Salient features of Hindu

Marriage Act, 1955

Guided by- Mrs. Swati Rai Ma'am Presented by- Adarsh Patel LLB
1st Sem
Salient Features of Hindu Marriage Act, 1955:

India is mainly a Hindu-dominated country.

Therefore, Hindu marriages are mainly
governed by “The Hindu Marriage Act, 1955.”
The Act come into force on May 18, 1955 and
applicable to whole of India except the state
of Jammu & Kashmir and also to Hindus
domiciled in the territories to which this act
extends who are outside the said territories.
 Following are the Essential of Hindu
Marriage Act, 1955 are as follows:

1.Applicability :
Section 2 of the Hindu Marriage Act, 1955 states
that the provisions of the act are applicable to
anyone who is Hindu, Jain, Sikh, or Buddhist
by religion, by conversion or by birth.
 2.Monogamy :
At the time of marriage there is no subsisting
valid marriage between any of the party. That
is the provision of the act prohibits bigamy or
polygamy and polyandry. These are treated as
offence and are punishable under the Indian
Penal Code.
 3.Registration :

It is compulsory to register every Hindu

Marriage even if marriage is solemnized by
performing rituals. The State government shall
be given the powers for every respective state
to make laws for the registration of Marriages.
 4.Age :

Both the boy and girl should be Major. The

age of majority is as per the Indian Majority
Act, 1875, that is the minimum age for boy is
21 years and the minimum age for the girl is
18 years at the time of marriage.
 5.Sanity :
• The parties to the marriage are of sound mind
at the time of marriage.
• The parties are not suffering from any mental
disability at the time of marriage
• Parties must be mentally fit to give valid
consent to marriage at the time of marriage.
 6.Beyond prohibited degree:

• Section 5(4) of Hindu Marriage Act, 1955

states that 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.
 Prohibited Relationship includes:
A.Relation by Half blood

B.Relation by Uterine blood

C.Relation by Full blood

 7.Beyond Sapinda Relationship:
• It is nothing but an extension to section 5(4). Relations
which are not covered under section 5(4) are covered under
Sapinda Relationship.
• It covers :
• a.Relation connected through same body
• b.Relation connected through Funeral obligation of food.
• c.Common lineal ascendant.
• Sapinda relationship is always traced upwards i.e. in the line
of ascent and not in the line of decent. From Father’s side:
Five generations and from Mother’s Side: 3 generations.