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An
Act to amend and codify the law relating to marriage among Hindus.
Preliminary
1.
Short title and extent.-(1) This Act may be called the
Hindu Marriage Act, 1955.
(2)
It extends to the whole of India except the State of Jammu and
Kashmir, and applies also to Hindus domiciled in the territories
to which this Act extends who are outside the said territories.
2.
Application of Act.- (1) This Act applies,-
(a)
to any person who is a Hindu by religion in any of of its forms or
developments, including a Virashaiva, a Lingayat or a follower of
the Brahmo, Prarthana or Arya Samaj;
(b)
to any person who is a Buddhist, Jaina or Sikh by religion, and
(c)
to any other person domiciled in the territories to which this Act
extends who is not a Muslim, Christian, Parsi or Jew by religion,
unless it is proved that any such person would not have been
governed by the Hindu law or by any custom or usage as part of
that law in respect of any of the matters dealt with herein if
this Act had not been passed.
Explanation.-
The following persons are Hindus, Buddhists, Jainas or Sikhs by
religion, as the case may be,-
(a)
any child, legitimate or illegitimate, both of whose parents are
Hindus, Buddhists, Jainas or Sikhs by religion;
(b)
any child, legitimate or illegitimate, one of whose parents is a
Hindu, Buddhist Jaina or Sikh by religion and who is brought up as
a member of tribe, community, group or family to which such
parents belongs or belonged; and
(c)
any person who is a convert or re-convert to the Hindus, Buddhist,
Jaina or Sikh religion.
(2)
Notwithstanding anything contained in sub-section (1),nothing
contained in this Act shall apply to the members of any Scheduled
Tribe within the meaning of clause (25) of Article 366 of the
Constitution unless the Central Government, by notification in the
Official Gazette, otherwise directs.
(3)
The expression "Hindus" in any portion of this Act shall
be construed as if it included a person who, though not a Hindu by
religion is, nevertheless, a person whom this Act applies by
virtue of the provisions contained in this section.
3.
Definitions.- In this Act, unless the context otherwise
requires,-
(a)
the expression "custom" and "usage" signify
any rule which, having been continuously and uniformally observed
for a long time, has obtained the force of law among Hindus in any
local area, tribe, community, group or family:
Provided
that the rule is certain and not unreasonable or opposed to public
policy; and
Provided
further that in the case of a rule applicable only to a family it
has not been discontinued by the family;
(b)"District
Court" means, in any area for which there is a City Civil
Court, that Court, and in any other area the principal Civil Court
of original jurisdiction, and includes any other civil court which
may be specified by the State Government, by notification in the
Official Gazette, as having jurisdiction in respect of matters
dealt with in this Act;
(c)"full
blood"and "half blood"- two persons are said to be
related to each other by full blood when they are descended from a
common ancestor by the same wife and by half blood when they are
descended from a common ancestor but by different wives;
(d)"uterine
blood" - two persons are said to be related to each other by
uterine blood when they are descended from a common ancestor but
by different husbands.
Explanation.-
In Clauses (c) and (d) "ancestor" includes the father
and "ancestress" the mother;
(e)"prescribed"
means prescribed by rules made under this Act;
(f)(i)"Sapinda
relationship" with reference to any person extends as far as
the third generation(inclusive) in the line of ascent through the
mother, and the fifth (inclusive) in the line of ascent through
the father, the line being traced upwards in each case from the
person concerned, who is to be counted as the first generation;
(ii)
two persons are said to be "sapinda" of each other if
one is a lineal ascendant of the other within the limits of
sapinda relationship, or if they have a common lineal ascendant
who is within the limits of sapinda relationship with reference to
each of them;
(g)"degrees
of prohibited relationship " - two persons are said to be
within the "degrees of prohibited relationship"-
(I)
if one is a lineal ascendant of the other; or
(ii)
if one was the wife or husband of a lineal ascendant or descendant
of the other; or
(iii)if
one was the wife of the brother or of the father's or mother's
brother or of the grandfather's or grandmother's brother or the
other; or
(iv)if
the two are brother and sister, uncle and niece, aunt and nephew,
or children of brother and sister or of two brothers or of two
sisters.
Explanation.-
for the purposes of clauses (f) and (g) relationship includes-
(I)
relationship by half or uterine blood as well as by full blood;
(ii)
illegitimate blood relationship as well as legitimate;
(iii)
relationship by adoption as well as by blood; and all terms of
relationship in those clauses shall be construed accordingly.
4.
Overriding effect of Act.- Save as otherwise expressly
provided in this Act.-
(a)
any text,rule or interpretation of Hindu Law or any custom or
usage as part of that law in force immediately before the
commencement of this Act shall cease to have effect with respect
to any matter for which provision is made in this Act;
(b)
any other law in force immediately before the commencement of this
Act shall cease to have effect in so far as it is inconsistent
with any of the provisions contained in this Act.
Hindu
Marriages
5.
Condition for a Hindu Marriage.- A marriage may be
solemnized between any two Hindus, if the following conditions are
fulfilled, namely:
(i)
neither party has a spouse living at the time of the marriage;
(ii)
at the time of the marriage, neither party,-
(a)
is incapable of giving a valid consent of it in consequence of
unsoundness of mind; or
(b)
though capable of giving a valid consent has been suffering from
mental disorder of such a kind or to such an extent as to be unfit
for marriage and the procreation of children; or
(c)
has been subject to recurrent attacks of insanity or epilepsy;
(iii)
the bridegroom has completed the age of twenty one years and the
bride the age of eighteen years at the time of the marriage;
(iv)
the parties are not within the degrees of prohibited relationship
unless the custom or usage governing each of them permits of a
marriage between the two;
(v)
the parties are not sapindas of each other, unless the custom or
usage governing each of them permits of a marriage between the
two;
(vi)
(Omitted)
6.
Guardianship in Marriage.- (Omitted by Marriage Laws
(Amendment) Act, 1976.
7.
Ceremonies for a Hindu marriage.-(1) A Hindu marriage
may be solemnized in accordance with the customary rites and
ceremonies of either party thereto.
(2)
Where such rites and ceremonies include the saptapadi (that is,
the taking of seven steps by the bridegroom and the bride jointly
before the sacred fire), the marriage becomes complete and binding
when the seventh step is taken.
8.
Registration of Hindu Marriages.-(1) For the purpose of
facilitating the proof of Hindu marriages, the State Government
may make rules providing that the parties to any such marriage may
have the particulars relating to their marriage entered in such
manner and subject to such condition as may be prescribed in a
Hindu Marriage Register kept for the purpose.
(2)
Notwithstanding anything contained in sub-section (1), the State
Government may, if it is of opinion that it is necessary or
expedient so to do, provide that the entering of the particulars
referred to in sub-section (1) shall be compulsory in the State or
in any part thereof, whether in all cases or in such cases as may
be specified and where any such direction has been issued, and
person contravening any rule made in this behalf shall be
punishable with fine which may extend to twenty-five rupees.
(3)
All rules made under this section shall be laid before the State
Legislature, as soon as may be, after they are made.
(4)
The Hindu Marriage Register shall at all reasonable times be open
for inspection, and shall be admissible as evidence of the
statements therein contained and certified extracts therefrom
shall, on application, be given by the Registrar on payment to him
of the prescribed fee.
(5)
Notwithstanding anything contained in this section, the validity
of any Hindu marriage shall in no way be affected by the omission
to make the entry.
Restitution
of Conjugal rights and judicial separation
9.
Restitution of conjugal rights.- When either the
husband or the wife has, without reasonable excuse, withdrawn from
the society of the other, the aggrieved party may apply, by
petition to the district court, for restitution of conjugal rights
and the court, on being satisfied of the truth of the statements
made in such petition and that there is no legal ground why the
application should not be granted, may decree restitution of
conjugal rights accordingly.
Explanation-
Where a question arises whether there has been reasonable excuse
for withdrawal from the society, the burden of proving reasonable
excuse shall be on the person who has withdrawn from the society.
10.
Judicial separation.- (1) Either party to a marriage,
whether solemnized before or after the commencement of this Act,
may present a petition praying for a decree for judicial
separation on any of the grounds specified in sub-section (1) of
Section 13, and in the case of a wife also on any of the grounds
might have been presented.
(2)
Where a decree for judicial separation has been passed, it shall
no longer be obligatory for the petitioner to cohabit with the
respondent, but the court may, on the application by petition of
either party and on being satisfied of the truth of the statement
made in such petition, rescind the decree if it considers it just
and reasonable to do so.
Nullity
of Marriage and Divorce
11.
Nullity of marriage and divorce- Void marriages.- Any
marriage solemnized after the commencement of this Act shall be
null and void and may, on a petition presented by either party
thereto, against the other party be so declared by a decree of
nullity if it contravenes any one of the conditions specified in
clauses (i), (iv) and (v), Section 5.
12.
Voidable Marriages.-(1) Any marriage solemnized,
whether before or after the commencement of this Act, shall be
voidable and may be annulled by a decree of nullity on any of the
following grounds, namely:-
(a)
that the marriage has not been consummated owing to the impotency
of the respondent; or
(b)
that the marriage is in contravention of the condition specified
in clause (ii) of Section 5; or
(c)
that the consent of the petitioner, or where the consent of the
guardian in marriage of the petitioner was required under Section
5 as it stood immediately before the commencement of the Child
Marriage Restraint (Amendment) Act, 1978, the consent of such
guardian was obtained by force or by fraud as to the nature of the
ceremony or as to any material fact or circumstance concerning the
respondent; or
(d)
that the respondent was at the time of the marriage pregnant by
some person other than the petitioner.
2)
Notwithstanding anything contained in sub-section (1), no petition
for annulling a marriage-
(a)
on the ground specified in clause (c) of sub-section (1) shall be
entertained if-
(i)
the petition is presented more than one year after the force had
ceased to operate or, as the case may be, the fraud had been
discovered ; or
(ii)
the petitioner has, with his or her full consent, lived with the
other party to the marriage as husband or wife after the force had
ceased to operate or, as the case may be, the fraud had been
discovered;
(b)
on the ground specified in clause (d) of sub-section (1) shall be
entertained unless the court is satisfied-
(i)
that the petitioner was at the time of the marriage ignorant of
the facts alleged;
(ii)
that proceedings have been instituted in the case of a marriage
solemnized before the commencement of this Act within one year of
such commencement and in the case of marriages solemnized after
such commencement within one year from the date of the marriage;
and
(iii)
that marital intercourse with the consent of the petitioner has
not taken place since the discovery by the petitioner of the
existence of the said ground.
13.
Divorce- (1) Any marriage solemnized, whether before or
after the commencement of the Act, may, on a petition presented by
either the husband or the wife, be dissolved by a decree of
divorce on the ground that the other party-
(i)
has, after the solemnization of the marriage had voluntary sexual
intercourse with any person other than his or her spouse; or
(ia)
has, after the solemnization of the marriage, treated the
petitioner with cruelty; or
(ib)
has deserted the petitioner for a continuous period of not less
than two years immediately preceding the presentation of the
petition; or
(ii)
has ceased to be a Hindu by conversion to another religion ; or
(iii)
has been incurably of unsound mind, or has suffering continuously
or intermittently from mental disorder of such a kind and to such
an extent that the petitioner cannot reasonably be expected to
live with the respondent.
Explanation-
In this clause-
(a)
the expression "mental disorder" means mental illness,
arrested or incomplete development of mind, psychopathic disorder
or any other disorder or disability of mind and include
schizophrenia;
(b)
the expression "psychopathic disorder" means a
persistent disorder or disability of mind (whether or not
including sub-normality of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the
part of the other party and whether or not it requires or is
susceptible to medical treatment; or
(iv)
has been suffering from a virulent and incurable form of leprosy;
or
(v)
has been suffering from veneral disease in a communicable form; or
(vi)
has renounced the world by entering any religious order; or
(vii)
has not been heard of as being alive for a period of seven years
or more by those persons who would naturally have heard of it, had
that party been alive;
Explanation.-
In this sub-section, the expression "desertion" means
the desertion of the petitioner by the other party to the marriage
without reasonable cause and without the consent or against the
wish of such party, and includes the willful neglect of the
petitioner by the other party to the marriage, and its grammatical
variations and cognate expression shall be construed accordingly.
(1-A)
Either party to a marriage, whether solemnized before or after the
commencement of this Act, may also present a petition for the
dissolution of the marriage by a decree of divorce on the ground-
(i)
that there has been no resumption of cohabitation as between the
parties to the marriage for a period of one year or upwards after
the passing of a decree for judicial separation in a proceeding to
which they were parties; or
(ii)
that there has been no restitution of conjugal rights as between
the parties to the marriage for a period of one year or upward
after the passing of a decree of restitution of conjugal rights in
a proceeding to which they were parties.
(2)
A wife may also present a petition for the dissolution of her
marriage by a decree of divorce on the ground-
(i)
in the case of any marriage solemnized before the commencement of
this Act, that the husband had married again before the
commencement or that any other wife of the husband married before
such commencement was alive at the time of the solemnization of
the marriage of the petitioner:
Provided
that in either case the other wife is alive at the time of the
presentation of the petition;
(ii)
that the husband has, since the solemnization of the marriage,
been guilty of rape, sodomy or bestiality; or
(iii)
that in a suit under Section 18 of the Hindu Adoptions and
Maintenance Act, (78 of 1956), or in a proceeding under Section
125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or
under corresponding Section 488 of the Code of Criminal Procedure,
(5 of 1898), a decree or order, as the case may be, has been
passed against the husband awarding maintenance to the wife
notwithstanding that she was living apart and that since the
passing of such decree or order, cohabitation between the parties
has not been resumed for one year or upwards;or
(iv)
that her marriage (whether consummated or not) was solemnized
before she attained the age of fifteen years and she has
repudiated the marriage after attaining that age but before
attaining the age of eighteen years.
Explanation.-
This clause applies whether the marriage was solemnized before or
after the commencement of the Marriage Law (Amendment) Act, 1976.
13-A.
Alternate Relief in Divorce Proceedings.- If any
proceeding under this Act, on a petition for dissolution of
marriage by a decree of divorce, except in so far as the petition
is founded on the grounds mentioned in clauses (ii), (vi) and
(vii) of sub-section (1) of Section 13, the court may, if it
considers it just so to do having regard to the circumstances of
the case, pass instead a decree for judicial separation.
13-B.
Divorce by mutual consent.-(1) Subject to the
provisions of this Act a petition for dissolution of marriage by a
decree of divorce may be presented to the District Court by both
the parties to a marriage together, whether such marriage was
solemnized before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, on the ground that they have been living
separately for a period of one year or more, that they have not
been able to live together and that they have mutually agreed that
the marriage should be dissolved.
(2)
On the motion of both the parties made earlier than six months
after the date of the presentation of the petition referred to in
sub-section (1) and not later than eighteen months after the said
date, if the petition is not withdrawn in the mean time, the Court
shall, on being satisfied, after hearing the parties and after
making such inquiry as it thinks fit, that a marriage has been
solemnized and that the averments in the petition are true, pass a
decree of divorce declaring the marriage to be dissolved with
effect from the date of the decree.
14.
No petition for divorce to be presented within one year of
marriage.- (1) Notwithstanding anything contained in
this Act, it shall not be competent for any Court to entertain any
petition for dissolution of marriage by a decree of divorce,
unless at the date of the presentation of the petition one year
has elapsed since the date of the marriage:
Provided
that the court may, upon application made to it in accordance with
such rules as may be made by the High Court in that behalf, allow
a petition to be presented before one year has elapsed since the
date of the marriage on the ground that the case is one of
exceptional hardship to the petitioner or of exceptional depravity
on the part of the respondent, but, if it appears to the court at
the hearing of the petition that petitioner obtained leave to
present the petition by any mis-representation or concealment of
the nature of the case, the court may, if it pronounces a decree,
do so subject to the condition that the decree shall not have
effect until after the expiry of one year from the date of the
marriage or may dismiss the petition without prejudice to any
petition which may be brought after the expiration of the said one
year upon the same or substantially the same facts as those
alleged in support of the petition so dismissed.
(2)
In disposing of any application under this section for leave to
present a petition for divorce before the expiration of one year
from the date of the marriage, the court shall have regard to the
interests of any children of the marriage and to the question
whether there is a reasonable probability of a reconciliation
between the parties before the expiration of the said one year.
15.
Divorced persons. When may marry again.- When a
marriage has been dissolved by a decree of divorce and either
there is no right of appeal against the decree or, if there is
such a right of appeal, the time for appealing has expired without
an appeal having been presented, or an appeal has been presented
but has been dismissed, it shall be lawful for either party to the
marriage to marry again.
16.
Legitimacy of children of void and voidable marriages.-
(1)
Notwithstanding that a marriage is null and void under Section 11,
any child of such marriage who would have been legitimate if the
marriage had been valid, shall be legitimate, whether such a child
is born before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, and whether or not a decree of nullity is
granted in respect of the marriage under this Act and whether or
not the marriage is held to be void otherwise than on a petition
under this Act.
(2)
Where a decree of nullity is granted in respect of a voidable
marriage under Section 12, any child begotten or conceived before
the decree is made, who would have been the legitimate child of
the parties to the marriage if at the date of the decree it had
been dissolved instead of being annulled, shall be deemed to be
their legitimate child notwithstanding the decree of nullity.
(3)
Nothing contained in sub-section (1) or sub-section (2) shall be
construed as conferring upon any child of a marriage which is null
and void or which is annulled by a decree of nullity under Section
12, any rights in or to the property of any person, other than the
parents, in any case, where, but for the passing of this Act, such
child would have been incapable of possessing or acquiring any
such rights by reason of his not being the legitimate child of his
parents.
17.
Punishment of Bigamy.- Any marriage between two Hindus
solemnized after the commencement of this Act is void if at the
date of such marriage either party had a husband or wife living;
and the provisions of Sections 494 and 495 of the Indian Penal
Code (45 of 1860) shall apply accordingly.
18.
Punishment for contravention of certain other conditions for a
Hindu marriage.- Every person who procures a marriage
of himself or herself or to be solemnized under this Act in
contravention of the conditions specified in clauses (iii), (iv),
and (v) of Section 5 shall be punishable-
(a)
in the case of a contravention of the condition specified in
clause (iii) of Section 5, with simple imprisonment which may
extend to fifteen days, or with fine which may extend to one
thousand rupees, or with both;
(b)
in the case of a contravention of the condition specified in
clause (iv) or clause (v) of Section 5, with simple imprisonment
which may extend to one month, or with fine which may extend to
one thousand rupees, or with both;
(c)
Clause (c) omitted by Act 2 of 1978.
Jurisdiction
and Procedure
19.
Court to which petition shall be presented-
Every
petition under this Act shall be presented to the District Court
within the local limits of whose ordinary original civil
jurisdiction:
(i)
the marriage was solemnized, or
(ii)
the respondent, at the time of the presentation of the petition,
resides, or
(iii)
the parties to the marriage last resided together, or
(iv)
the petitioner is residing at the time of the presentation of the
petition, in a case where the respondent is at that time, residing
outside the territories to which this Act extends, or has not been
heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of him if he were
alive.
20.
Contents and verification of Petitions.-(1) Every
petition presented under this Act shall state as distinctly as the
nature of the case permits the facts on which the claims to relief
is founded and, except in a petition under Section 11, shall also
state that there is no collusion between the petitioner and the
other party to the marriage.
(2)
The statements contained in every petition under this Act shall be
verified by the petitioner or some other competent person in the
manner required by law for the verification of plaints, and may,
at the hearing, be referred to as evidence.
21.
Application of Act 5 of 1908.- Subject to the other
provisions contained in this Act and to such rules as the High
Court may make in this behalf all proceedings under this Act shall
be regulated, as far as may be, by the Code of Civil Procedure,
1908.
21-A.
Power to transfer petitions in certain cases.-(1)Where-
(a)
a petition under this Act has been presented to a District Court
having jurisdiction by a party to marriage praying for a decree
for a judicial separation under Section 10 or of a decree of
divorce under Section 13; and
(b)
another petition under this Act has been presented thereafter by
the other party to the marriage praying for a decree for judicial
separation under Section 10 or for a decree of divorce under
Section 13 on any ground, whether in the same District Court or in
a different District Court, in the same State or in a different
State,
the
petitions shall be dealt with as specified in sub-section (2).
(2)
In a case where sub-section (1) applies,-
(a)
if the petitions are presented to the same District Court, both
the petitions shall be tried and heard together by that District
Court;
(b)
if the petition are presented to different District Courts, the
petition presented later shall be transferred to the District
Court in which the earlier petition was presented and both the
petitions shall be heard and disposed of together by the district
court in which the earlier petition was presented.
(3)
In a case where clause (b) of sub-section (2) applies, the court
or the Government, as the case may be, competent under the Code of
Civil Procedure, 5 of 1908 to transfer any suit or proceeding from
this District Court in which the later petition has been presented
to the district court in which the earlier petition is pending,
shall exercise its powers to transfer such later petition as if it
had been empowered so to do under the said Code.
21-B.
Special provision relating to trial and disposal of petitions
under the Act.-(1) The trial of a petition under this
Act, shall, so far as is practicable consistently with the
interests of justice in respect of the trial, be continued from
day to day until its conclusion unless the Court finds the
adjournment of the trial beyond the following day to be necessary
for reasons to be recorded.
(2)
Every petition under this Act shall be tried as expeditiously as
possible, and endeavour shall be made to conclude the trial within
six months from the date of service of notice of the petition on
the respondent.
(3)
Every appeal under this Act shall be heard as expeditiously as
possible, and endeavour shall be made to conclude the hearing
within three months from the date of service of notice of appeal
on the respondent.
21.-C.
Documentary evidence.- Notwithstanding anything in any
enactment to the contrary, no document shall be inadmissible in
evidence in any proceeding at the trial of a petition under this
Act on the ground that it is not duly stamped or registered.
22.
Proceedings to be in camera and may not be printed or
published.-(1) Every proceedings under this Act shall
be conducted in camera and it shall not be lawful for any person
to print or publish any matter in relation to any such proceeding
except a judgment of the High Court or of the Supreme Court
printed or published with the previous permission of the Court.
(2)
If any person prints or publishes any matter in contravention of
the provisions contained in sub-section (1), he shall be
punishable with fine which may extend to one thousand rupees.
23.
Decree in proceedings.-(1) In any proceeding under this
Act, whether defended or not, if the Court is satisfied that-
(a)
any of the grounds for granting relief exists and the petitioner
except in cases where the relief is sought by him on the grounds
specified in sub-clause (a), sub-clause (b) and sub-clause (c) of
clause (ii) of Section 5 is not any way taking advantage of his or
her own wrong or disability for the purpose of such relief, and
(b)
where the ground of the petition is the ground specified in clause
(i) of sub-section (1) of Section 13, the petitioner has not in
any manner been accessory to or connived at or condoned the act or
acts complained of, or where the ground or the petition is cruelty
the petitioner has not in any manner condoned the cruelty, and
(bb)
when a divorce is sought on the ground of mutual consent, such
consent has not been obtained by force, fraud or undue influence,
and
(c)
the petition not being a petition presented under section 11 is
not presented or prosecuted in collusion with the respondent, and
(d)
there has not been any unnecessary or improper delay in
instituting the proceeding, and
(e)
there is no other legal ground why relief should not be granted,
then,and in such a case, but not otherwise, the court shall decree
such relief accordingly.
(2)
Before proceeding to grant any relief under this Act, it shall be
the duty of the Court in the first instance, in every case where
it is possible so to do consistently with the nature and
circumstances of the case, to make every endeavour to bring about
a reconciliation between the parties:
Provided
that nothing contained in this sub-section shall apply to any
proceeding wherein relief is sought on any of the grounds
specified in clause (ii), clause (iii), clause (iv), clause (v),
clause (vi) or clause (vii), of sub-section (1) of Section 13.
(3)
For the purpose of aiding the Court in bringing about such
reconciliation, the court may, if the parties so desire or if the
Court thinks it just and proper so to do adjourn the proceedings
for a reasonable period not exceeding fifteen days and refer the
matter to any person named by the parties in this behalf or to any
person nominated by the Court if the parties fail to name any
person, with directions to report to the Court as to whether
reconciliation can be and has been effected and the court shall in
disposing of the proceeding have due regard to the report.
(4)
In every case where a marriage is dissolved by a decree of
divorce, the court passing the decree shall give a copy thereof
free of cost to each of the parties.
23-A.
Relief for respondent in divorce and other proceedings.-
In any proceedings for divorce or judicial separation or
restitution of conjugal rights, the respondent may not only oppose
the relief sought on the ground of petitioner's adultery, cruelty
or desertion, but also make a counter-claim for any relief under
this Act on that ground; and if the petitioner's adultery, cruelty
or desertion is proved, the Court may give to the respondent any
relief under this Act to which he or she would have been entitled
if he or she had presented a petition seeking such relief on that
ground.
24.
Maintenance pendente lite and expenses of proceedings.-
Where
in any proceeding under this Act it appears to the Court that
either the wife or the husband, as the case may be, has no
independent income sufficient for her or his support and the
necessary expenses of the proceeding, it may, on the application
of the wife or the husband, order the respondent to pay the
petitioner the expenses of the proceeding such sum as, having
regard to the petitioner's own income and the income of the
respondent, it may seem to the Court to be reasonable.
25.
Permanent alimony and maintenance.-(1) Any court
exercising jurisdiction under this Act may, at the time of passing
any decree or at any time subsequent thereto, on application made
to it for the purposes by either the wife or the husband, as the
case may be, order that the respondent shall pay to the applicant
for her or his maintenance and support such gross sum or such
monthly or periodical sum for a term not exceeding the life of the
applicant as, having regard to the respondent's own income and
other property of the applicant, the conduct of the parties and
other circumstances of the case, it may seem to the Court to be
just, and any such payment may be secured, if necessary, by a
charge on the immoveable property of the respondent.
(2)
If the Court is satisfied that there is a change in the
circumstances of either party at any time after it has made an
order under sub-section (1), it may at the instance of either
party, vary, modify or rescind any such order in such manner as
the court may deem just.
(3)
If the Court is satisfied that the party in whose favour an order
has been made under this Section has re-married or, if such party
is the wife, that she has not remained chaste or if such party is
the husband, that he has had sexual intercourse with any woman
outside wedlock, it may at the instance of the other party vary,
modify or rescind any such order in such manner as the court may
deem just.
26.
Custody of children.- In any proceeding under this Act,
the Court may, from time to time, pass such interim orders and
make such provisions in the decree as it may deem just and proper
with respect to the custody, maintenance and education of minor
children, consistently with their wishes, wherever possible, and
may, after the decree, upon application by petition for the
purpose, make from time to time, all such orders and provisions
with respect to the custody, maintenance and education of such
children as might have been made by such decree or interim orders
in case the proceedings for obtaining such decree were still
pending, and the Court may also from time to time revoke, suspend
or vary any such orders and provisions previously made.
27.
Disposal of property.-In any proceeding under this Act,
the Court may make such provisions in the decree as it deems just
and proper with respect to any property presented at or about the
time of marriage, which may belong jointly to both the husband and
the wife.
28.
Appeals from decrees and orders.-(1) All decrees made
by Court in any proceeding under this Act shall, subject to the
provisions of sub-section (3), be appealable as decrees of the
Court made in the exercise of its original civil jurisdiction and
every such appeal shall lie to the Court to which appeals
ordinarily lie from the decisions of the Court given in the
exercise of its original civil jurisdiction.
(2)
Orders made by the Court in any proceedings under this Act, under
Section 25 or Section 26 shall, subject to the provisions of
sub-section (3), be appealable if they are not interim orders and
every such appeal shall lie to the Court to which appeals
ordinarily lie from the decisions of the Court given in exercise
of its original civil jurisdiction.
(3)
There shall be no appeal under this section on subject of costs
only.
(4)
Every appeal under this section shall be preferred within a period
of thirty days from the date of the decree or order.
28(A)
Enforcement of decrees and orders.- All decrees and
orders made by the Court in any proceeding under this Act, shall
be enforced in the like manner as the decrees and orders of the
Court made in the exercise of its original civil jurisdiction for
the time being enforced.
29.
Savings.-(1) A marriage solemnized between Hindus
before the commencement of this Act, which is otherwise valid,
shall not be deemed to be invalid or ever to have been invalid by
reason only of the fact that the parties thereto belonged to the
same gotra or pravara or belonged to different religion, castes or
sub-divisions of the same caste.
(2)
Nothing contained in this Act shall be deemed to affect any right
recognised by custom or conferred by any special enactment to
obtain the dissolution of a Hindu Marriage, whether solemnized
before or after the commencement of this Act.
(3)
Nothing contained in this Act shall affect any proceeding under
any law for the time being in force for declaring any marriage to
be null and void or for annulling or dissolving any marriage or
for judicial, separation pending at the commencement of this Act,
and any such proceeding may be continued and determined as if this
Act had not been passed.
(4)
Nothing contained in this Act shall be deemed to effect the
provisions contained in the Special Marriage Act, 1954 (43 of
1954), with respect to marriages between Hindus solemnized under
that Act, whether before or after the commencement of this Act.
30.
Repeals.- (Repealed by the Repealing and Amendment Act,
1960 (58 of 1960), Sec. 2 and the First Schedule.)
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