The Hindu Marriage Act, 1955 - Overview, Structure, Properties & Uses

Hindu Marriage Act, 1955

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:37 PM IST

Matrimony is the most important institution in human culture. It happens frequently. Marriage has introduced the cornerstone of human society into the scene. Marriage establishes reciprocal rights and new social relationships between partners. Children's status and rights are determined at birth. Every culture acknowledges certain procedures for developing these rights and ties. The regulations on Hindu marriage were codified and implemented in 1955. The legislature approved the Hindu Marriage Act 1955, which contains the rules on Hindu marriage, restitution of conjugal rights, judicial separation, divorce, annulment of marriage, maintenance, and guardianship. Sections 5 and 7 of the Hindu Marriage Act 1955 cover the conditions for a legally binding Hindu marriage. In addition to outlining recent changes to the Hindu Marriage Act 1955, this page provides an overview of the legislation under Family Law.

This Story also Contains

About the Hindu Marriage Act?
Who is Hindu?
The Hindu Marriage Act's Structure
Important Aspects of the 1955 Hindu Marriage Act
Key Sections of the Hindu Marriage Act of 1955
Objectives of the Hindu Marriage Act
Hindu Marriage Act Criteria for a Valid Marriage
Hindu Marriage Act of 1955 divorce
Modifications made to the Indian Territory by the Hindu Marriage Act of 1955
Landmark Rulings on Hindu Marriage Act, 1955
Conclusion

About the Hindu Marriage Act?

A Parliamentary Act passed in 1955 established the Hindu Marriage Act.
This Act's primary goal is to update and codify Hindu marriage rules.
It also includes provisions about divorce and separation.
It brought uniformity of law for all the sections of Hindus. Now let's get into more depth about this Act.
The Hindu Marriage Act is one important law in India that controls the prison aspects and solemnization of Hindu weddings.
It covers everyone who isn't a Muslim, Christian, Parsi, Jew, or Buddhist as well as Sikhs, Hindus, Buddhists, and Jains.
The statute seeks to safeguard and control the Hindu community's marital practices while ensuring that specific rights and duties are respected.

Who is Hindu?

A child whose parents are Hindus, whether legitimate or illegitimate
Any child raised in a household with Hindu parents who are members of that family
Who Converts and Reconverts to Hunduism

The Hindu Marriage Act's Structure

India implemented the Hindu Marriage Act in 1955 to protect the rights of Hindu couples entering into marriage. Hindu family concerns are the subject of these laws. Approved on May 18, 1955, the Hindu Marriage Act is an Act of the Parliament of India. As part of the Hindu Code Bills, the Hindu Succession Act, of 1956, the Hindu Minority and Guardianship Act, of 1956, and the Hindu Adoptions and Maintenance Act, of 1956 were all passed at this time. Since there are several ways for a man and woman to be married in line with Hindu tradition, the kind of ceremony that has to occur has not been mandated by legislation.

There are a total of 29 Sections in the Act of 1955, which are organised into six Chapters. The Act's given association is shown below:

Chapters under The Act of 1955
Chapters	Subject Matter	Description
Chapter I	Preliminary	This section establishes the parameters of the act's application and provides definitions for terms used throughout.
Chapter II	Hindu Marriages	It outlines the conditions that must be met for a Hindu marriage to be accepted. These circumstances include age, mental capacity, and the lack of connections that are forbidden.
Chapter III	Restitution of conjugal rights and judicial separation	Legal laws about circumstances, when one spouse requests the restoration of marital rights or when a couple chooses judicial separation over divorce, are likely covered in this chapter.
Chapter IV	Nullity of marriage and divorce	It describes the procedures for divorce as well as the reasons for declaring a marriage null and invalid.
Chapter V	Jurisdiction and procedure	The courts or authorities in charge of managing issues about Hindu weddings, divorces, and other topics included in the text will be named in this chapter.
Chapter VI	Savings and repeals	Transitional provisions, savings clauses (which guarantee the continuation of specific rights or legal consequences), and repeals (which specify which prior laws or provisions are repealed by the present legislation) are usually included in this last chapter.

Important Aspects of the 1955 Hindu Marriage Act

Bigamy is prohibited by law: A man is not allowed to have more than one wife at the same time. The Act's Section 5 declares that bigamy—the practice of having two living spouses concurrently—is unlawful. It suggests that divorcing one's marriage is a prerequisite before marrying someone else. He shall be punished in line with Sections 494 and 495 of the Indian Penal Code, 1860 if he performs the conduct, which is illegal.

Act of 1955 aims to safeguard the union between the parties: Section 9 of the 1955 Act provides for the recovery of marital rights. The right to stay together is referred to as the restitution of marital rights. Conjugal rights are those that result from a marriage partnership. Section 9's principal contention is that a spouse's freedom to cohabitate protects and upholds the sanctity of their partnership.

Marriageable age prescribed: Laws establish the legal age range for marriage. The Hindu Marriage Act of 1955 stipulates in Section 5(iii) that the bridegroom and the bride must both be at least 18 years old to be married. A marriage has no legal validity and is null and invalid if it is not consummated.

Significance of the marriage ceremonies: According to the law, a marriage is valid if it is consummated with customary rights and rites. Legally speaking, postmarriage children belong to their father, who must protect and care for them.

Pay attention to the parties' mental stability before marriage: If a person was mentally incompetent at the time of marriage, their union would be deemed invalid. Before becoming married, the partner must also provide their legally binding permission. Section 5(ii)(a),(b),(c) lists the mental health and ability requirements for Hindu marriage.

Key Sections of the Hindu Marriage Act of 1955

One important piece of law that controls Hindu weddings in India is the Hindu Marriage Act, of 1955. It is divided into many sections that cover different facets of marriage, divorce, and other topics. The following are some of the significant parts of the Hindu Marriage Act, of 1955 that are frequently mentioned:

Section 5: Requirements for Hindu marriages, such as age, mental competence, legally forbidden relationships, etc.
Section 7: The ceremonies necessary for Hindu weddings to be deemed lawful.
Section 9: Restitution of conjugal rights: Either party may request the return and cohabitation of the other spouse.
Section 10: Judicial separation - gives married couples the option to live apart without ending their union.
Section 11: It outlines the circumstances under which a Hindu marriage is deemed invalid.
Section 12: Voidable marriages – circumstances in which one party may declare a Hindu marriage voidable.
Section 13: Grounds for Divorce - lists several reasons that either spouse may use to file for divorce.
Section 14: A divorce petition cannot be filed for more than a year after the marriage.
Section 15: Remedial action against a divorce order - contains measures about mediation and possible reconciliation.
Section 16: Children born out of invalid and voidable marriages are legitimate.
Section 17: Pendente light maintenance and procedural costs.
Section 18: Maintenance and alimony for life.
Section 23: Decree in Proceedings: Considerations the court should have before issuing a decree.
Section 24: Process expenditures and maintenance pendent lite.
Section 25: Maintenance and alimony for life.
Section 26: Child custody is included under Section 26.
Section 27: Property disposition and distribution between spouses are covered under Section 27.
Section 28: Revisions of orders and decrees.

In Hindu marriages, every component is essential to guaranteeing that rights and duties are established and respected.

Objectives of the Hindu Marriage Act

To modernise and codify the regulations about Hindu marriage in India, the Hindu Marriage Act of 1955 was passed.
It sought to provide Hindu weddings with a thorough legal foundation. It also sought to handle several other issues, including guardianship, maintenance, and divorce.
The purpose of the Act was to harmonise the laws on Hindu weddings. It guaranteed that Hindu brides and grooms' rights and interests would be safeguarded.
It became simpler for people to comprehend and abide by the legal criteria for a legitimate Hindu marriage as a result of the rules being codified.
The Act also forbade customs like bigamy and underage marriage among Hindus, to advance social changes.

Hindu Marriage Act Criteria for a Valid Marriage

The Hindu Marriage Act specifies requirements that must be met for a Hindu marriage to be deemed lawful. Among these prerequisites are:

Age requirements: At the time of marriage, the bridegroom must be at least 21 years old and the bride must be at least 18 years old.

Solemnization: The act should recognise the procedures and traditions that should be followed when solemnising a marriage. It can be carried out through customary rites or officially recorded in court.

Mental Capacity: Both partners must possess the mental capacity to comprehend the nature and implications of marriage. They must be mentally well and free from any conditions that may limit their capacity to provide free and informed consent.

Prohibited Relationships: Marriages between individuals who fall into one of the categories of partnerships that are prohibited are forbidden under the legislation. This covers affinities (via marriage) and consanguinity (blood-related connections). One cannot, for instance, wed their parent, grandmother, or sibling.

Monogamy: The act fully abides by the concept of monogamy, which stipulates that neither partner should be living with their spouse at the time of marriage. An individual cannot be polygamous under the Hindu Marriage Act.

Hindu Marriage Act of 1955 divorce

The first statute allowing Hindu spouses to file for divorce was the Hindu Marriage Act, which was approved in 1955.
Hindu marriages were not subject to any divorce laws before this one.
The Act specifies the circumstances in which a partner may file for divorce after establishing specific grounds.
Without the consent of the court, a divorce cannot occur.
Separate procedures for judicial separation and divorce are provided by the Hindu Marriage Act.
If a marriage doesn't comply with the Act's provisions, it may be deemed voidable or null and void (Sections 11 and 12).
Nine grounds for divorce based on flaws or blunders are listed in Section 13 of the Act.
Adultery, abandonment, brutality, insanity, leprosy, venereal illness, conversion or rejection of faith are some of these reasons.
To get a divorce order, both parties must provide at least one good basis for the split.

Modifications made to the Indian Territory by the Hindu Marriage Act of 1955

Significant modifications to the Indian legal system about Hindu weddings were brought about by the Hindu Marriage Act of 1955. Among the noteworthy modifications are:

Uniform Law: The legislation created a uniform law that applies to all Hindus in place of the many and sometimes incompatible personal laws that were in force among the various Hindu sects.
Hindu weddings must now be registered to receive legal recognition and safeguard the rights of the couple.
Equal Rights: It addressed the gender disparities that are pervasive in traditional Hindu society by attempting to grant equal rights to men and women within the institution of marriage.
Reasons for Divorce: The legislation broadened the list of reasons for filing for divorce, giving people a way out of abusive or unpleasant marriages on many grounds.
Widows' Remarriage: By legalising and promoting remarriage, the legislation helped Hindu widows overcome the shame attached to their status in society.

Landmark Rulings on Hindu Marriage Act, 1955

Lily Thomas v. Union of India 2006

Fact about the Case - A Supreme Court petition about the validity of the first marriage in a case where a non-Muslim converted to the "Muslim" faith without really altering his or her views or divorcing the first wife was raised in the Lily Thomas v. Union of India (2006) case. It was ruled that a couple's marriage would not be terminated under Hindu law simply because they changed their faith until a divorce judgment was obtained.
Judgment of the Case - The Supreme Court ruled that a second marriage that occurs while a prior marriage is still legally binding is illegal and subject to punishment under the Hindu Marriage Act. It supported Hindu couples' adherence to the monogamy ideal.

Revanasiddappa v. Mallikarjun 2011

Fact about the Case - A Special Bench of the Supreme Court, consisting of Justices G.S. Singhvi and Asok Kumar Ganguly, noted in Revanasiddappa v. Mallikarjun (2011) that the birth of a child out of a relationship between parents must be viewed independently of the relationship between the parents, regardless of the parent's relationship. Without a doubt, a kid from such a connection is innocent and deserving of all the rights and benefits that are granted to a child from a legally binding marriage. This idea is the basis of Section 16 of the Hindu Marriages Act of 1955 (amended).
Judgment of the Case - The court decided that under the Hindu Marriage Act, an irretrievable collapse of marriage might be grounds for divorce. It acknowledged how crucial it was to protect each party's mental and emotional well.

Joydeep Majumdar v. Bharti Jaiswal Majumdar 2021

Fact about the Case - The Supreme Court observed in the recent case of Joydeep Majumdar v. Bharti Jaiswal (2021) that the wife was fabricating allegations that were damaging to the husband's reputation and employment, which would surely be considered mental cruelty. The appellant, an Army officer with an M.Tech., and the respondent, a Ph.D.-holding professor at the Government P.G. College, Tehri, were wed on September 27, 2006, and briefly cohabited in Visakhapatnam and Ludhiana. However, the pair had arguments from the start of their marriage, and as of September 15, 2007, they were no longer living together.
Judgment of the Case - The importance of mutual consent in divorce proceedings was stressed by the court. It ruled that, by the terms of the Hindu Marriage Act, both spouses have to consent to file for divorce for certain reasons.

Amarjeet Singh v. Union of India 2022

Fact about the Case - The appellant argued during the divorce process that the respondent had falsely accused him on several occasions, harming his reputation, and his career, and causing him mental abuse. In contrast, the respondent said in her application for the restoration of conjugal rights that her husband had left her without a good cause, and as a result, she begged the appellant for advice on how to get back on track in her marriage.
Judgment of the Case - The court made it clear that a wife may file for divorce because her marriage has irretrievably broken down. This is comparable to the Act's provisions for the spouse.

Conclusion

In India, Hindu weddings are governed in large part by the Hindu Marriage Act of 1955. It creates the official legal structure for Hindu marriage solemnization, registration, and dissolution. The purpose of the act is to safeguard individuals' rights, provide equal treatment for men and women, and provide a means of resolving issues related to marriage and divorce within the Hindu community. Important adjustments and regulations have been established to ensure equitable treatment of all parties in Hindu weddings in India.

Frequently Asked Questions (FAQs)

1. What is the Hindu Marriage Act of 1955 exactly?

Hindus are guided to form a methodical marriage relationship by the Hindu Marriage Act. It provides purpose to marriage, rights to cohabiting for the bride and groom, and protection for their family and kids from the effects of their parenting problems.

2. Which Hindu Marriage Act of 1955 is valid?

Any two Hindus may get married if the following requirements are met: (i) neither party has a spouse who is alive at the time of the marriage; (ii) neither party has a spouse who is deceased at the time of the marriage.

3. What is the Hindu Marriage Act of 1955's minimum age?

According to Section 5(iii) of The Hindu Marriage Act, 1955, the minimum age for a Hindu bride is 18 years old, while the minimum age for a Hindu groom is 21 years old. Even if a minor in the marriage may ask for the union to be dissolved, child weddings are not prohibited.

4. Which relationships are forbidden under the Hindu Marriage Act of 1955?

If one of the two is a lineal descendant of the other, then they are considered to be within the degrees of banned ties. A daughter, for instance, is not allowed to wed her grandpa or father. In the same vein, a mother cannot wed her grandchild or son.

5. What does the Hindu Marriage Act's Section 7 mean?

Hindu marriage ceremonies: (1) A Hindu marriage may be performed in line with the traditional rituals and ceremonies of either partner.

6. What are the essential conditions for a valid Hindu marriage under the Act?

The essential conditions include: neither party should have a living spouse at the time of marriage

7. How does the Act define "sapinda relationship"?

A sapinda relationship refers to a blood relationship within certain degrees of ascent or descent. The Act defines it as a relationship where two people share a common ancestor, with one being a lineal ascendant of the other within five degrees on the father's side or three degrees on the mother's side. This concept is important in determining prohibited relationships for marriage.

8. What is the significance of the concept of "degrees of prohibited relationship" in the Act?

The concept of "degrees of prohibited relationship" defines specific familial connections within which marriage is not allowed. This provision aims to prevent marriages between close relatives, which could lead to genetic issues in offspring. However, the Act also recognizes that some communities may have customs allowing such marriages, providing flexibility while maintaining general prohibitions.

9. What is the difference between void and voidable marriages under the Act?

A void marriage is considered invalid from the beginning and doesn't create any legal rights or obligations. Examples include bigamous marriages or marriages within prohibited degrees of relationship. A voidable marriage, on the other hand, is valid until annulled by a court. Grounds for voidable marriages include impotence, mental illness, or marriage before the minimum age.

10. How does the Act address the issue of child marriage?

The Act sets minimum age requirements for marriage: 21 years for males and 18 years for females. This provision aims to prevent child marriages, which were common in some communities. However, it's important to note that while such marriages are voidable, they are not automatically void, allowing for some flexibility in implementation.

11. What are the grounds for divorce under the Hindu Marriage Act?

The Act provides several grounds for divorce, including: adultery, cruelty, desertion for two or more years, conversion to another religion, unsoundness of mind, virulent and incurable leprosy, venereal disease in a communicable form, renunciation of the world, and presumption of death. It also allows for divorce by mutual consent after living separately for at least one year.

12. How does the Act address the issue of alimony and maintenance?

The Act provides for both alimony (financial support during the divorce proceedings) and permanent maintenance after divorce. The court can order either spouse to pay maintenance to the other, considering factors such as the respondent's income and property, the claimant's income and property, and the conduct of the parties. This provision aims to ensure financial security for the economically weaker spouse.

13. What is the significance of the concept of "cruelty" as a ground for divorce under the Act?

Cruelty is a significant ground for divorce under the Act. It can be physical or mental and must be of such a nature that it causes reasonable apprehension in the mind of the petitioner that it would be harmful or injurious to live with the other party. The interpretation of cruelty has evolved over time, with courts recognizing various forms of mental cruelty, reflecting changing social norms and expectations in marital relationships.

14. What is the concept of "judicial separation" under the Act, and how does it differ from divorce?

Judicial separation is a legal process where a married couple is allowed to live separately but remains legally married. Unlike divorce, it doesn't terminate the marriage. The grounds for judicial separation are similar to those for divorce. This provision offers an alternative for couples who may not want to divorce due to personal, religious, or social reasons, while still providing legal recognition of their separation.

15. How does the Act address the issue of conversion and its impact on marriage?

The Act allows for divorce if one spouse converts to another religion. This provision reflects the Act's application to specific religious communities. However, if both spouses convert to another religion, their marriage remains valid under the Act unless dissolved under their new personal law. This approach balances respect for religious freedom with the need for legal certainty in marital status.

16. What is the significance of the provision for "restitution of conjugal rights" in the Act?

The provision for restitution of conjugal rights allows a spouse to petition the court if the other spouse has withdrawn from their company without reasonable cause. If granted, it requires the withdrawing spouse to return to cohabitation. This provision has been controversial, with critics arguing it infringes on individual liberty and reinforces patriarchal norms, while supporters see it as a means to preserve marriages.

17. How does the Act address the issue of foreign marriages and divorces?

The Act primarily applies to marriages solemnized in India. However, Section 1(2) extends its application to Hindus domiciled in India who marry outside India. For divorces granted by foreign courts, Indian courts generally recognize them if they meet certain conditions, such as the divorce being granted on grounds available under Indian law and by a court of competent jurisdiction.

18. What is the significance of the "one year bar" in filing for divorce under the Act?

The Act stipulates that a petition for divorce can only be filed after one year of marriage, except in cases of exceptional hardship to the petitioner or exceptional depravity on the respondent's part. This provision aims to prevent hasty divorces and encourage reconciliation. However, it has been criticized for potentially trapping individuals in abusive relationships during the first year of marriage.

19. How does the Act address the issue of maintenance during the pendency of legal proceedings?

The Act provides for maintenance pendente lite (during the pendency of proceedings) under Section 24. Either spouse can claim maintenance if they don't have independent income sufficient for their support. This provision ensures that the economically weaker spouse is not left without means during potentially lengthy legal proceedings.

20. How does the Act address the issue of bigamy?

The Act explicitly prohibits bigamy for Hindus. Section 5 of the Act states that neither party should have a living spouse at the time of marriage. A bigamous marriage is considered void under Section 11 of the Act. This provision was a significant reform, as polygamy was previously allowed in some Hindu communities.

21. What is the significance of the "saptapadi" (seven steps) in a Hindu marriage under the Act?

The Act recognizes the saptapadi as a crucial ceremony for the solemnization of a Hindu marriage. It involves the bride and groom taking seven steps together around the sacred fire. The Act states that a Hindu marriage is complete and binding when the saptapadi is completed. This inclusion reflects the Act's incorporation of traditional Hindu rituals into the legal framework.

22. How does the Act handle the issue of impotence as a ground for nullity of marriage?

Impotence is a ground for nullity under Section 12 of the Act. It refers to the inability to consummate the marriage due to physical or psychological factors. The impotence must have existed at the time of marriage and continue until the filing of the petition. This provision recognizes the importance of physical intimacy in marriage while also providing a legal recourse if this aspect of marital life is impossible.

23. What is the concept of "nullity of marriage" under the Act, and how does it differ from divorce?

Nullity of marriage refers to a declaration that the marriage was never valid to begin with. It differs from divorce, which terminates a valid marriage. Grounds for nullity include impotence, either party having a living spouse, either party being of unsound mind or subject to recurrent attacks of insanity, and the bride being pregnant by someone other than the groom at the time of marriage. Unlike divorce, nullity erases the legal existence of the marriage.

24. What is the concept of "custom" under the Hindu Marriage Act, and why is it significant?

The Act recognizes the importance of customs in Hindu marriages. A custom is a long-established practice that has acquired the force of law among a particular community or group. The Act allows certain customs to override its provisions, particularly in matters of prohibited relationships and ceremonies. This recognition of custom reflects the Act's attempt to balance uniformity with respect for diverse traditions.

25. What is the concept of "irretrievable breakdown of marriage" and its status under the Act?

"Irretrievable breakdown of marriage" refers to a situation where the marriage has broken down to such an extent that reconciliation is impossible. While this is not explicitly listed as a ground for divorce in the Act, the Supreme Court has recommended its inclusion. Some judgments have granted divorce on this ground using the court's inherent powers, reflecting evolving legal perspectives on marriage and divorce.

26. How does the Act handle the concept of restitution of conjugal rights?

The Act allows for a petition for restitution of conjugal rights when one spouse has withdrawn from the other without reasonable cause. If the court is satisfied that there is no legal ground for refusal, it may decree restitution of conjugal rights. This provision has been controversial, with critics arguing it infringes on individual liberty and reinforces patriarchal norms.

27. How does the Act handle marriages between individuals of different castes or sub-castes?

The Act does not prohibit inter-caste or inter-subcaste marriages. In fact, it implicitly supports such unions by not mentioning caste as a factor in determining the validity of a marriage. This approach aligns with the constitutional principle of equality and non-discrimination based on caste, promoting social reform and integration.

28. How does the Act handle the property rights of Hindu women after marriage?

The Act itself doesn't directly address property rights, but it interacts with other laws like the Hindu Succession Act. A married Hindu woman has rights to her stridhan (gifts and property given to her before and after marriage) and can be a coparcener in her birth family's property. The Act's provisions on maintenance and alimony also indirectly affect property rights during and after marriage.

29. How does the Act address the issue of marriage registration?

While the Act originally did not mandate marriage registration, amendments have been made to encourage registration. Many states have made registration compulsory. Registration provides legal proof of marriage, which can be crucial in matters of inheritance, maintenance, and other legal rights. However, lack of registration doesn't invalidate a Hindu marriage if it meets other requirements under the Act.

30. What is the concept of "mutual consent divorce" under the Act, and how does it work?

Mutual consent divorce, introduced through an amendment in 1976, allows couples to divorce if they have been living separately for at least one year and mutually agree that the marriage should be dissolved. They must file a joint petition, and the court grants the divorce after a 6-month cooling-off period. This provision recognizes the autonomy of couples to end their marriage amicably without assigning blame.

31. What is the significance of the provision for "divorce by mutual consent" in the Act?

The provision for divorce by mutual consent, added in 1976, represents a significant shift in the approach to divorce. It recognizes that sometimes marriages break down without either party being at fault and allows for a more amicable and less adversarial divorce process. This provision reflects a more modern understanding of marriage as a partnership that can be dissolved by mutual agreement.

32. How does the Act address the issue of remarriage after divorce?

The Act allows for remarriage after divorce, provided the divorce decree has become final and the time for appeal has expired or an appeal, if filed, has been dismissed. This provision ensures that individuals have the right to remarry and start new families after a failed marriage, aligning with the Act's goal of balancing traditional values with modern realities.

33. What is the significance of the "irretrievable breakdown of marriage" doctrine in relation to the Act?

While "irretrievable breakdown of marriage" is not explicitly listed as a ground for divorce in the Act, the Supreme Court has recommended its inclusion. Some judgments have granted divorce on this ground using the court's inherent powers. This reflects an evolving legal perspective that recognizes situations where a marriage has broken down beyond repair, even if it doesn't fit into the specific grounds listed in the Act.

34. What is the Hindu Marriage Act, 1955 and why was it enacted?

The Hindu Marriage Act, 1955 is a landmark legislation that codified and reformed Hindu personal laws related to marriage. It was enacted to provide a uniform legal framework for Hindu marriages across India, replacing diverse customary practices. The Act aimed to modernize Hindu marriage laws, promote gender equality, and address social issues like child marriage and polygamy.

35. Who does the Hindu Marriage Act, 1955 apply to?

The Act applies to Hindus, Buddhists, Jains, and Sikhs in India. It also covers anyone who is not a Muslim, Christian, Parsi, or Jew, unless they prove that Hindu law would not have applied to them before this Act was passed. This broad application reflects the Act's goal of providing a unified legal framework for a diverse population.

36. How does the Act address the issue of mental illness as a ground for divorce?

Mental illness is a ground for divorce under the Act if the respondent has been incurably of unsound mind or has been 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. This provision balances the rights of the mentally ill spouse with the well-being of the other spouse.

37. How does the Act handle the issue of desertion as a ground for divorce?

Desertion is a ground for divorce if one spouse has deserted the other for a continuous period of not less than two years immediately preceding the presentation of the petition. Desertion implies the intentional permanent forsaking and abandonment of one spouse by the other without reasonable cause and without the consent of the other. This provision recognizes the breakdown of the marital relationship due to long-term separation.

38. How does the Act handle the issue of custody of children in case of divorce?

While the Act doesn't provide detailed provisions for child custody, it empowers the court to make appropriate orders for the custody, maintenance, and education of minor children, consistent with their wishes, where possible. The paramount consideration is the welfare of the child. Courts often follow the principle of treating the child's best interests as of utmost importance in custody decisions.

39. What is the concept of "condonation" in relation to grounds for divorce under the Act?

Condonation refers to the forgiveness of a matrimonial offense by the aggrieved spouse. If a spouse has condoned (forgiven) an act that could be a ground for divorce, such as adultery or cruelty, they generally cannot later use that act as a ground for divorce. However, if the offense is repeated after condonation, the earlier acts can be revived as grounds for divorce.

40. How does the Act handle the issue of property division upon divorce?

The Act itself doesn't provide detailed provisions for property division upon divorce. However, it interacts with other laws like the Hindu Succession Act. Courts have the power to order a settlement of property under Section 27 of the Act. In practice, courts often try to ensure a fair division of assets acquired during the marriage, considering factors like each spouse's contribution and future needs.

41. What is the concept of "fraud" in relation to marriage under the Act?

Fraud in the context of marriage refers to willful misrepresentation or concealment of a material fact that induces the other party to enter into the marriage. Under Section 12 of the Act, a marriage is voidable if the consent of either party was obtained by fraud. However, the fraud must relate to an essential aspect of the marriage to be grounds for nullity.

42. How does the Act address the issue of cruelty in the context of arranged marriages?

The Act doesn't distinguish between arranged and love marriages in its treatment of cruelty as a ground for divorce. However, courts have sometimes considered the context of arranged marriages when interpreting what constitutes cruelty. For instance, courts might consider cultural