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Family & Succession

Hindu Marriage Act, 1955

1955 · Ministry of Law and Justice · 30 sections

Codifies Hindu marriage — conditions, registration, restitution, judicial separation, nullity, divorce on fault and consent grounds, maintenance and custody.

Most-invoked sections
HMA · 5

Conditions for a Hindu marriage

Neither party has a living spouse; both capable of valid consent and not of unsound mind; groom twenty-one and bride eighteen; not within the degrees of prohibited relationship or sapindas unless custom permits.

HMA · 9

Restitution of conjugal rights

Where either spouse has withdrawn from the other's society without reasonable excuse, the aggrieved party may petition for a decree of restitution.

HMA · 13

Divorce

Fault grounds: adultery, cruelty, desertion for two years, conversion, incurable unsoundness of mind, venereal disease, renunciation, presumed death; plus s. 13(1A) non-resumption after decree and s. 13(2) wife-specific grounds.

HMA · 13B

Divorce by mutual consent

Joint petition after living separately for one year; second motion after six to eighteen months (the six-month wait is waivable — Amardeep Singh, 2017).

HMA · 24

Maintenance pendente lite and expenses of proceedings

Either spouse without independent income sufficient for support may be awarded monthly maintenance and litigation expenses during the proceedings; to be disposed of within sixty days.

HMA · 25

Permanent alimony and maintenance

At the time of or after any decree, the court may order a gross sum or periodic payment for life, having regard to the parties' income, property and conduct; variable on change of circumstances.

HMA · 26

Custody of children

Interim and final orders for custody, maintenance and education of minor children consistent with their wishes wherever possible; applications to be disposed of within sixty days.

The text shown is a working summary used inside Nyaya for grounding and UI preview. For verbatim reproduction, refer to the bare Act published on indiacode.nic.in.