on

THE HINDU MARRIAGE ACT, 1955

[Act 25 of 1955]1

An Act to amend and codify the law relating to marriage among Hindus.

Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:

1. The Act has been extended to Dadra and Nagar Haveli with effect from 1st July, 1965 by Regulation 6 of 1963, S. 2 and Sch. I and to Pondicherry with effect from 1st October, 1963 with modifications by Regulation 7 of 1963, S. 3 and Sch. I.

CHAPTER I

PRELIMINARY

1. Short title and extent.—(1) This Act may be called the Hindu Marriage Act,1955.

It extends to the whole of India except the State of Jammu and Kashmir and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

COMMENTS

Merely because a law causes hardship, it cannot be interpreted in a manner so as to defeat its object. (Molar Mal v. M/S Iron Works (P) Ltd, AIR 2000 SC 1261(1267).

Where there is ambiguity in a provision, the Report of the Special Committee can be looked into. (. (M/S Haldiram Bhujiawala M/S Anand Kumar Deepak Kumar, AIR 2000 SC 1287(1290).

Whenever there are two possible interpretations , its true meaning and legislative’s intent has to be gathered from the ‘Preamble’ and ‘Statement of Objects and Reasons.’(Qarry Owners Association v. State of Bihar, AIR 2000 SC 2870(2886).

The normal function of a proviso is to except something out of the enactment or to qualify something enacted therein, which but for the proviso would be within the purview of the enactment. (Kush Sehgal v. M.C.Mitter, AIR 2000 SC 1390(1398);Kedarnath Jute Manufacturing Co. Ltd. v.Commercial Ta Officer, AIR 1966 SC 12).

2. Application of Act.—(1) This Act applies-

(a) To any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,

(b) To any person who is a Buddhist, Jaina or Sikh by religion, and

(c) To any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation.—The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:

(a) Any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) Any child, legitimate or illegitimate, one of whose parents a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe. community, group or family to which such parent belongs or belonged; and

(c) Any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25)of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. COMMENTS:-{(25) “Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution;} {342. Scheduled Tribes.— (1) The President 2[may with respect to any State 1[or Union territory], and where it is a State 3[* * *], after consultation with the Governor 4[* * *]thereof,] by public notification 5, specify the tribes or tribal communities or part of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State 1[or Union territory, as the case may be].

(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

1. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

2. Subs. by the Constitution (First Amendment) Act, 1951, s. 11, for “may, after consultation with the Governor or Rajpramukh of a State,”.

3. The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

4. The words “or Rajpramukh” omitted by s. 29 and Sch., ibid.

5. See the Constitution (Scheduled Tribes) Order, 1950 (C.O.22), the Constitution (Scheduled Tribes) (Union Territories) Order, 1951 (C.O.33), the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 (C.O.58), the Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962 (C.O.65), the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (C.O.78), the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 (C.O.82), the Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O.88) and the Constitution (Sikkim) Scheduled Tribes Order, 1978 (C.O.111). }


(3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this act applies by virtue of the provisions contained in this section.

3. Definitions.—In this Act, unless the context otherwise requires,-

(a) The expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certained and not unreasonable or opposed to public policy; and

Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;

(b) “district court” means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act; COMMENTS :-NOW SENIOR CIVIL JUDGE COURTS HAVE GOT JURISDICTIONS OTHER THAN DISTRICT HEAD QUARTER AND IN DISTRICT HEAD QUARTER FAMILY COURT HAS GOT JURISDICTION.

(c) “full blood” and “half blood”-two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives; COMMENTS :-CHILDREN OF SINGLE FATHER AND MOTHER ARE FULL BLOOD AMONG THEM; CHILD OF FIRST MOTHER AND CHILD OF SECOND MOTHER BY SINGLE FATHER ARE HALF BLOOD TO EACH OTHER;

(d) “uterine Blood”-two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands; COMMENTS :- CHILD OF FIRST FATHER AND CHILD OF SECOND FATHER BY SINGLE MOTHER ARE UTERINE BLOOD TO EACH OTHER;.

Explanation.—In clauses (c) and (d), “ancestor” includes the father and “ancestress” the mother; COMMENTS :-[ THE WORD "INCLUDES" SOUNDS NOT GOOD ]

(e) “Prescribed” means prescribed by rules made under this Act; COMMENTS :-[SO FAR SO MANY RULES NOT MADE AVAILABLE EVEN FOR THE ADVOCATES ].

(f)(i) “sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation; COMMENTS :-[ CHILD - MOTHER - GRAND MOTHER 3 GENERATIONS; CHILD - FATHER - GRAND FATHER -GREAT GRAND FATHER - GREAT GREAT GRAND FATHER 5 GENERATIONS;]

(ii) Two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them; COMMENTS :- [ PARENTS AND CHILDREN ; GRAND PARENTS AND GRAND CHILDREN;]

(g) “Degrees of prohibited relationship”-two persons are said to be within the “degrees of prohibited relationship”-

(i) If one is a lineal ascendant of the other; or COMMENTS :- [EXP.:- FATHER -GRAND FATHER]

(ii) If one was the wife or husband of a lineal ascendant or descendant of the other; or COMMENTS :-[EXP.:-PARENT-IN-LAWS;SON-IN-LAWS;DAUGHTER-IN-LAWS]

(iii) If one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other, or

(iv) If the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Explanation.—For the purposes of clauses (t) and (g), relationship includes-

(i) Relationship by half or uterine blood as well as by full blood;

(ii) Illegitimate blood relationship as well as legitimate;

(iii) Relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly.

4. Overriding effect of Act.—Save as otherwise expressly provided in this Act.-

(a) Any text rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) Any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.

Comments

Post a Comment