Hindu Marriage Act 1955
1.[Act No. 25 Of 1955]
[18th May, 1955.]
Statement of Objects and Reasons :
The Hindu Code as drafted by the Rau Committee was introduced in the Legislative Assembly in 1947 and was referred to a Select Committee of the Constituent Assembly of India (Legislative) on 9th April, 1948. The Select Committee submitted its report on the 28th August, 1948 and their revised draft was discussed at considerable length by the Provisional Parliament, but as the Bill could not be passed before the dissolution of that Parliament, it now stands lapsed.
2. As stated earlier by Government, the Code is now being split up into separate parts for the purpose of facilitating discussion and passage in Parliament, and the present Bill is the first of a series of such parts and deals with marriage and divorce. The earlier Bill has now been considerably revised, one significant change being the omission of all provisions relating to civil marriages, a subject dealt with in the Special Marriage Bill now pending before the Council of States.
Amendment Act 68 of 1976-Statement of Objects and Reasons :
The Hindu Marriage Act, 1955, became law on the 18th May, 1955. It applies to all Hindus, Buddhists, Jains or Sikhs. It applies also to all other persons who are not Muslims, Christians, Parsis or Jews unless they establish that they were not governed by Hindu Law, custom or usage prior to the Act.
Since the passing of the Hindu Marriage Act, various suggestions for amending the same, as well as the Special Marriage Act, 1954, were received from some Members of Parliament and the general public. The Special Marriage Act, 1954, being a civil law applicable to all, has necessarily to keep pace with any reform of matrimonial laws. The Law Commission was requested to examine the matter and they have presented the Fifty-ninth Report which contains their recommendations. The Bill seeks to amend both the Acts aforesaid so as to implement, with necessary modifications, the recommendations contained in that Rei,ort. The Committee on Status of Women in India have generally supported the amendments proposed by the Law Commission and suggested, inter alia, the incorporation of a suitable provision for mutual consent in the Hindu Marriage Act more or less on the lines of a provision in that behalf in section 28 of the Special Marriage Act. It is, however, felt that when once the parties have chosen to move the Court for divorce by mutual consent, it is not necessary to make them wait for a further period of one year to obtain relief. This period of waiting is, therefore, proposed to be reduced from one year to six months. The Committee has further suggested that having regard to the frequent violations of the provisions of the Child Marriage Restraint Act, it is necessary to provide in the Hindu Marriage Act a suitable provision conferring the right of repudiation on girls who are subject to such marriages, whether the marriage was consummated or not. The right of repudiation is proposed to be conferred on such girls subject to their exercising the same before attaining the age of 18 years. To avoid multiplicity of litigation and consequent delay, it is also proposed to apply the amended law in relation to all pending proceedings under the relevant Acts.
The objects of the legislation are mainly, (1) to liberalise the provisions relating to divorce; (2) to enable expeditious disposal of proceedings under the Act; and (3) to remove certain anomalies and handicaps that have come to light after the passing of the Act.
Amendment Act 2 of 1978-Statement of Objects and Reasons :
The Bill seeks to amend the Child Marriage Restraint Act, 1929, to increase the minimum age of marriage from fifteen to sixteen for females and from eighteen to twenty-one for males and to make consequential amendments in the Hindu Marriage Act, 1955, and the Indian Christian Marriage Act, 1872. It is also being provided that offences under the Child Marriage Restraint Act may be investigated upon by a Police Officer under the Code of Criminal Procedure as if it were a cognizable offence. The Police Officer shall, however, not have the power to arrest without a warrant or an order of a Magistrate.
Amendment Act 50 of 2003-Statement of Objects and Reasons :
The Special Marriage Act, 1954 and the Hindu Marriage Act, 1955 provide that a petition for relief under the provisions of these Acts shall be presented to the District Court within the limits of whose original civil jurisdiction the marriage was solemnized or the respondent, at the time of the presentation of the petition, resided or the parties to the marriage last resided together or the petitioner was residing at the time of the presentation of the petition, in a case where the respondent was at the time residing outside the territories to which these Acts extended or had not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive. However, these provisions are not considered adequate or fair as far the women are concerned. Under the existing provisions, a petition cannot be filed by the aggrieved wife to the District Court within the local limits of whose ordinary jurisdiction she may be residing. In view thereof, the Government has decided to amend the provisions of these Acts so that the wife can also file petition in the District Court within local limits of whose jurisdiction she may be residing. The proposed amendments to sections 31 and 19 of the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955 respectively are based on the recommendations of the Law Commission of India and the National Commission for Women.
2. The Government has also decided to amend section 39 of the Special Marriage Act, 1954 and section 28 of the Hindu Marriage Act, 1955 to provide respectively that the parties to a matrimonial suit could prefer appeal within a period of ninety days instead of thirty days. This amendment is based on the observations made by the Supreme Court in a judgment delivered recently. The amendment to these provisions is proposed so that unscrupulous litigant spouses are not facilitated to frustrate the marriages, taking advantage of the inadequate period provided in law.
An act to amend and codify the law relating to marriage among Hindus.
BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:–
Preliminary :
Section 1 :
Short title and extent :
(1) This Act may be called the Hindu Marriage Act, 1955.
(2) It extends to the whole of India 2.[***], and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
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1. The Act has been extended to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Schedule I and to Pondicherry (w.e.f 1-10-1963) with modifications by Reg. 7 of 1963, s. 3 and the Schedule I.
2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
