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Family Law: Hindu Marriage Act and Divorce

Understanding marriage and divorce under the Hindu Marriage Act, 1955

Family Law
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November 01, 2025 at 2:37 AM
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The Hindu Marriage Act, 1955 is an Act of the Parliament of India enacted in 1955. It was part of the Hindu Code Bills and brought about major reforms in Hindu personal law. The Act applies to Hindus, Buddhists, Jains, and Sikhs. It provides for: 1. Conditions for a Hindu marriage 2. Ceremonies for a Hindu marriage 3. Registration of Hindu marriages 4. Restitution of conjugal rights 5. Judicial separation 6. Divorce 7. Nullity of marriage and divorce 8. Custody, maintenance, and education of minor children Conditions for a Hindu Marriage (Section 5): - Neither party has a spouse living at the time of marriage - Neither party is incapable of giving valid consent - The bridegroom has completed 21 years and the bride 18 years - The parties are not within the degrees of prohibited relationship - The parties are not sapindas of each other Grounds for Divorce (Section 13): - Adultery - Cruelty - Desertion for 2 years - Conversion to another religion - Mental disorder - Leprosy - Venereal disease - Renunciation of the world - Presumption of death The Act also provides for maintenance and alimony (Section 25) and custody of children (Section 26).
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