Section 29 Hindu Marriage Act 1955 - Savings Explained

Section 29 of the Hindu Marriage Act, 1955 protects specified pre-existing marriages, customary or statutory divorce rights, proceedings that were already pending when the Act commenced, and the operation of the Special Marriage Act, 1954.

Is a Hindu marriage solemnized before the Hindu Marriage Act, 1955 automatically invalid because the parties belonged to the same gotra or pravara, or to different religions, castes or sub-divisions?
No. Under Section 29(1), a pre-Act marriage that is otherwise valid is not invalid merely for any of those reasons.

Meaning and purpose of Section 29

Section 29 is a savings provision. A savings clause preserves specified rights, legal effects or proceedings from being displaced merely because a new statute has come into force. In the Hindu Marriage Act, Section 29 identifies four matters that remain protected despite the Act.

The Hindu Marriage Act, 1955 is Act No. 25 of 1955 and was enacted to amend and codify the law relating to marriage among Hindus. Section 29 appears under the heading "Savings and Repeals".

Section 29(1): marriages solemnized before commencement of the Act

Effect of the provision: A marriage between Hindus solemnized before commencement of the Hindu Marriage Act, if otherwise valid, does not become invalid merely because the spouses belonged to the same gotra or pravara, or because they belonged to different religions, castes or sub-divisions of the same caste.

The words "otherwise valid" are important. Section 29(1) is a limited saving rule: it removes the specified gotra, pravara, religion or caste difference as the sole reason for treating such a pre-Act marriage as invalid. It does not declare every pre-1955 marriage valid regardless of other applicable legal requirements.

Section 29(2): customary and special-enactment rights to dissolution

Section 29(2) preserves a right to obtain dissolution of a Hindu marriage when that right is recognised by custom or conferred by a special enactment. The saving applies whether the marriage was solemnized before or after commencement of the Hindu Marriage Act.

This means the Act does not, merely by its own operation, extinguish a qualifying customary right of dissolution or a dissolution right created by a special statute.

Section 29(3): proceedings pending when the Act commenced

Section 29(3) protects proceedings that were already pending at commencement of the Hindu Marriage Act under the law then in force for declaring a marriage null and void, annulling or dissolving a marriage, or obtaining judicial separation. Such proceedings could continue and be determined as though the Hindu Marriage Act had not been passed.

This is a transitional provision. Its focus is the legal treatment of proceedings that were pending when the 1955 Act commenced, rather than proceedings newly instituted today.

Section 29(4): marriages under the Special Marriage Act, 1954

Section 29(4) makes clear that the Hindu Marriage Act does not affect the provisions of the Special Marriage Act, 1954 concerning marriages between Hindus solemnized under that Act, whether those marriages took place before or after commencement of the Hindu Marriage Act.

Accordingly, where Hindus marry under the Special Marriage Act, the legal framework applicable to that marriage cannot be displaced merely by invoking the Hindu Marriage Act.

Important legal expressions

Custom and usage

Section 3(a) of the Hindu Marriage Act defines "custom" and "usage" as a rule continuously and uniformly observed for a long time that has obtained the force of law among Hindus in a local area, tribe, community, group or family. The rule must be certain and must not be unreasonable or opposed to public policy; a family custom must also not have been discontinued.

Gotra and pravara

For Section 29(1), gotra and pravara are relevant because the provision expressly prevents an otherwise valid pre-Act Hindu marriage from being invalidated solely on the stated same-gotra or same-pravara ground. Whether another legal issue affects a particular marriage depends on the facts and the applicable law.

Judicial separation

Judicial separation is a matrimonial remedy under which the spouses are no longer obliged to cohabit while the marriage itself is not dissolved by that decree. Section 29(3) specifically addressed judicial-separation proceedings that were pending when the Hindu Marriage Act commenced.

Practical point: Section 29 is a savings provision, not a general ground for divorce, annulment or judicial separation. Current matrimonial relief ordinarily depends on the substantive provisions applicable to the marriage and the facts of the case.

Official statutory sources

For the authoritative Central Act text, refer to India Code - Hindu Marriage Act, 1955. For marriages governed by the separate statute mentioned in Section 29(4), see the India Code portal and search for the Special Marriage Act, 1954.

This article explains the statutory provision for general legal information. Application of Section 29 to a particular marriage or customary practice depends on the relevant facts, evidence and law.