory to or
connived at or condoned the act or acts complained of, or where the ground or
the petition is cruelty the petitioner has not in any manner condoned the
cruelty, and
(bb) when a divorce is sought on the ground of mutual consent, such
consent has not been obtained by force, fraud or undue influence, and
(c) the petition not
being a petition presented under section 11 is not presented or prosecuted in
collusion with the respondent, and
(d)
there has not been any unnecessary or improper delay
in instituting the proceeding, and
(e)
there is no other legal ground why relief should not
be granted, then,and in such a case, but not otherwise, the court shall decree such relief accordingly.
(2) Before proceeding
to grant any relief under this Act, it shall be the duty of the Court in the
first instance, in every case where it is possible so to do consistently with
the nature and circumstances of the case, to make every endeavour to bring
about a reconciliation between the parties:
Provided that nothing contained in this sub-section shall apply to
any proceeding wherein relief is sought on any of the grounds specified in
clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or clause
(vii), of sub-section (1) of Section 13.
(3)
For the purpose of aiding the Court in bringing
about such reconciliation, the court may, if the parties so desire or if the
Court thinks it just and proper so to do adjourn the proceedings for a
reasonable period not exceeding fifteen days and refer the matter to any person
named by the parties in this behalf or to any person nominated by the Court if
the parties fail to name any person, with directions to report to the Court as
to whether reconciliation can be and has been effected and the court shall in
disposing of the proceeding have due regard to the report.
(4) In every case
where a marriage is dissolved by a decree of divorce, the court passing the
decree shall give a copy thereof free of cost to each of the parties.
23-A. Relief for respondent in divorce and other
proceedings.- In any proceedings for divorce or judicial separation or restitution of
conjugal rights, the
respondent may not only oppose the relief sought on the ground of
petitioner's adultery, cruelty or desertion, but also make a counter-claim for
any relief under this Act on that ground; and if the petitioner's adultery,
cruelty or desertion is proved, the Court may give to the respondent any relief
under this Act to which he or she would have been entitled if he or she had
presented a petition seeking such relief on that ground.
24. Maintenance pendente lite and expenses of proceedings.-
Where in any proceeding under this Act it appears to the Court that
either the wife or the husband, as the case may be, has no independent income
sufficient for her or his support and the necessary expenses of the proceeding,
it may, on the application of the wife or the husband, order the respondent to
pay the petitioner the expenses of the proceeding such sum as, having regard to
the petitioner's own income and the income of the respondent, it may seem to
the Court to be reasonable.
25. Permanent alimony and maintenance.-(1) Any court
exercising jurisdiction under this Act may, at the time of passing any decree
or at any time subsequent thereto, on application made to it for the purposes
by either the wife or the husband, as the case may be, order that the respondent
shall pay to the applicant for her or his maintenance and support such gross
sum or such monthly or periodical sum for a term not exceeding the life of the
applicant as, having regard to the respondent's own income and other property
of the applicant, the conduct of the parties and other circumstances of the
case, it may seem to the Court to be just, and any such payment may be secured,
if necessary, by a charge on the immoveable property of the respondent.
(2)
If the Court is satisfied that there is a change in
the circumstances of either party at any time after it has made an order under
sub-section (1), it may at the instance of either party, vary, modify or
rescind any such order in such manner as the court may deem just.
(3)
If the Court is satisfied that the party in whose
favour an order has been made under this Section has re-married or, if such
party is the wife, that she has not remained chaste or if such party is the
husband, that he has had sexual intercourse with any woman outside wedlock, it may
at the instance of the other party vary, modify or rescind any such order in
such manner as the court may deem just.
26. Custody of children.- In any proceeding under this
Act, the Court may, from time to time, pass such interim orders and make such
provisions in the decree as it may deem just and proper with respect to the
custody, maintenance and education of minor children, consistently with their
wishes, wherever possible, and may, after the decree, upon application by
petition for the purpose, make from time to time, all such orders and
provisions with respect to the custody, maintenance and education of such
children as might have been made by such decree or interim orders in case the
proceedings for obtaining such decree were still pending, and the Court may also from time to time revoke,
suspend or vary any such orders and provisions previously made.
27. Disposal of property.-In any proceeding under this
Act, the Court may make
such provisions in the decree as it deems just and proper with
respect to any property presented at or about the time of marriage, which may
belong jointly to both the husband and the wife.
28. Appeals from decrees and orders.-(1) All decrees
made by Court in any proceeding under this Act shall, subject to the provisions
of sub-section (3), be appealable as decrees of the Court made in the exercise
of its original civil jurisdiction and every such appeal shall lie to the Court
to which appeals ordinarily lie from the decisions of the Court given in the
exercise of its original civil jurisdiction.
(2) Orders made by
the Court in any proceedings under this Act, under Section 25 or Section 26
shall, subject to the provisions of sub-section (3), be appealable if they are
not interim orders and every such appeal shall lie to the Court to which
appeals ordinarily lie from the decisions of the Court given in exercise of its
original civil jurisdiction.
(3) There shall be no
appeal under this section on subject of costs
only.
(4) Every appeal
under this section shall be preferred within a period of thirty days from the
date of the decree or order.
28(A) Enforcement of
decrees and orders.- All decrees and orders made by
the Court in any proceeding under this Act, shall be enforced in the like
manner as the decrees and orders of the Court made in the exercise of its
original civil jurisdiction for the time being
enforced.
29. Savings.-(1) A marriage solemnized
between Hindus before the commencement of this Act, which is otherwise valid,
shall not be deemed to be invalid or ever to have been invalid by reason only
of the fact that the parties thereto belonged to the same gotra or pravara or
belonged to different religion, castes or sub-divisions of the same caste.
(2) Nothing contained
in this Act shall be deemed to affect any right recognised by custom or
conferred by any special enactment to obtain the dissolution of a Hindu
Marriage, whether solemnized before or after the commencement of this Act.
(3) Nothing contained
in this Act shall affect any proceeding under any law for the time being in
force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial,
separation pending at the commencement
of this Act, and any such proceeding may be continued and determined as if this
Act had not been passed.
(4) Nothing contained
in this Act shall be deemed to effect the provisions contained in the Special
Marriage Act, 1954 (43 of 1954), with respect to marriages between Hindus
solemnized under that Act, whether before or after the commencement of this Act.
30. Repeals.- (Repealed by the Repealing
and Amendment Act, 1960 (58 of 1960), Sec. 2 and the First Schedule.)
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