Section 2 - Who all are Hindus
Section 3 - Sapinda
Section 5 - Essentials of Hindu Marriage. 1,4,5-> Void
Section 7 - Saptapadi Ritual
Section 9 - Restitution of Conjugal Rights
Section 10 - Judicial Separation
Section 11 - Void Marriage
Section 12 - Voidable Marriage
Section 13(1) - Grounds for Divorce
Section 13(1A) - Alternative procedure for divorce matters
Section 13(2) - Extra Grounds for Wife
Section 13(1B) - Divorce by Mutual Consent
Section 14 - 1 year must have lapsed after marriage
Section 15 - Divorced people can marry others
Section 16 - Legitimate Children
Section 17 - Punishment for bigamy
Section 18 - Punishment for contravention
Section 24 - Maintenance
Section 25 - Alimony
Hindu Marriage Act is a Personal Law and it is codified.
Hindu Marriage Act and Related Laws
1. Hindu Marriage Act (for Marriage and Divorce)
2. Hindu Succession Act
3. Special Marriage Act
4. Hindu Adoption and Maintenance Act
5. Hindu Minority and Guardianship Act
1. Hindu Marriage Act
It is effective from:
- Birth as Hindu
- One of the Parents at least is a Hindu
Section 2: Who all are Hindus
- Arya Samaj
Marriage in Hindu Law is Sacramental + Saptapadi (1 of 16) 7 Steps
1. Essentials of Hindu Marriage
1. No spouse during marriage i.e. Monogamy
2. Minimum age 18 & 21
3. Sanity, Sound mind
4. Prohibited relationships (near relatives), Sapinda (blood relation) - Indirectly came from same family
Section 7 -> Customary rights -> saptapadi
Section 8 Marriages are required to be registered
Seema Vs Ashwani Kumar
5. Remedies for Hindu Marriage
|Restitution of Conjugal Rights Section 9||Judicial Separation Section 10||Divorce (Final) Section 13|
|Every person in a marriage has conjugal right and other has responsibility||Person get decree from court to live apart||Same grounds as that of Judicial Separation|
|Either Party dissatisfied can filed suit for Restitution of Conjugal Rights||No Conjugal Right||Difference is that Judicial Separation is not permanent|
|Proof is necessary||Live Separately||All Termination|
|Court will pass a decree||Not divorced||Section 14 at least after 1 year|
|Termination of Marriage - No||They can live together back|
|Mediation||Persons can apply any time|
|If remedy in RCR fails, the person can go for divorce|
Grounds for Divorce
1. Adultery - Adultery is not a crime but is a ground for divorce
2. Cruelty - Verbal, Physical, Emotional, Mental, Not talking
3. Desertion - Left after leaving the person alone
4. Conversion - If one person go back to another religion or change religion
5. Insanity - Become mad
6. Venereal Disease - e.g. aids etc
7. Renounce - give up or turn away from
8. Unheard for 7 years - Missing since at least 7 years
Extra Grounds for wife for marriage
2. Rape, Partiality, Sodomy
3. Maintenance Order
4. Less than 18 years
Section 15 - Divorced people are free to marry (includes re-marriage)
Important Case Laws
Yamunabhai Vs Anant Rao
If man is already married, second marriage is null and void
Sarla Mudgal Vs Union of India
Man Converted to marry more women, which was declared void by the Court
Lily Thomas Vs Union of India
1st Marriage by Personal Law -> 2nd marriage through personal law
Restitution of Conjugal Life - Section 9
Saroj Rani Vs Sudarshan Kumar
Conjugal right is inherit in concept of marriage. If conjugal right is misused, other person can file an application to restore it.
Alternative Proceedings for Divorce Matters
1st Alternative - Judicial Separation
If No cohabitation happens Section 13A
2nd Alternative - Divorce
The Court may give direct divorce in cases where one partner has
(iii) Unheard since 7 years
Divorce by Joint Mutual Consent
If husband and wife are separate for a year through mutual consent / agreement, then both the parties can present a Joint Petition. Section 13B.
The Court gives cooling period of 6 to 18 months
After cooling period divorce is given with their free consent.
In Amardeep Singh Vs Harveen Kaur, 2017 the Hon'ble Supreme Court held that Cooling period of 6 months is not mandatory and discretionary.
Nullity of Marriage
A Void or voidable marriage cannot become valid under Hindu Law.
If a person is married already, second marriage cannot become valid, thus void.
Section 17 of Hindu Marriage Act
Section 494 of IPC
Section 495 of IPC
Spouse becomes insane or forcefully married, then marriage is voidable and the party can apply for divorce. Section 12.
3. Age of Parties
Bride 18 Years, Bridegroom 21 Years
As per Section 18 of Hindu Marriage Act punishment is up to 2 years of rigorous imprisonment and file up to Rs. 1,00,000/- or both.
4. Degree of Relationship
Section 18 Punishable fine of Rs. 1000 or 1 month imprisonment or both
Void and Voidable Marriage
Void Marriage -> Void since beginning
Voidable Marriage -> Valid earlier but become voidable and back to unmarried now.
Section 5 - Monogamy - Void
Sapinda - Degree of prohibited relationship - Void
Female had pregnancy through other man
Marriage without Consent
Children Section 16
Children born through void and voidable marriages are legitimate
Nature - Criminal
Procedure - Civil, CPC
Section 24, 25 of Hindu Marriage Act
Hindu Adoption and Maintenance Act
Section 125 of CrPC
- Basic amenities
- Right of female
- To make sure that the spouse is financially capable.
- Court will make sure that some amenities are provided to both.
Section 24: During the pendency of divorce proceedings at any time, if the wife establishes that she has no sufficient independent income for her support, it is open for her to claim maintenance pendente lite. Order will be pronounced by court within 60 days.
Section 25 of Hindu Marriage Act
- Lump sum after divorce
- Given to spouse who is financially incapable
- Person at lower end files an appeal in court. The court then checks financial of both and passes orders.
Alimony can be cancelled if:
Spouse marries or consummates during proceedings.
Custody of Children
- Order within 60 days
- Court can pass orders from time to time in favour of the one having custody.
Constitution of India
Other Laws, International bodies etc