Understanding the Hindu Marriage Act and Key Supreme Court Judgments

hindu marriage act and supreme court judgements

Key Provisions of the Hindu Marriage Act

The Hindu Marriage Act, 1955, comprises various provisions governing Hindu marriages, including:

  1. Applicability: The Act applies to Hindus by religion, including Sikhs, Buddhists, and Jains. It is not applicable to individuals who have converted to another religion.
  2. Eligibility for Marriage:
    • The groom must be at least 21 years old, while the bride must be at least 18 years old at the time of marriage.
    • Neither party should have a spouse living at the time of the marriage.
    • The parties must be of sound mind and not subject to any mental disorders that make them incapable of marriage.
  3. Void and Voidable Marriages:
    • The Act outlines conditions under which a marriage can be considered void (non-existent from the beginning) or voidable (can be annulled).
    • Examples of void marriages include bigamy, incestuous marriages, or if either party is already married.
    • Grounds for voidable marriages include fraud, impotence, or insanity.
  4. Conditions for a Valid Marriage:
    • The marriage must be performed according to Hindu customs and rites.
    • Both parties must give their free consent to the marriage without coercion.
    • The marriage should not violate prohibited degrees of relationship.
  5. Registration of Marriages: The Act allows for the voluntary registration of marriages. Registration is not mandatory but is often done to provide legal proof of the marriage.
  6. Restitution of Conjugal Rights: In cases where one spouse has withdrawn from the other without reasonable justification, the Act allows for the restitution of conjugal rights, where the court can order the return of the spouse to the matrimonial home.
  7. Judicial Separation: The Act provides for judicial separation, a legal status where the spouses live apart but remain married. It is a precursor to divorce.
  8. Divorce: The Hindu Marriage Act allows for divorce on various grounds, including adultery, cruelty, desertion, and mutual consent. Divorce procedures are subject to legal requirements and court intervention.
  9. Maintenance: The Act outlines provisions for maintenance (financial support) for spouses and children in cases of separation or divorce.

Legal Requirements and Procedure for Hindu Marriages

  1. Notice of Intention: Both parties must give notice of their intention to marry to the Marriage Registrar in their jurisdiction. This notice is usually filed 30 days in advance.
  2. Objections: During the notice period, any person may file an objection to the marriage if they believe it violates the Act’s provisions.
  3. Marriage Registration: After the notice period and without any valid objections, the marriage can proceed. The ceremony must be conducted according to Hindu customs and rituals.
  4. Registration of Marriage: After the marriage ceremony, the parties may choose to register their marriage voluntarily with the Marriage Registrar.
  5. Divorce Procedure: In the event of divorce, parties must follow the procedure outlined in the Act, which may include filing for divorce on valid grounds, attending court hearings, and complying with court orders.

Amendments to the Hindu Marriage Act

Over the years, the Hindu Marriage Act has undergone several amendments to adapt to changing social and legal landscapes. Some notable amendments include:

  1. The Hindu Marriage (Amendment) Act, 1976: This amendment added the concept of “irretrievable breakdown of marriage” as a ground for divorce. It recognized that in certain cases, the marriage has broken down beyond repair, and divorce may be granted.
  2. The Marriage Laws (Amendment) Act, 2010: This amendment made it mandatory for parties to disclose information about any previous marriage or children born from it before registering a new marriage.
  3. The Marriage Laws (Amendment) Bill, 2021: Proposed amendments in this bill aim to further strengthen women’s rights, protect against fraudulent marriages, and simplify the divorce process.

Supreme Court Judgments and their Impact on the Hindu Marriage Act

. Saroj Rani v. Sudarshan Kumar Chadha (1984)

This landmark judgment addressed the issue of restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The Court held that restitution of conjugal rights cannot be enforced through a decree of specific performance, as marriage is a matter of personal choice and cannot be forced upon an unwilling spouse. The judgment reinforced the principle of free consent in marriages and recognized the importance of personal autonomy within marital relationships.

2. V. Tulasamma v. Sesha Reddi (1977)

In this case, the Supreme Court clarified the legal status of the Hindu Undivided Family (HUF) as it pertains to succession and inheritance. The Court held that a married daughter cannot be excluded from inheriting her father’s property merely because she was married at the time of his death. This judgment was instrumental in promoting gender equality in matters of inheritance and property rights among Hindus.

3. D. Velusamy v. D. Patchaiammal (2010)

This case addressed the issue of whether a relationship that is not a legally valid marriage could still be considered a “relationship in the nature of marriage” under the Hindu Marriage Act. The Supreme Court ruled that for a relationship to qualify as such, it must fulfill the essential criteria of a valid marriage, including monogamy and mutual consent. This judgment was significant in recognizing the rights of women in live-in relationships and protecting their interests under the Act.

4. Githa Hariharan v. Reserve Bank of India (1999)

This judgment highlighted the importance of the “best interests of the child” in cases of child custody and guardianship under the Hindu Marriage Act. The Court emphasized that the welfare of the child should be the paramount consideration when determining custody and guardianship issues. This principle ensures that the child’s rights and well-being are safeguarded in disputes between parents.

5. Danamma @ Suman Surpur v. Amar (2018)

In this case, the Supreme Court addressed the issue of proving one’s caste and eligibility for reservation benefits under the Hindu Marriage Act. The Court ruled that a certificate obtained by falsely claiming Scheduled Caste (SC) or Scheduled Tribe (ST) status for marriage could not be used as evidence for securing reservation benefits. This judgment aimed to prevent the misuse of caste-based reservations and protect the rights of genuine beneficiaries.

6. Shafin Jahan v. Asokan K.M. (2018)

The Supreme Court’s decision in this case reaffirmed the principle of individual autonomy and the right to choose one’s spouse. It held that the Kerala High Court could not annul the marriage of Hadiya (formerly Akhila Ashokan), a Hindu woman who had converted to Islam and married a Muslim man. The Court upheld the importance of free will and the right to marry a person of one’s choice, even if it involves conversion.


The Supreme Court of India has played a crucial role in shaping and interpreting the Hindu Marriage Act, 1955, through its judgments. These landmark decisions have not only clarified legal provisions but have also contributed to the evolution of Hindu personal laws in alignment with constitutional principles of justice, equality, and individual rights. As the legal landscape continues to evolve, the Supreme Court’s interpretations will remain instrumental in ensuring fairness and justice within Hindu matrimonial matters.

Also read:

Hindu Marriage Can Be Dissolved Through Customary Divorce If Existence Of Such A Customary Right Is Established : Supreme Court

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