Comparative Table (HMA, SMA)
HMA
Aspects
Applicability
Marriage within degrees of
prohibited relationship
Registration
Without reasonable excuse
withdrawn from the society of the other
truthness of the statement
Restitution of conjugal rights no legal ground to reject the application
Void marriage
Voidable marriage
Divorce by either party
Divorce by wife
Alternative to Divorce
Divorce by Mutual consent
Alimony pendente lite
(anciliary relief)
Permanent alimony and
maintenance
(Permanent relief)
SMA Sections (HMA, SMA)
All Hindus in India All citizens of India
All Hindus domiciled in India* but living outside All citizens of India domicled in India* and living in J&K *except the State of J&K
Prospective as well as retrospective application Only prospective application Section 1, 1
For marriage within degrees of prohibited relationship, customs and For marriage within degrees of prohibited relationship, customs and usages of at least
usages of both parties should allow it one of the parties should allow it 5, 4
No age requirement (parties may register right after the marriage) Not for marriages solemnised under SMA.
Not Mandatory For registration, both parties have to be atleast 21 years 8, 15
Same as in HMA 9, 22
Applicable only to marriages solemnised under this act (not to registered marriage under
SMA)
Void when solemnised
a) during life of living spouse
b) within degree of prohibited relationship
c) person of unsound mind (incapable of giving consent), mental disorder
Viod only when solemnised rendering incapable of marriage and procreation, recurring insanity
a) during lifetime of spouse of either party d) below 18/21 years
b) within degrees of prohibited relationship [s 3(g), 5(iv) e) respondent was impotent at the time of marriage and at the time of institution of
c) within sapindas [s 3(f), 5(v) suit 11, 24
Voidable when
a) no consummation due to impotence of respondent
b) person of unsound mind (incapable of giving consent), mental Applicable only to marriages solemnised under this act (not to registered marriage under
disorder rendering incapable of marriage and procreation, SMA)
recurring insanity (under SMA, it is ground for void marriage) Voidable when
c) respondent pregrant with some other person at the time of marriage a) marriage not consummated because of wilful refusal of respondent
(T&C apply, Section 12 proviso) b) respondent pregrant with some other person at the time of marriage (T&C apply--sec
d) consent of petitioner/guardian obtained by force/fraud (T&C 25 proviso)
apply, Section 12 proviso) c) consent to marriage of either party obtained by fraud, coersion (T&C apply--sec 25
(fraud as to the nature of ceremony or any material fact concerning proviso)
the respondent Fraud as defined under Indian Contract Act 12, 25
a) Adultery
b) cruelty
c) desertion a) Adultery
d) incurable unsound mind, mental disorder that the petitioner cannot be b) cruelty
reasonably expected to live with the petitioner c) desertion
e) veneral disease in incurable form d) incurable unsound mind, mental disorder that the petitioner cannot be reasonably
f) not heard alive for 7 years expected to live with the petitioner
g) no resumption of cohabitation/no restitution of conjugal rights after 1 e) veneral disease in incurable form
year of passing of decree of judicial separation/restitution of conjugal f) not heard alive for 7 years
rights g) no resumption of cohabitation/no restitution of conjugal rights after 1 year of passing
h) leprosy not contacted from petitioner of decree of judicial separation/restitution of conjugal rights
i) conversion h) virulent and incurable leprosy
j) renunciation of the world i) undergoing 7 or more years imprisonment for offence under IPC 13, 27
a) Since solemnisaiton of marriage, husband guilty of rape, sodomy or
bestiality
b)
c) Marriage solemnised before this Act and husband
remarried/already married with another wife before
commencement of this Act, provided, the other wife was alive when
petiton was presented
d) option of puberty (marriage before 15 years, repudiated before a) Since solemnisaiton of marriage, husband guilty of rape, sodomy or bestiality
18 years (after 15)) b) 13, 27
Judicial separation to be given as alternate relief except when
a) not heard alive for 7 years
b) conversion to other religion Judicial separation to be given as alternate relief except when
c) renunciation of the world a) not heard alive for 7 years 13A, 27A
not living together for 1 year and have mutually agreed to divorce (6
months cooling off period) Same as in HMA 13B, 28
a) Right given to both Husband and Wife a) Right given only to wife
While determining the maintenance amount, both husband's and While determining the maintenance amount, only husband's income is taken into
wife's income has to be considered account 24, 36
Available to both Husband and Wife
Maintenance payable either periodically or as gross sum, for her life term,
regards to be paid to the income and property of both Available only to wife
Order may be modified, vary or rescinded if the wife remarries or leads a Maintenance payable either periodically or as gross sum, for her life term, regards to be
chaste life, or if it is husband, he has had sex with any woman outside paid to the income and property of the husband and property of the wife (if any)
wedding Order may be modified, vary or rescinded if the wife remarries or leads a chaste life 25, 37