Chapter 5 & 6: Hindu Marriage Act, 1955

JURISDICTION AND PROCEDURE

Section 19: Court to which petition shall be presented

This is a very practical and important section. It answers the question: “If I have a marital dispute, which city’s court do I go to?” This is called “jurisdiction.” You can file your case (for divorce, annulment, etc.) in a District Court that has jurisdiction over any of the following places:

Section 19, Clause (i): “the marriage was solemnized,”
- Simple English: You can file the case in the city where your wedding ceremony took place.
- Real-world Example: A couple lives in Delhi, but they had their destination wedding in Jaipur. They can file their divorce petition in the District Court in Jaipur.
Section 19, Clause (ii): “the respondent, at the time of the presentation of the petition, resides,”
- Simple English: You can file the case in the city where the other person (your spouse, the “respondent”) is currently living.
- Real-world Example: A couple last lived together in Mumbai. The wife (petitioner) moves back to her parents’ home in Kolkata. The husband (respondent) moves to a new job in Bengaluru. The wife can file her case in the court in Bengaluru because that is where the respondent lives.
Section 19, Clause (iii): “the parties to the marriage last resided together,”
- Simple English: You can file the case in the city where you and your spouse last lived together as a married couple.
- Real-world Example: In the case above, the couple’s last marital home was in Mumbai. Even though neither of them lives there anymore, they can still file their case in the court in Mumbai.
Section 19, Clause (iiia): “in case the wife is the petitioner, where she is residing on the date of presentation of the petition;”
- Simple English: This is a special, additional option available only to the wife. The wife can file the case in the city where she is living at the time she files the petition.
- Real-world Example: A couple lived in Chennai. The husband was cruel, so the wife (petitioner) left him and is now living at her parents’ home in Bhopal. The husband (respondent) still lives in Chennai. The husband can only file in Chennai (last resided) or Bhopal (where respondent lives). But the wife has an extra option: she can file in Bhopal because that is where she is residing.
Section 19, Clause (iv): “the petitioner is residing… in a case where the respondent is… residing outside the territories… or has not been heard of as being alive for… seven years…”
- Simple English: This covers two special cases. You can file where you (the petitioner) live if:
  1. The other person is living abroad (e.g., in the USA, UK, Australia).
  2. The other person has been missing for 7 or more years (as per Section 13(vii)).
- Real-world Example: A couple last lived in Delhi. The husband moves to Canada. The wife lives in Pune. She can file for divorce in Pune because the respondent (husband) is outside India.

Section 20: Contents and verification of petitions

This section describes how the legal petition must be written and submitted.

Section 20, Sub-section (1): “Every petition… shall state… the facts on which the claim to relief is founded… and, [except in a petition under section 11], shall also state that there is no collusion…”
- Simple English: The petition must clearly list all the facts of your case (e.g., “We were married on X date, we lived in Y city, the respondent committed cruelty on Z dates…”).
- “No Collusion”: Crucially, you must also include a statement swearing that there is “no collusion.” “Collusion” means you and your spouse secretly teamed up to lie to the court or fake a ground for divorce (e.g., faking an “adultery” claim to get a divorce faster).
- The Exception: You don’t need to state “no collusion” for a Section 11 (Void Marriage) petition. This is because a void marriage (like a bigamous one) is void as a matter of fact, and collusion is irrelevant.
Section 20, Sub-section (2): “The statements contained in every petition… shall be verified by the petitioner… in the manner required by law for the verification of plaints…”
- Simple English: At the end of your petition, you must sign a “verification” clause. This is a sworn statement, like an affidavit, where you declare that the facts you’ve written in the petition are true to the best of your knowledge. This makes you legally accountable for your statements.
- Real-world Example: At the bottom of the divorce petition, the petitioner must sign a paragraph that says something like, “I, [Your Name], do hereby verify that the contents of paragraphs 1 through 10 are true to my personal knowledge…”

Section 21: Application of Act 5 of 1908

Original Text: “Subject to the other provisions contained in this Act… all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.”
Simple English: “Act 5 of 1908” is the Code of Civil Procedure (CPC). This is the master rulebook for all civil (non-criminal) cases in India. This section says that all cases under the Hindu Marriage Act (divorce, annulment, etc.) will follow the same general procedure as any other civil lawsuit (like a property dispute), unless this Act provides a specific, different rule.
Real-world Example: How does the court send an official notice (“summons”) to the other spouse? How is witness testimony recorded? How is evidence submitted? For all these standard procedures, the court will follow the rules laid out in the CPC.

Section 21A: Power to transfer petitions in certain cases

This section handles a common problem: what happens when the husband and wife file two different cases in two different cities?

Section 21A, Sub-section (1): This just sets the stage. It applies when:
- (a) One spouse (e.g., the wife) has filed a case (e.g., for divorce) in one court.
- (b) The other spouse (e.g., the husband) afterward files a different case (e.g., for restitution of conjugal rights) in another court (which could be in the same city or a different state).
Section 21A, Sub-section (2)(a): “if the petitions are presented to the same district court, both the petitions shall be tried and heard together…”
- Simple English: If both cases are filed in the same city’s court (e.g., the wife files for divorce in Delhi, and the husband files for restitution in a different court in Delhi), the court will simply “club” them together and handle them as one single case.
Section 21A, Sub-section (2)(b): “if the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented…”
- Simple English: This is the key rule. The case that was filed second (the “later petition”) will be moved to the court where the case was filed first (the “earlier petition”).
- Real-world Example: The wife files for divorce in Mumbai on January 10th. The husband files for restitution of conjugal rights in Chennai on February 5th. Since the husband’s case was filed later, his Chennai case will be transferred to Mumbai. The Mumbai court will then hear both cases together.
Section 21A, Sub-section (3): This is a technical point. It just gives the High Court or Supreme Court the legal power to order the transfer described in (2)(b), using the procedures from the CPC.

Section 21B: Special provision relating to trial and disposal of petitions under the Act

This section tries to make family law cases fast.

Section 21B, Sub-section (1): “…the trial… shall… be continued from day to day until its conclusion…”
- Simple English: The court must try to hear the case continuously, day after day, until it’s finished. It should not hear arguments on Monday and then postpone the next hearing for two months, unless there’s a very strong reason, which the judge must write down.
- Real-world Example: A trial starts on a Tuesday. The court should, in an ideal world, continue hearing it on Wednesday, Thursday, etc., until the arguments are done. This is meant to prevent long, drawn-out cases.
Section 21B, Sub-section (2): “Every petition… shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months…”
- Simple English: This sets a goal for the trial court: try to finish the entire case (from the day the respondent receives the notice) within six months.
Section 21B, Sub-section (3): “Every appeal… shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months…”
- Simple English: This sets a goal for the higher (appeal) court: try to finish the appeal hearing within three months of the other party receiving the appeal notice.

Section 21C: Documentary evidence

Original Text: “…no document shall be inadmissible in evidence… on the ground that it is not duly stamped or registered.”
Simple English: In family matters, the truth is more important than a technicality. Normally, a document (like an agreement) might be rejected by a court if it’s not on official “stamp paper” or not formally registered. This section says that in a marriage case, a document (like a letter, an email printout, or a secretly-written agreement) can be accepted as evidence, even if it’s not properly “stamped.”
Real-world Example: A wife wants to prove her husband’s cruelty. She presents a letter he wrote to her, in which he admits to his behavior. The husband’s lawyer argues, “This letter is on plain paper, not stamp paper, so it’s not valid evidence.” The court will reject this argument and accept the letter as evidence because of Section 21C.

Section 22: Proceedings to be in camera and may not be printed or published

This is the law’s “privacy shield” for families.

Section 22, Sub-section (1): “Every proceeding under this Act shall be conducted in camera… and it shall not be lawful for any person to print or publish any matter…”
- Simple English: This has two parts:
  1. “In Camera”: All family law cases must be held in private. The judge clears the courtroom, and only the parties, their lawyers, and immediate family are allowed. The general public, press, and other onlookers are not permitted.
  2. “No Publication”: It is illegal for anyone (like a newspaper, blog, or social media user) to print or publish any details about what is happening in the case.
- The Exception: The only thing that can be published is the final, official judgment of a High Court or the Supreme Court, and even then, only with the court’s permission.
Section 22, Sub-section (2): “If any person… contravention… he shall be punishable with fine which may extend to one thousand rupees.”
- Simple English: If a person or media company breaks this privacy rule and publishes details of the case, they can be fined up to 1,000 rupees.
Real-world Example: A celebrity couple is getting a divorce. A reporter who sneaks into the “in camera” hearing or gets a leak and publishes the details of the allegations can be prosecuted.

Section 23: Decree in proceedings

This is one of the most important sections. It tells the judge what to look for before granting a petition. The court can’t just “rubber stamp” an agreement.

Section 23, Sub-section (1): The court can only grant a decree if it is satisfied that…
- (a) …the petitioner… is not in any way taking advantage of his or her own wrong or disability…
  - Simple English: This is the “clean hands” rule. You can’t cause the problem yourself and then use that problem as a reason to get a divorce.
  - Real-world Example: A husband is extremely cruel to his wife, which forces her to leave him. He cannot then go to court and file for divorce on the ground of “desertion.” He is trying to take advantage of his own wrong (his cruelty, which caused her to leave).
- (b) …the petitioner has not in any manner been accessory to or connived at or condoned the act…
  - Simple English: This applies to grounds like adultery or cruelty.
  - “Connived”: You secretly plotted or allowed the act to happen. (e.g., A husband encourages his wife to have an affair, hoping to divorce her for it).
  - “Condoned”: You forgave the act. “Condonation” means you had full knowledge of the offense and you resumed your full marital relationship (including sexual intercourse) with your spouse, thereby “forgiving” them in the eyes of the law.
  - Real-world Example: A wife discovers her husband’s adultery. She confronts him, he begs for forgiveness, and she agrees to give him a second chance. They resume living together as husband and wife. She has “condoned” the act and cannot use this specific instance of adultery to get a divorce later (unless he does it again).
- (bb) …when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence…
  - Simple English: In a “mutual consent” divorce (Section 13B), the judge has a duty to make sure both sides actually agree, and that one person isn’t being threatened, blackmailed, or tricked into signing.
- (c) …the petition… is not presented or prosecuted in collusion with the respondent…
  - Simple English: “Collusion” is when the couple secretly teams up to deceive the court.
  - Real-world Example: A couple wants a fast divorce, but they don’t want to wait for the 1-year separation for mutual consent. They “collude” and falsely claim the husband had an affair (adultery), hoping the court will grant a quick divorce. If the court finds this out, it will dismiss the case.
- (d) …there has not been any unnecessary or improper delay in instituting the proceeding…
  - Simple English: You can’t “sleep on your rights.” You can’t know about an act of cruelty in 2010 and then suddenly use it to file for divorce in 2025. The unexplained delay makes the court suspicious that the claim isn’t genuine.
- (e) …there is no other legal ground why relief should not be granted…
  - Simple English: A catch-all clause. If the court finds any other legal reason (based on other laws or principles of justice) that the petition should be denied, it can do so.
Section 23, Sub-section (2): “Before… grant any relief… it shall be the duty of the court in the first instance… to make every endeavour to bring about reconciliation…”
- Simple English: This is a primary duty of the judge. In every case (except for some, see proviso), the judge’s first job is to try and save the marriage. They must try to get the couple to reconcile.
Proviso to Sub-section (2): This says the court doesn’t have to try reconciliation in extreme cases where it’s pointless (e.g., the spouse has converted to another religion, Venereal Disease, renounced the world, is missing, or is incurably of unsound mind).
Section 23, Sub-section (3): This explains how the court can try to reconcile the couple, such as by pausing the case for 15 days and referring them to a counselor or mediator.
Section 23, Sub-section (4): The court must give a free copy of the divorce decree to both parties.

Section 23A: Relief for respondent in divorce and other proceedings

Original Text: “…the respondent may not only oppose the relief sought… but also make a counter-claim for any relief…”
Simple English: This is a “two-way street” rule. If you get sued for divorce, you don’t just have to defend yourself—you can attack back in the same case. This is called a “counter-claim.”
Real-world Example: A wife files for divorce against her husband, claiming “cruelty.” The husband, in his official reply, opposes her claim and also makes a counter-claim for divorce against her, alleging that she was the one who was cruel. The court will hear both claims. If the wife fails to prove her case but the husband succeeds in proving his, the court can grant a divorce to the husband, even though he was the one who was originally sued.

Section 24: Maintenance pendente lite and expenses of proceedings

Original Text: “…maintenance pendente lite…”
Simple English: “Pendente lite” is Latin for “pending the litigation” or “while the case is going on.” This is temporary financial support during the court case.
Who? Either the wife or the husband can apply.
When? If they can show the court that they have “no independent income sufficient for her or his support” and for the legal fees.
What? The court can order the other spouse (the one with income) to pay:
1. The “necessary expenses of the proceeding” (i.e., lawyer’s fees).
2. A “monthly sum” for their basic support (rent, food, etc.) during the months the case is active.
Proviso: The court should try to decide on this temporary maintenance application (as far as possible) within 60 days, because it’s an urgent need.
Real-world Example: A wife is a homemaker and has no personal income. She files for divorce from her husband, who has a good job. She cannot afford her own rent or the lawyer’s fees. She can immediately file an application under Section 24. The court will likely order the husband to pay her lawyer’s fees plus a monthly amount for her support until the final divorce case is decided.

Section 25: Permanent alimony and maintenance

This is the financial support after the marriage is legally over.

Section 25, Sub-section (1): “Any court… at the time of passing any decree or at any time subsequent thereto… order that the respondent shall… pay to the applicant for her or his maintenance…”
- Simple English: After the final decree (of divorce, annulment, etc.) is passed, the court can order one party to pay long-term financial support to the other. This is “permanent alimony.”
- How much? The court decides what is “just” by looking at:
  - The income and property of both parties.
  - The “conduct of the parties” (e.g., who was at fault for the divorce).
  - Other circumstances of the case.
- What form? It can be a “gross sum” (a one-time, lump sum payment, e.g., “Pay her 20 lakh rupees and you are done forever”) or a “monthly or periodical sum” (e.g., “Pay him 15,000 rupees every month for the rest of his life”).
Section 25, Sub-section (2): “If the court is satisfied that there is a change in the circumstances… it may… vary, modify or rescind any such order…”
- Simple English: A permanent alimony order is not set in stone. If circumstances change, the order can be changed.
- Real-world Example: A husband is ordered to pay his ex-wife 25,000 rupees/month. Five years later, the husband has a serious accident and loses his job. He can apply to the court to have the maintenance amount reduced or stopped. Conversely, if the wife gets a high-paying job, the husband can apply to have it stopped.
Section 25, Sub-section (3): “If the court is satisfied that the party in whose favour an order has been made has re-married… [it may]… vary, modify or rescind…”
- Simple English: This is the most common “stop” condition. The obligation to pay permanent alimony usually stops if the person receiving it gets married again. It also stops if the (receiving) wife is “not chaste” or the (receiving) husband has sexual intercourse with another woman.
- Real-world Example: A husband pays his ex-wife alimony. He finds out she has remarried. He can take her marriage certificate to the court and file an application to rescind (cancel) the alimony order.

Section 26: Custody of children

This section gives the court power to make orders to protect the welfare of any minor children from the marriage.

Section 26 (Main Clause): “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…”
- Simple English: The court has the power to decide about the children (who they live with, who pays for their schooling and support). It can do this in two ways:
  1. “Interim orders”: Temporary orders during the divorce case, so the children are supported while the parents are fighting in court.
  2. “Provisions in the decree”: The final, permanent order that is part of the final divorce judgment.
- Key Factor: The law specifically tells the judge to consider the “wishes” of the children, if they are old enough to express a preference.
- Real-world Example (Interim Order): A wife leaves her husband and files for divorce. She has no income and can’t pay her children’s school fees. She can file an interim application under Section 26. The court can immediately order the husband to pay the school fees and a monthly amount for the children’s support while the main divorce case is still pending.
- Real-world Example (Final Decree): After hearing both parents, the judge decides to grant custody of their 10-year-old son to the mother. The judge also states that the father will have visitation rights every weekend and must pay 20,000 rupees per month for the son’s maintenance and education.
Section 26 (Power to alter orders): “…and may, after the decree… make… all such orders… and may also from time to time revoke, suspend or vary any such orders…”
- Simple English: A child custody order is never final. The court can change or “vary” its own order at any time after the divorce, as long as the child is a minor.
- Real-world Example: The mother (from the example above) gets a job opportunity in another country and wants to move with her son. The father can apply to the court to “vary” the original custody order. The court will then hold a new hearing to decide what is now in the best interest of the child.
Proviso to Section 26: “…the application with respect to the maintenance and education of the minor children, pending the proceeding… shall, as far as possible, be disposed of within sixty days…”
- Simple English: Just like the temporary maintenance for a spouse (Section 24), the court must treat an application for temporary child support as urgent. It should try to pass an order within 60 days so the children’s needs are met quickly.

Section 27: Disposal of property

This is a very specific and often misunderstood section. It does not cover all matrimonial property.

Section 27 (Main Clause): “…the court may make such provisions… with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.”
- Simple English: This section does not give the court power to divide all assets (like houses, bank accounts, or cars bought during the marriage). It only gives the court power to divide property that was given as gifts at or around the wedding and that belongs jointly to the couple. This often refers to wedding gifts from friends and family.
- Real-world Example: A couple gets divorced. They are arguing over who gets to keep the new TV, the refrigerator, and the silver set that were all given to them as wedding presents by various relatives. The wife can make an application under Section 27, and the judge will make a “just and proper” order on how to divide only those specific items. This section cannot be used to claim a 50% share in a flat the husband bought 10 years into the marriage.

Section 28: Appeals from decrees and orders

This section covers your right to challenge the court’s decision in a higher court.

Section 28, Sub-section (1): “All decrees made by the court… shall… be appealable…”
- Simple English: You can appeal any final decree (the main judgment that grants or denies a divorce, annulment, or restitution).
- Real-world Example: A husband files for divorce on the ground of cruelty. The court finds he did not prove his case and dismisses his petition. He can appeal this final decree to the High Court.
Section 28, Sub-section (2): “Orders made by the court… under section 25 or section 26 shall… be appealable if they are not interim orders…”
- Simple English: You can appeal the final order for permanent alimony (Section 25) or the final order for child custody (Section 26). You cannot appeal the temporary orders (the “interim” ones) for maintenance under Section 24 or 26.
- Real-world Example: The court grants a divorce and, in the final decree, orders the wife to pay 10,000 rupees per month as permanent alimony to the husband. The wife believes this is unfair. She can file an appeal against this specific part of the order.
Section 28, Sub-section (3): “There shall be no appeal under this section on the subject of costs only.”
- Simple English: You cannot file an entire appeal just because you are unhappy with the “costs” the judge ordered you to pay (e.g., the 25,000 rupees the judge ordered you to pay the other side for their lawyer’s fees). If you are appealing the main decree, you can challenge the costs as part of it, but you can’t appeal only for that.
- Real-world Example: The court grants a husband the divorce he wanted but orders him to pay 50,000 rupees in legal costs to his wife. The husband cannot file an appeal just to fight the 50,000.
Section 28, Sub-section (4): “Every appeal under this section shall be preferred within a [period of ninety days] from the date of the decree or order.”
- Simple English: This is the strict time limit. You have 90 days from the date of the judge’s order to file your appeal in the higher court.
- Real-world Example: A divorce decree is passed on March 1st. The person who wants to appeal must file their appeal before the end of May (within 90 days). If they wait 4 months, their right to appeal is lost (unless they can give an exceptional reason for the delay).

Section 28A: Enforcement of decrees and orders

This section explains what to do if your ex-spouse disobeys a court order.

Section 28A (Main Clause): “All decrees and orders… shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction…”
- Simple English: A family court order (for alimony, custody, etc.) has the full power of a normal civil court order. If the other person isn’t following it, you can file an “Execution Petition” to force them to.
- Real-world Example: The court orders the husband to pay 5 lakh rupees as a one-time permanent alimony payment (Section 25). He simply refuses to pay. The wife can file an “Execution Petition.” The court can then enforce its order by, for example, freezing the husband’s bank account and transferring the money, or by “attaching” his property (like his car or house) and ordering it to be sold to raise the 5 lakh.

Section 29: Savings

“Savings” is a legal term for “exceptions” or “what this Act doesn’t touch.” This section clarifies that the HMA doesn’t override or cancel everything.

Section 29, Sub-section (1): This validates marriages that happened before this Act (1955) that might have been invalid under old rules about (a) “same gotra or pravara” or (b) “different religions, castes or sub-divisions.”
- Simple English: This is a “fix-it” clause for the past. It makes old marriages (before 1955) legally valid, even if they broke old, outdated rules about marrying within the same gotra or outside one’s caste.
Section 29, Sub-section (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…”
- Simple English: This Act is not the only way for Hindus to get a divorce. If a specific community has a long-standing, provable “custom” for divorce (e.g., through a community panchayat) that is legally recognized, that custom is still valid.
- Real-world Example: A person from a particular tribe gets a divorce according to their recognized community custom, without going to a regular court. That divorce is still legal and valid because this section “saves” that customary right.
Section 29, Sub-section (3): This protected any legal cases that were already in progress when this Act was passed on May 18, 1955.
- Simple English: If someone had filed for divorce in 1954 under an old, different law, their case continued under that old law. This new Act didn’t apply to it.
Section 29, Sub-section (4): “Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954…”
- Simple English: This is a very important exception. If two Hindus choose to get married under the Special Marriage Act (the civil, non-religious “court marriage”), their marriage is governed only by that Act. The Hindu Marriage Act does not apply to them at all.
- Real-world Example: A Hindu couple gets married at the Registrar’s office. They want a divorce. They must file for divorce under the rules of the Special Marriage Act, not the Hindu Marriage Act.

Section 30: [Repealed]

Original Text: “[Repeals]. Rep. by the Repealing and Amending Act, 1960…”
- Simple English: This section used to exist, but it was formally deleted from the law by another Act in 1960. It is no longer relevant and has no legal effect.

Conclusion of the Guide

This completes our section-by-section analysis of the Hindu Marriage Act, 1955. From the initial conditions of a valid marriage (Section 5) and the registration process (Section 8) to the difficult grounds for divorce (Section 13) and the procedures for financial support (Sections 24, 25) and child custody (Section 26), this Act forms the complete legal framework for Hindu marriages in India.