We hold Marriage in the highest regard as a cultural institution. But marriage, being one of the most complex partnerships, isn’t easy to keep going, particularly in this day and age when divorces are so common. Here is where the Hindu Marriage Act (HMA) comes in handy, preventing families and marriages from disintegrating.

In an effort to create legal uniformity among Hindus, the Hindu Marriage Act was passed and went into effect in 1955. When necessary, individuals can seek legal assistance in filing for a divorce under the Hindu Marriage Act, according to the sections that are authorised by the law.

There are few relationships as intricate and emotionally and financially involved as a marriage. This law is enacted to protect the rights of the bride and groom by the Hindu Marriage Act.

Significance of Understanding Hindu Marriage Act

Everyone should familiarise themselves with the Hindu Marriage Act before entering into a legally binding union. Even if not familiar with the law in its entirety, at least having a basic understanding of its significance can help the happy couple avoid unnecessary complications. Both the bride and the groom’s rights are protected by the Hindu Marriage Act, which helps to establish certain fundamentals.

It comprises:

Bigamy 

It is illegal for a man to have more than one wife in accordance with the Hindu Marriage Act. Before a man can legally wed another woman, he must first get a divorce from his current or previous wife. If he doesn’t, he could face penalties under the Indian Penal Code, 1860, specifically sections 494 and 495.

Marital status

The legal age of marriage in India is determined by the country’s statutes. The age requirement for boys is 21 and for girls it is 18. Their marriage will be null and void and the couple may be subject to legal responsibilities if they tie the knot before the ceremony.

Return of marital privileges

This paves the way for a spouse to seek judicial restoration of conjugal rights in the event that one spouse leaves the marriage without a valid reason. The integrity and longevity of the marriage are both protected in this way.

Emotional resilience

If either spouse is mentally unfit at the time of marriage, the union is invalid. Obtaining legal consent is a prerequisite to the couple’s marriage in such a situation. The Hindu Marriage Act states these in sections 5(ii)(a), (b), and (c).

Marriage rituals

A marriage is legitimate and the parties are bound by it if it follows the traditional ceremonies and rights. Because of the legal status of this type of marriage, the father (the groom) has a responsibility and obligation to any children born from it.

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The Hindu Marriage Act of 1955 and its applicable provisions pertaining to divorce

It was recently announced by the Supreme Court that they can dissolve any marriage or grant a divorce decree if it has irretrievably broken down, using the power listed under Article 142, which gives the Supreme Court the power to practise complete justice. Bypassing the waiting period and going straight to the Supreme Court is made easier with this.

Let us now examine the many parts of the Hindu Marriage Act:

Article 10

To get a divorce legally, one must follow the steps outlined in Section 10 of the Hindu Marriage Act, which include petitioning the family court. This section also addresses judicial separation. In accordance with subsections 13 (i) and (ii) (different parts), the petition can state the grounds for separation and, if necessary, the sections. For more information on this section, continue reading.

Section 5

The Hindu Marriage Act specifies the requirements for a Hindu Marriage in Section 5. “The marriage’may’ be solemnised under the following conditions,” as the conditions are stated, are important to note because they are discretionary rather than mandatory. Here are the conditions:

(i) When the wedding takes place, neither the bride nor the groom have any prior marriages.

(ii) Neither of them is mentally unable to marry or to give their consent to the marriage. They are both of legal marriageable age according to Indian law, which is 21 for boys and 18 for girls; 

(iii) Neither of them suffers from a mental illness such as epilepsy or recurrent episodes of insanity.

(iv) unless the law for each of them forbids it, none of them can be considered a forbidden relationship unless they are married.

(v) Sapindas are not involved unless their faith or tradition permits it.

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Section 13

In order to obtain a divorce under the Hindu Marriage Act, one must meet the numerous requirements laid out in Section 13. The courts have the authority to grant divorces based on various grounds outlined in this section. One must be aware that while Clause 1-A of the HMA 1955 establishes grounds for divorce for either party, Clause 2 of Section 13 establishes grounds for divorce solely for females.

Section 14

If a year has passed after the wedding, it is illegal to dissolve the marriage under the Hindu Marriage Act, 1955. Nevertheless, there may be an exception if the necessary sections and evidence are submitted with the petition. The Indian Marriage Act states that all marriages should be given an equal opportunity for reconciliation and reconsideration because of the emotional, financial, and mental investments made by both parties and the potential harm that can come from a marriage, especially if children are born into it.

Section 15

The Hindu Marriage Act, specifically Section 15, lays out the grounds for a remarriage after a divorce has been finalised. Any appeal, whether new or existing, against the decree determines the period. The legal right to marry cannot be enforced unless and until an appeal is filed and not dismissed by a court of law.

Wrap up!

Applying for a divorce an important first step for every married Hindu couple is the Hindu Marriage Act of 1955. Because of the potential mental, emotional, and financial toll it may take, it should be carefully considered. To make a more informed choice, it is helpful to understand the various sections. If you are looking for top divorce advocate in Chandigarh, SL Legal Services is the best place to go. 

In order to file your case correctly, you should retain the services of an attorney. Their top Lawyers are knowledgeable about the ins and outs of divorce proceedings, and they can anticipate and prepare for any obstacles that may arise.

Divorce petitions are less difficult to file than final court battles for the same. Divorce decrees can take a year or more to be finalised, depending on the specifics of the case and the parties’ willingness to wait.

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