Applicability - All India except - J & K - All Hindus everywhere. - Hindus including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; - to any person who is a Buddhist, Jaina or Sikh by religion - to any other person domiciled within this territories: who is not a Muslim, Christian, Parsi or Jew by religion, except Scheduled Tribes. S. 5: Conditions of a Hindu Marriage: may be solemnized between any two Hindus, upon conditions: i. neither party has a spouse living at the time of the marriage iii. the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage (S. 12: Voidable Marriages: may be nullified;) iv. 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; S. 8: Registration of Marriage i. State Government may make rules for Registration in Hindu Marriage Register ii. the validity of any Hindu marriage shall in no way be affected by the omission to make the entry. Nullity of Marriage and Divorce S. 11: Void Marriage: on grounds: i. neither party has a spouse living at the time of the marriage iv. 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; S. 12: Voidable Marriages: may be nullified; on grounds: i. that the marriage has not been consummated owing to the impotency of the respondent ii. is not mentally unfit to give consent or is subject to such recurrent attacks (epilepsy) iii. the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage. iv. that the respondent was at the time of the marriage pregnant by some person other than the petitioner. S. 9: Restitution of Conjugal rights and judicial separation: When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society S. 10: Judicial Separation: (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any of the grounds might have been presented. (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit S. 13: Divorce: on grounds: i. has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or ii. has, after the solemnization of the marriage, treated the petitioner with cruelty; or iii. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or iv. has ceased to be a Hindu by conversion to another religion ; or (grounds for S. 13-A: Judicial Separation) v. has been incurably of unsound mind, or has 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. vi. has renounced the world by entering any religious order; or (grounds for S. 13-A: Judicial Separation) vii. has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; (grounds for S. 13-A: Judicial Separation) viii. Judicial Seperation: ix. that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or S. 13-B: Divorce by mutual consent: i. on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. ii. after six months of above petition and before 18 months will be granted divorce, after court is sure, all statements are true. - No divorce within 1 year of marriage - Remarriage when end of all legal recourse: no more appeals. - Children of a Void - Voidable Marriage: Child of Void and Voidable marriage is legitimate - has legal rights IPC Section 494 - 495 applicable for Bigamy S. 24. Maintenance pendente lite and expenses of proceedings.- S. 25. Permanent alimony and maintenance:

• published: 07 Aug 2014
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