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.

PRELIMINARY

1. Short title and extent.

(1) This act may be called the Hindu Marriage Act, 1955.

(2) It extends to the whole of India and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. [The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).]

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 Brahma, Parthana or Arya Samaj,

(b) to any person who is a Buddhist, Jain 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 here in if this Act had not been passed.

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

(a) any child, legitimate, or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain, or Sikh, by religion and who is brought up as a member of the tribe, community, group of family to which such parent belongs or belonged; and
(c) any person who is a convert or reconvert to the Hindu, Buddhist, Jain or Sikh religion.

(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Schedule 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.

(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 provision 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 or law among Hindus in any local area, tribe, community, group of family:
Provided that the rule is certain 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;

(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 ;

(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;

Explanation: In clauses (c) and (d), “ancestor” includes the father and “ancestress” the mother.

(e) “prescribed” means prescribed by rules made under this Act;

(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 upward in each case from the person concerned, who is to be counted as the first generation;

(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;

(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
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(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 (f) 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 test, 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.

HINDU MARRIAGES

5. Conditions for a Hindu Marriage.

A marriage may be solemnized between two Hindus, if the following conditions are fulfilled, namely—

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party—

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity;

(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) 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;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

6. Guardianship in marriage.

[Repealed by the Child Marriage Restraint (Amendment) Act, 1978]

7. Ceremonies for a Hindu Marriage.

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the fire), the marriage becomes complete and binding when the seventh step is taken.

8. Registration of Hindu Marriages.

(1) For the purpose of facilitating the proof of Hindu Marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Registrar shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5) Notwithstanding anything contained in this section, the validity of any Hindu Marriage shall in no way be affected by the omission to make the entry.

Related Law Q&A: What Is the Procedure of Registration of Hindu Marriages in India?

RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

9. Restitution of conjugal rights.

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.

10. Judicial Separation.

(1) Either party to a marriage, whether solemnised 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 specified in sub-section (2) thereof, as grounds on which a petition for divorce 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 with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

NULLITY OF MARRIAGE AND DIVORCE

11. Void marriages.

Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clause (i), (iv) and (v) of section 5.

12. Voidable marriages.

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—

(a) that the marriage has not been consummated owing to the impotence of the respondent; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of ceremony or as to any material fact or circumstance concerning the respondent; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage—

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if—

(i) the petition presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied—

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

13. Divorce.

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—

(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion; or

(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation: In this clause—

(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any disorder or disability of mind and includes schizophrenia;

(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable form of leprosy; or Omitted by Personal Laws (Amendment) Act, 2019. Here is the Original Official PDF.

(v) has been suffering from venereal disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(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.

Explanation: In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for dissolution of the marriage by a decree of divorce on the ground—

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,—

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:
Provided that in either case, the other wife is alive at the time of presentation of the petition; or

(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or,

(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, or in a proceeding under Section 125 of the Criminal Procedure Code, 1973 or under the corresponding Section 488 (now omitted) of the Code of Criminal Procedure, 1898, a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;

(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining the age but before attaining the age of eighteen years.

Explanation: This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976.

13A. Alternate relief in divorce proceedings.

In any proceedings under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree of judicial separation.

13B. Divorce by mutual consent.

(1) Subject to the provisions of this Act, a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, 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.

(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such enquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

14. No petition for divorce to be presented within one year of marriage.

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce unless at the date of presentation of the petition one year has elapsed since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of marriage, the court shall have regard to the interests of any children of the marriage and the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.

15. Divorced persons when may marry again.

When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.

16. Legitimacy of children of void and voidable marriages.

(1) Notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

17. Punishment of Bigamy.

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

Related: What Is Bigamy Under Indian Laws and What Happens When a Hindu Converts to Islam for a Second Marriage

18. Punishment for contravention of certain other conditions for a Hindu Marriage.

Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the condition specified in clauses (iii), (iv) and (v) of section 5 shall be punishable—

(a) in the case of a contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years, or with fine which may extend to one lakh rupees, or with both;

(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

JURISDICTION AND PROCEDURE

19. Court to which petition shall be presented.

Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction—

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this Act extends, or 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 him if he were alive.

20. Contents and verification of petitions.

(1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded and except in a petition under section 11, shall also state that there is no collusion between the petitioner and the other party to the marriage.

(2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.

21. Application of Act 5 of 1908.

Subject to the other provisions contained in this Act and to such rules as the High Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.

21A. Power to transfer petitions in certain cases.

(1) Where—

(a) a petition under this Act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13, and

(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree of judicial separation under section 10 or for a decree of divorce under section 13 or any ground, whether in the same district court or in a different district court, in the same State or in a different State,

the petitions shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies—

(a) if the petitions are presented to the same district court, both the petitions shall be tried and heard together by the district court;

(b) if the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.

(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908, to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.

21B. Special provision relating to trial and disposal of petitions under the Act.

(1) The trial of a petition under this Act shall, so far as it is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

21C. Documentary evidence.

Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence in any proceedings at the trial of a petition under this Act on the ground that it is not duly stamped or registered.

22. Proceedings to be in camera and may not be printed or published.

(1) Every proceeding under this Act shall be concluded in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the court.

(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.

23. Decree in proceedings.

(1) In any proceeding under this Act, whether defended or not, if the court is satisfied that—

(a) any of the grounds for granting relief exists and the petitioner except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or sub- clause (c) of clause (ii) of section 5 is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and

(b) where the ground of the petition is the ground specified in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, or

(bb) where a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or under influence; and

(c) the petition (not being a petition presented under section 11) is not presented or prosecuted in collusion with the respondent, and

(d) there has not been any unnecessary or improper delay in instituting the proceedings, and

(e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly.

(2) Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties:
Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or clause (vii) of sub-section (1) of section 13.

(3) For the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, effected and the court shall in disposing of the proceedings have due regard to the report.

(4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.

23A. Relief for respondent in divorce and other proceedings.

In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner’s adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she has presented a petition seeking such relief on that ground.

24. Maintenance pendente lite and expenses of proceedings.

Where in any proceedings under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceedings, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceedings, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable.
Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.

25. Permanent alimony and maintenance.

(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

Related: What Is the Law Related to Alimony in India?

26. Custody of children.

In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, alter the decree, upon application by petition for the purpose: make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made:
Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.

27. Disposal of property.

In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.

28. Appeal from decrees and orders.

(1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decree of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.

(2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on the subject of costs only.

(4) Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.

28A. Enforcement of decrees and orders.

All decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being in forced.

SAVINGS AND REPEALS

29. Savings.

(1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or even to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.

(2) Nothing contained in this Act shall be deemed to affect any right recognised by customs or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.

(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.

(4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954, with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act.

30. Repeals.

[Repealed by the Repealing and Amending Act, 1960 (Act no.58 of 1960) section 2 and the first schedule with effect from 16 February, 1960.]

Other Hindu Laws:

• Hindu Succession Act, 1956
• Hindu Disposition of Property Act, 1916
• Hindu Adoptions and Maintenance Act, 1956
• Hindu Minority and Guardianship Act, 1956

Hindu Marriage Act, 1955 (Updated Bare Act)
WritingLaw

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

BE it enacted by Parliament in the seventh year of the Republic of India as follows.

CHAPTER 1 – PRELIMINARY

1. Short title and extent.

(1) This Act may be called the Hindu Succession Act, 1956.

(2) It extends to the whole of India. [The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).]

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 Buddhist, Jain or Sikh by religion; and

(c) to any other person 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, Jains or Sikhs by religion, as the case may be—

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain 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;
(c) any person who is a convert or reconvert to the Hindu, Buddhist, Jain 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.

(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 and interpretations.

(1) In this Act, unless the context otherwise requires,—

(a) “agnate” — one person is said to be an “agnate” of another if the two are related by blood or adoption wholly through males;

(b) “Aliyasantana law” means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Aliyasantana Act, 1949, or by the customary Aliyasantana law with respect to the matters for which provision is made in this Act;

(c) “cognate” — one person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males;

(d) 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 certain 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;

(e) “full blood”, “half blood” and “uterine blood”—

(i) two persons 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;
(ii) 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;

Explanation: In this clause, “ancestor” includes the father and “ancestress” the mother.

(f) “heir” means any person, male or female, who is entitled to succeed to the property of an intestate under this Act;

(g) “intestate” — a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect;

(h) “Marumakkattayam law” means the system of law applicable to persons—

(a) who, if this Act had not been passed, would have been governed by the Madras Marumakkattayam Act, 1932; the Travancore Nayar Act (2 of 1100K); the Travancore Ezhava Act (3 of 1100K); the Travancore Nanjinad Vellala Act (6 of 1101K); the Travancore Kshatriya Act (7 of 1108K); the Travancore Krishnanvaka Marumak kathayee Act (Act 7 of 1115K); the Cochin Marumak kathayam Act (33 of 1113K); or the Cochin Nayar Act (29 of 1113K); with respect to the matters for which provision is made in this Act; or
(b) who belong to any community, the members of which are largely domiciled in the State of Travancore Cochin or Madras [as it existed immediately before the 1st November, 1956], and who, if this Act had not been passed, would have been governed with respect to the matters for which provision is made in this Act by any system of inheritance in which descent is traced through the female line;

but does not include the Aliyasantana law;

(i) “Nambudri law” means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Nambudri Act, 1932 Madras Act (21 of 1933); the Cochin Nambudri Act (17 of 111K); or the Travancore Malayala Brahmin Act (3 of 1106K) with respect to the matters for which provision is made in this Act;

(j) “related” means related by legitimate kinship:
Provided that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly.

(2) In this Act, unless the context otherwise requires, words imparting the masculine gender shall not be taken to include females.

4. Overriding effect of Act.

(1) 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 apply to Hindus insofar as it is inconsistent with any of the provisions contained in this Act.

(2) Omitted in 2005.

CHAPTER 2 – INTESTATE SUCCESSION

GENERAL

5. Act not to apply to certain properties.

This Act shall not apply to—

(i) any property succession to which is regulated by the Indian Succession Act, 1925, by reason of the provisions contained in Section 21 of the Special Marriage Act, 1954;

(ii) any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this Act;

(iii) the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board by reason of the powers conferred by Proclamation (IX of 1124) dated 29th June, 1949, promulgated by the Maharaja of Cochin.

6. Devolution of interest in coparcenary property.

(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,—

(a) by birth become a coparcener in her own right in the same manner as the son;

(b) have the same rights in the coparcenary property as she would have had if she had been a son;

(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son,

and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:
Provided that nothing contained in this subsection shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.

(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition.

(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,—

(a) the daughter is allotted the same share as is allotted to a son;

(b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and

(c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be.

Explanation: For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

(4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt:
Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect—

(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or
(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.

Explanation: For the purposes of clause (a), the expression “son”, “grandson” or “great-grandson” shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005.

(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004.

Explanation: For the purposes of this section, “partition” means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of a court.

STATE AMENDMENT

7. Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom.

(1) When a Hindu to whom the marumakkattayam or nambudri law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an interest in the property of a tarwad, tavazhi or illom, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the marumakkattayam or nambudri law.

Explanation: For the purposes of this sub-section, the interest of a Hindu in the property of a tarwad, tavazhi or illom shall be deemed to be the share in the property of the tarwad, tavazhi or illom, as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of tarwad, tavazhi or illom, as the case may be, then living, whether he or she was entitled to claim such partition or not under the marumakkattayam or nambudri law applicable to him or her, and such share shall be deemed to have been allotted to him or her absolutely.

(2) When a Hindu to whom the aliyasantana law would have applied if this Act had not been passed, dies after the commencement of this Act, having at the time of his or her death an undivided interest in the property of a kutumba or kavaru, as the case may be his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the aliyasantana law.

Explanation: For the purposes of this sub-section, the interest of a Hindu in the property of kutumba or kavaru shall be deemed to be the share in the property of the kutumba or kavaru as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the kutumba or kavaru, as the case may be, then living, whether he or she was entitled to claim such partition or not under the aliyasantana law, and such share shall be deemed to have been allotted to him or her absolutely.

(3) Notwithstanding anything contained in sub-section (1), when a sthanamdar dies after the commencement of this Act, the sthanam property held by him shall devolve upon the members of the family to which the sthanamdar belonged and the heirs of the sthanamdar as if the sthanam property had been divided per capita immediately before the death of the sthanamdar among himself and all the members of his family then living, and the shares falling to the members of his family and the heirs of the sthanamdar shall be held by them as their separate property.

Explanation: For the purposes of this sub-section, the family of a sthanamdar shall include every branch of that family, whether divided or undivided, the male members of which would have been entitled by any custom or usage to succeed to the position of sthanamdar if this Act had not been passed.

8. General rules of succession in the case of males.

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

9. Order of succession among heirs in the Schedule.

Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.

10. Distribution of property among heirs in Class I of the Schedule.

The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:

Rule 1: The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2: The surviving sons and daughters and the mother of the intestate shall each take one share.

Rule 3: The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4: The distribution of the share referred to in Rule 3—

(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

11. Distribution of property among heirs in class II of the Schedule.

The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they, share equally.

12. Order of succession among agnates and cognates.

The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder:—

Rule 1: Of two heirs, the one who has fewer or no degrees of ascent is preferred.

Rule 2: Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent.

Rule 3: Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2, they take simultaneously.

13. Computation of degrees.

(1) For the purposes of determining the order of succession among agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or both, as the case may be.

(2) Degrees of ascent and degrees of descent shall be computed inclusive of the intestate.

(3) Every generation constitutes a degree either ascending or descending.

14. Property of a female Hindu to be her absolute property.

(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

Explanation: In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.

(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

15. General rules of succession in the case of female Hindus.

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1)—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

16. Order of succession and manner of distribution among heirs of a female Hindu.

The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate’s property among those heirs shall take place according to the following rules, namely:—

Rule 1: Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously.

Rule 2: If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

Rule 3: The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.

17. Special provisions respecting persons governed by Marumakkattayam and Aliyasantana laws.

The provisions of sections 8, 10, 15 and 23 shall have effect in relation to persons who would have been governed by the marumakkattayam law or aliyasantana law if this Act had not been passed as if—

(i) for sub-clauses (c) and (d) of section 8, the following had been substituted, namely—

(c) thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or cognates;

(ii) for clauses (a) to (e) of sub-section (1) of section 15, the following had been substituted, namely—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the mother;
(b) secondly, upon the father and the husband;
(c) thirdly, upon the heirs of the mother;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the husband;

(iii) clause (a) of sub-section (2) of section 15 had been omitted;

(iv) section 23 had been omitted.

GENERAL PROVISIONS RELATING TO SUCCESSION

18. Full blood preferred to half blood.

Heirs related to an intestate by full blood shall be preferred to heirs related by half blood, if the nature of the relationship is the same in every other respect.

19. Mode of succession of two or more heirs.

If two or more heirs succeed together to the property of an intestate, they shall take the property—

(a) save as otherwise expressly provided in this Act, per capita and not per stripes; and
(b) as tenants-in-common and not as joint tenants.

20. Right of child in womb.

A child who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.

21. Presumption in cases of simultaneous deaths.

Where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other, then, for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.

22. Preferential right to acquire property in certain cases.

(1) Where, after the commencement of this Act, an interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others, devolves upon to two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred.

(2) The consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application.

(3) If there are two or more heirs specified in class I of the Schedule proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred.

Explanation: In this section, “court” means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on, and includes any other court which the State Government may, by notification in the Official Gazette, specify in this behalf.

23. Special provision respecting dwelling houses.

[Section 23 was omitted in 2005] [Omitted by the Hindu Succession (Amendment) Act, 2005 (39 of 2005), s. 4 (w.e.f. 9-9-2005).]

Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of the Schedule and his or her property includes a dwelling-house wholly occupied by members of his or her family, then, notwithstanding anything contained in this Act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide their respective shares therein; but the female heir shall be entitled to a right of residence therein:
Provided that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.

24. Certain widows re-marrying may not inherit as widows.

[Section 24 was omitted in 2005]

Any heir who is related to an intestate as the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother shall not be entitled to succeed to the property of the intestate as such widow, if on the date the succession opens, she has remarried.

25. Murderer disqualified.

A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder.

26. Convert’s descendants disqualified.

Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.

27. Succession when heir disqualified.

If any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.

28. Disease, defect, etc., not to disqualify.

No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Act, on any other ground whatsoever.

ESCHEAT

29. Failure of heirs.

If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the government; and the government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.

CHAPTER 3 – TESTAMENTARY SUCCESSION

30. Testamentary succession.

Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him or by her, in accordance with the provisions of the Indian Succession Act, 1925, or any other law for the time being in force and applicable to Hindus.

Explanation: The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru shall, notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this section.

CHAPTER 4 – REPEAL

31. Repeals.

[Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s.2 and the First Schedule (w.e.f. 26-12-1960)]

THE SCHEDULE

(Section 8)

Heirs in Class I and Class II

Class I:

• Son;
• daughter;
• widow;
• mother;
• son of a pre-deceased son;
• daughter of a pre-deceased son;
• son of a pre-deceased daughter;
• daughter of a pre-deceased daughter;
• widow of a pre-deceased son;
• son of a pre-deceased son of a pre-deceased son;
• daughter of a pre-deceased son of a pre-deceased son;
• widow of a pre-deceased son of a pre-deceased son;
• son of a pre-deceased daughter of a pre-deceased daughter;
• daughter of a pre-deceased daughter of a pre-deceased daughter;
• daughter of a pre-deceased son of a pre-deceased daughter;
• daughter of a pre-deceased daughter of a pre-deceased son.

Class II:

• I. Father.
• II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.
• III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.
• IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
• V. Father’s father; father’s mother.
• VI. Father’s widow; brother’s widow.
• VII. Father’s brother; father’s sister.
• VIII. Mother’s father; mother’s mother.
• IX. Mother’s brother; mother’s sister.

Explanation: In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.

Other Hindu Laws:

• Hindu Disposition of Property Act, 1916
• Hindu Adoptions and Maintenance Act, 1956
• Hindu Minority and Guardianship Act, 1956
• Hindu Marriage Act, 1955
• Procedure for the Succession of Property of Female Hindu

Hindu Succession Act, 1956 (Updated Bare Act)
WritingLaw

An Act to amend and codify certain parts of the law relating to minority and guardianship among Hindus.

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows.

1. Short title and extent.

(1) This Act may be called the Hindu Minority and Guardianship Act, 1956.

(2) It extends to the whole of India and applies to Hindus domiciled in the territories to which this Act extends who are outside the said territories. [The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).]

2. Act to be supplemental to Act 8 of 1890.

The provisions of this Act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of, the Guardians and Wards Act, 1890 (8 of 1890).

3. 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, Jain or Sikh by religion, and

(c) to any 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, Jains or Sikhs by religion, as the case may be—

(i) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion;

(ii) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain 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

(iii) any person who is convert or re-convert to the Hindu, Buddhist, Jain 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.

(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.

4. Definitions.

In this Act,—

(a) “minor” means a person who has not completed the age of eighteen years;

(b) “guardian” means a person having the care of the person of a minor or of his property or of both his person and property, and includes—

(i) a natural guardian,
(ii) a guardian appointed by the will of the minor’s father or mother,
(iii) a guardian appointed or declared by a court, and
(iv) a person empowered to act as such by or under any enactment relating to any court of wards;

(c) “natural guardian” means any of the guardians mentioned in section 6.

5. Over-riding 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.

6. Natural guardians of a Hindu minor.

The natural guardians of a Hindu minor; in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are—

(a) in the case of a boy or an unmarried girl — the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

(b) in the case of an illegitimate boy or an illegitimate unmarried girl — the mother, and after her, the father;

(c) in the case of a married girl — the husband;

Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—

(a) if he has ceased to be a Hindu, or
(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).

Explanation: In this section, the expressions “father” and “mother” do not include a step-father and a step-mother.

7. Natural guardianship of adopted son.

The natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother.

8. Powers of natural guardian.

(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant.

(2) The natural guardian shall not, without the previous permission of the court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or

(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.

(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor.

(5) The Guardians and Wards Act, 1890, shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular—

(a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof.

(b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and

(c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.

(6) In this section, “Court” means the city civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890, within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.

9. Testamentary guardians and their powers.

(1) A Hindu father entitled to act as the natural guardian of his minor legitimate children may, by will appoint a guardian for any of them in respect of the minor’s person or in respect of the minor’s property (other than the undivided interest referred to in section 12) or in respect of both.

(2) An appointment made under sub-section (1) shall have no effect if the father predeceases (dies before) the mother, but shall revive if the mother dies without appointing, by will, any person as guardian.

(3) A Hindu widow entitled to act as the natural guardian of her minor legitimate children, and a Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of the minor’s person or in respect of the minor’s property (other than the undivided interest referred to in section 12) or in respect of both.

(4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may; by will, appoint a guardian for any of them in respect of the minor’s person or in respect of the minor’s property or in respect of both.

(5) The guardian so appointed by will has the right to act as the minor’s guardian after the death of the minor’s father or mother, as the case may be, and to exercise all the rights of a natural guardian under this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will.

(6) The right of the guardian so appointed by will shall, where the minor is a girl, cease on her marriage.

10. Incapacity of minor to act as guardian of property.

A minor shall be incompetent to act as guardian of the property of any minor.

11. De facto guardian not to deal with minor’s property.

After the commencement of this Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor.

12. Guardian not to be appointed for minor’s undivided interest in joint family property.

Where a minor has an undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest:
Provided that nothing in this section shall be deemed to affect the jurisdiction of a High Court to appoint a guardian in respect of such interest.

13. Welfare of minor to be paramount consideration.

(1) In the appointment of declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.

(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.

Other Hindu Laws:

• Hindu Succession Act, 1956
• Hindu Disposition of Property Act, 1916
• Hindu Adoptions and Maintenance Act, 1956
• Hindu Marriage Act, 1955

Hindu Minority and Guardianship Act, 1956 (Updated Bare Act)
WritingLaw

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

Be it enacted by Parliament in the Seventh Year of the Republic of India as follows.

CHAPTER 1 – PRELIMINARY

1. Short title and extent.

(1) This Act may be called the Hindu Adoptions and Maintenance Act, 1956.

(2) It extends to the whole of India. [The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).]

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 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 is 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,

(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and mother or whose parentage is not known and who is either case is brought up as a Hindu, Buddhist, Jaina or Sikh, and

(c) any person who is a convert or reconvert 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.

(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 certain 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) “maintenance” includes—

(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment;
(ii) in the case of an unmarried daughter, also the reasonable expenses of and incident to her marriage;

(c) “minor” means a person who has not completed his or her age of eighteen years.

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 apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.

CHAPTER 2 – ADOPTION

5. Adoptions to be regulated by this Chapter.

(1) No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void.

(2) An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth.

6. Requisites of a valid adoption.

No adoption shall be valid unless—

(i) the person adopting has the capacity, and also the right, to take in adoption;

(ii) the person giving in adoption has the capacity to do so;

(iii) the person adopted is capable of being taken in adoption; and

(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.

COMMENTS
Requirements for a valid adoption
(i) Under section 6, the law does not recognise an adoption by a Hindu of any person other than a Hindu.
Kumar Sursen v. State of Bihar, AIR 2008

(ii) To prove valid adoption, it would be necessary to bring on records that there had been an actual giving and taking ceremony.
M. Gurudas v. Rasaranjan, AIR 2006 SC

(iii)  Law is well settled that adoption displaces the natural line of succession and therefore a person who seeks to displace the natural succession of the property alleging an adoption but must prove the factum of adoption and its validity by placing sufficient materials on record.
Suma Bewa v. Kunja Bihari Nayak, 1998

(iv) Section 6 does not bar a lunatic person from being adopted.
Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.

7. Capacity of a male Hindu to take in adoption.

Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption:
Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

Explanation: If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.

COMMENTS
(i) The consent of the wife envisaged in the proviso to section 7 should either be in writing or reflected by an affirmative/positive act voluntarily and willingly done by her.

If the adoption by a Hindu Male becomes subject matter of challenge before the court, the party supporting the adoption has to adduce evidence to prove that the same was done with the consent of his wife.

This can be done either by producing document evidencing her consent in writing or by leading evidence to show that the wife had actively participated in the ceremonies of adoption with an affirmative mindset to support the action of the husband to take a son or daughter in adoption.
Ghisalal v. Dhapubai, AIR 2011

(ii) During the subsistence of a marriage, a wife has no right to adopt, only to give consent in adoption if taken by her husband.
Malati Roy Chowdhury v. Sudhindranath Majumdar, AIR 2007

8. Capacity of a female Hindu to take in adoption.

Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption:
Provided that if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

COMMENTS
Capacity of the female Hindu to adopt
(i) A female Hindu who is of sound mind and has completed the age of 18 years can also take a son or daughter in adoption to herself and in her own right. A female Hindu who is unmarried or a widow or a divorcee can also adopt a son to herself in her own right, provided she has no Hindu daughter or son‘s daughter living at the time of adoption. However, if she is married, a female Hindu cannot adopt a son or a daughter during the lifetime of her husband unless the husband is of unsound mind or has renounced the world.
Ghisalal v. Dhapubai, AIR 2011

(ii) There is a conceptual and contextual difference between a divorced woman and one who is leading a life like a divorced woman. Both cannot be equated. The appellant, because of her physical deformity, lived separately from her husband and too for a long, very long period right from the date of marriage. But in the eyes of the law, they continued to be husband and wife because there was no dissolution of marriage or divorce in the eyes of the law. Son adopted by the appellant was declared invalid.
Brajendra Singh v. State of Madhya Pradesh, AIR 2008

(iii) Where there is no evidence to show that the female Hindu was seriously ill, mentally or physically, it has been held that she is in a position to shoot.
Devgonda Raygonda Patil v. Shamgonda Raygonda Patil; AIR 1992

9. Persons capable of giving in adoption.

(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption:
Provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

(3) Omitted in 2010

(4) Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.

(5) Before granting permission to a guardian under sub-section (4) the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction.

Explanation: For the purposes of this section—

(i) the expressions “father” and “mother” do not include an adoptive father and an adoptive mother,

(ia) “guardian” means a person having the care of the person of a child or of both his person and property and includes—

(a) a guardian appointed by will of the child’s father or mother; and
(b) a guardian appointed or declared by a court; and

(ii) “court” means the city or civil court or a district court within the local limits or whose jurisdiction the child to be adopted ordinarily resides.

10. Persons who may be adopted.

No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely—

(i) he or she is a Hindu;

(ii) he or she has not already been adopted;

(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;

(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.

COMMENTS
(i) Adoption of a boy more than 15 years of age and married is not illegal on account of non-compliance of section 10(iii) and 10(iv) of the act provided such customs or usages are prevalent in the community.
Hanmant Laxman Salunke v. Shrirang Narayan Kanse, 2006

(ii) The plaintiff, being married and above 30 years of age, could not prove any custom or usage being observed openly, continuously and uniformly, thereby gaining the force of law in his Digamber Jain community, which could validate his adoption.
Nemichand Shantilal Patni v. Basantabai, 1994

11. Other conditions for a valid adoption.

In every adoption, the following conditions must be complied with—

(i) if any adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption;

(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;

(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;

(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;

(v) the same child may not be adopted simultaneously by two or more persons;

(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption:
Provided that the performance of dattahomam shall not be essential to the validity of an adoption.

12. Effect of adoptions.

An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family:

Provided that—

(a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;

(b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth;

(c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.

13. Right of adoptive parents to dispose of their properties.

Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will.

14. Determination of adoptive mother in certain cases.

(1) Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother.

(2) Where an adoption has been made with the consent of more than one wife, the senior-most in marriage among them shall be deemed to be the adoptive mother and the others to be stepmothers.

(3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the stepmother of the adopted child.

(4) Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the stepfather of the adopted child.

15. Valid adoption not to be cancelled.

No adoption which had been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth.

16. Presumption as to registered documents relating to adoption.

Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.

17. Prohibition of certain payments.

(1) No person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward the receipt of which is prohibited by this section.

(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.

(3) No prosecution under this section shall be instituted without the previous sanction of the State Government or an officer authorized by the State Government in this behalf.

COMMENTS
Prohibition of payment or reward in consideration of adoption: Section 17 of the Act has been enacted by the legislature with a view to prevent the trafficking of children. Where a major had agreed, after receiving considerable properties from the family into which he was to be taken in adoption, not to set up any claims with regard to certain items of the property belonging to the adopting family, the defendant could not be said to be a recipient of any payment or reward in consideration of adoption, of the plaintiff thereby not attracting section 17 of the Act.
Jupudi Venkata Vijaya Bhaskar v. Jupudi Kesava Rao, AIR 1994

CHAPTER 3 – MAINTENANCE

18. Maintenance of wife.

(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,—

(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her;

(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;

(c) if he is suffering from a virulent form of leprosy; (Omitted by Personal Laws (Amendment) Act, 2019. Here is the Official Original PDF.)

(d) if he has any other wife living;

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere;

(f) if he has ceased to be a Hindu by conversion to another religion;

(g) if there is any other cause justifying her living separately.

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

COMMENTS
Interim maintenance: The right to claim interim maintenance in a suit is a substantive right under section 18 of the Act. Since no form is prescribed to enforce the said right civil court, in exercise of its inherent power, can grant interim maintenance.
Purusottam  Mahakud v. Smt Annapurna Mahakud, AIR 1997 Ori 73

Maintenance pendente lite: After considering the status of the husband, the wife should be awarded maintenance pendente lite, even though there is no separate provision in the Act for the grant of maintenance pendente lite. The obligation to maintain the wife remains on the husband even though the wife might be living separately.

The suit under section 18 of the Act may take decades to decide; the wife, in the first instance, be forced to face starvation and then subsequently is granted maintenance from the date of filing of the suit. Such a view will be against the very intent and spirit of section 18 of the Act. It is settled law that a court empowered to grant a substantive relief is competent to award it on an interim basis as well, even though there is no express provision in the statute to grant it.
Neelam Malhotra v. Rajinder Malhotra, AIR 1994

Maintenance to wife/widow: The widow has no charge on the separate property of the husband. Neither section 18 relating to maintenance of wife nor section 21 dealing with widow provides for any charge for maintenance on the separate property of the husband.
Sadhu Singh v. Gurdwara Sahib Narike, AIR 2006

Separate residence and maintenance: (i) The wife had been living alone, and all the children had been brought up by her without any assistance or help from the husband, and there was a clear case of desertion. The wife was entitled to separate residence and maintenance.
Meera Nireshwalia v. Sukumar Nireshwalia, AIR 1994

(ii) The thoughtless action of the husband in evicting the wife from the house where she had been living in collusion with the purchasers of the house and the police inflicted a deep wound on her, amounting to cruelty; the wife was entitled to live separately and claim maintenance.
Meera Nireshwalia v. Sukumar Nireshwalia, AIR 1994

(iii) The claim for maintenance by a wife can also be sustained under clause (g) even on a ground covered by one or other clauses, i.e clause (a) to (f) of section 18(2), substantially but not fully. Merely because the wife fails to strictly prove the specific grounds urged by her, she cannot be denied relief.
Meera Nireshwalia v. Sukumar Nireshwalia, AIR 1994

19. Maintenance of widowed daughter-in-law.

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law:
Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance—

(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.

(2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law.

COMMENTS
Liability of the father-in-law comes to an end when the widow is remarried or she has obtained a share in the coparcenary properties through partition. But her right to share in the separate property of her husband or in his interest in coparcenary property cannot be divested.
Animuthu v. Gandhimmal 1977 HLR 628.

20. Maintenance of children and aged parents.

(1) Subject to the provisions of this section, a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.

(3) The obligation of a person to maintain his or her aged or infirm parent or daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.

Explanation: In this section, “parent” includes a childless stepmother.

21. Dependents defined.

For the purposes of this Chapter, “dependents” mean the following relatives of the deceased—

(i) his or her father;

(ii) his or her mother;

(iii) his widow, so long as she does not remarry;

(iv) his or her son or the son of his predeceased son or the son of a predeceased son of his predeceased son, so long as he is a minor; provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father’s or mother’s estate, and in the case of a great-grandson, from the estate of his father or mother or father’s father or father’s mother;

(v) his or her unmarried daughter for the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried;
provided and to the extent that she is unable to obtain maintenance, in the case of a granddaughter from her father’s or mother’s estate and in the case of a great-granddaughter from the estate of her father or mother or father’s father or father’s mother;

(vi) his widowed daughter: provided and to the extent that she is unable to obtain maintenance—

(a) from the estate of her husband; or
(b) from her son or daughter, if any, or his or her estate; or
(c) from her father-in-law or his father or the estate of either of them;

(vii) any widow of his son or of a son of his predeceased son, so long as she does not remarry; provided and to the extent that she is unable to obtain maintenance from her husband’s estate, or from her son or daughter, if any, or his or her estate; or in the case of a grandson’s widow, also from her father-in-law’s estate;

(viii) his or her minor illegitimate son, so long as he remains a minor;

(xi) his or her illegitimate daughter, so long as she remains unmarried.

22. Maintenance of dependents.

(1) Subject to the provisions of sub-section (2), the heirs of a deceased Hindu are bound to maintain the dependents of the deceased out of the estate inherited by them from the deceased.

(2) Where a dependent has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependent shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.

(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.

(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependent shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part, the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act.

23. Amount of maintenance.

(1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so, the court shall have due regard to the consideration set out in sub-section (2) or sub-section (3), as the case maybe, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to—

(a) the position and status of the parties;
(b) the reasonable wants of the claimant;
(c) if the claimant is living separately, whether the claimant is justified in doing so;
(d) the value of the claimant’s property and any income derived from such property, or from the claimant’s own earnings or from any other source;
(e) the number of persons entitled to maintenance under this Act.

(3) In determining the amount of maintenance, if any, to be awarded to a dependent under this Act, regard shall be had to—

(a) the net value of the estate of the deceased after providing for the payment of his debts;
(b) the provision, if any, made under a will of the deceased in respect of the dependent;
(c) the degree of relationship between the two;
(d) the reasonable wants of the dependent;
(e) the past relations between the dependent and the deceased;
(f) the value of the property of the dependent and any income derived from such property, or from his or her earnings or from any other source;
(g) the number of dependents entitled to maintenance under this Act.

COMMENTS
Quantum of Maintenance: The amount payable by way of maintenance depends on the facts of each case, and as such, no exception could be taken to the amount fixed by the trial court, as well as the date from which the maintenance could be claimed.
Vasantha v. Chandren, AIR 2002

24. Claimant to maintenance should be a Hindu.

No person shall be entitled to claim maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion.

25. Amount of maintenance may be altered on change of circumstances.

The amount of maintenance, whether fixed by a decree of court or by agreement either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.

26. Debts to have priority.

Subject to the provisions contained in Section 27, debts of every description contracted or payable by the deceased shall have priority over the claims of his dependents for maintenance under this Act.

27. Maintenance when to be a charge.

A dependent’s claim for maintenance under this Act shall not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the will of the deceased, by a decree of court, by agreement between the dependent and the owner of the estate or portion, or otherwise.

28. Effect of transfer of property on right or maintenance.

Where a dependent has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right or if the transfer is gratuitous; but not against the transferee for consideration and without notice of the right.

CHAPTER 4 – REPEALS AND SAVINGS

29. Repeals.

[Repealed by Act 58 of 1960]

30. Savings.

Nothing contained in this Act shall affect any adoption made before the commencement of this Act, and the validity and effect of any such adoption shall be determined as if this Act had not been passed.

Other Hindu Laws:

• Hindu Succession Act, 1956
• Hindu Disposition of Property Act, 1916
• Hindu Minority and Guardianship Act, 1956
• Hindu Marriage Act, 1955

Hindu Adoptions and Maintenance Act, 1956 (Updated Bare Act)
WritingLaw

An act to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition.

WHEREAS it is expedient to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition; it is hereby enacted as follows.

1. Short title and extent.

(1) This Act may be called the Hindu Disposition of Property Act, 1916.

(2) It extends to the whole of India. [The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, section 95 and the Fifth Schedule (w.e.f. 31-10-2019).]

2. Dispositions for the benefit of persons not in existence.

Subject to the limitations and provisions specified in this Act, no disposition of property by a Hindu, whether by transfer inter vivos or by will, shall be invalid by reason only that any person for whose benefit it may have been made was not in existence at the date of such disposition.

3. Limitations and conditions.

The limitations and provisions referred to in section 2 shall be the following, namely—

(a) in respect of dispositions by transfer inter vivos, those contained in Chapter II of the Transfer of Property Act, 1882, and

(b) in respect of dispositions by will, those contained in sections 113, 114, 115 and 116 of the Indian Succession Act, 1925.

4. Failure of prior disposition.

Repealed by the Transfer of Property (Amendment) (Supplementary) Act, 1929 (21 of 1929), section 12.

5. Application of this Act to the Khoja community.

Where the State Government is of opinion that the Khoja community in the State or any part thereof desire that the provisions of this Act should be extended to such community, it may by notification in the Official Gazette, declare that the provisions of this Act, with the substitution of the word “Khojas” or “Khoja” as the case may be, for the word “Hindus” or “Hindu” wherever those words occur, shall apply to that community in such area as may be specified in the notification, and this Act shall thereupon have effect accordingly.

Other Hindu Laws:

• Hindu Succession Act, 1956
• Hindu Adoptions and Maintenance Act, 1956
• Hindu Minority and Guardianship Act, 1956
• Hindu Marriage Act, 1955

Hindu Disposition of Property Act, 1916
WritingLaw

The provisions related to guardianship for Hindus are given under the Hindu Minority and Guardianship Act, 1956. This Act provides as to who shall be the guardian, the role of a guardian, and so on.

Who Is a Natural Guardian?

Section 6 of the Hindu Minority and Guardianship Act talks about the natural guardian.

1. The father is the natural guardian of a boy and an unmarried girl. After him, the mother becomes the natural guardian of the child.

2. The custody of the child who is five years old or has not completed the age of five shall be with the mother.

3. The mother is a natural guardian of the child who is illegitimate, whether a boy or an unmarried girl.

4. The husband is considered to be the natural guardian of a married girl.

5. If the child is an adopted son, then the natural guardian is the adoptive father and, after him, the adoptive mother.

6. Neither the father nor the mother shall be considered to be the natural guardian of the child if,
a) he or she is no more a Hindu, or
b) he or she has renounced the world and has become an ascetic or sanyasi.
Note: In the above provision, the words father and mother do not include a stepfather and a stepmother.

Powers of Natural Guardian

1. The guardian may act and do everything which is necessary for the benefit and in the interest of the minor.

2. The guardian cannot mortgage, charge, gift, sell, or exchange the immovable property of the minor. He can do so only with the permission of the court.

3. The guardian, if required, can lease any part of the property for a period of five years but not beyond that. If the lease to be made exceeds five years, then the permission of the court is required.

4. If the guardian does not follow the rule and disposes of the immovable property, then it shall be voidable at the option of the minor or any other person claiming on behalf of the minor.

5. The court shall allow the guardian to transfer or lease the property only when it finds it necessary to do so in the interest or advantage of the minor.

Testamentary Guardian and Its Powers

Section 9 of the Hindu Minority and Guardianship Act talks about the testamentary guardian. The guardian who is appointed by will or a testament of a person is known as a testamentary guardian.

1. The father is the natural guardian of legitimate minor children. He may appoint any person as the guardian for them or of their property or for both, by making a will.

2. The will made by the father shall not operate if the mother of the child is alive. Section 6 clearly says that firstly the father and after him, the mother. The will shall be revived if the mother does not make any other will in concern for their children during her lifetime.

3. The mother of illegitimate children is considered to be the natural guardian of them and not the father. She can appoint any person as their guardian by making a will.

4. After the death of the father or mother, whatever the case may be, the person appointed as the guardian shall act as the natural guardian of the children. And he shall have all the rights of a natural guardian subject to restrictions mentioned in the act or the will, if any.

5. The right of the guardian appointed by the will shall cease after the marriage of a girl.

Duraiswamy vs Balasubramanian (1977): The child’s testamentary guardian cannot sell or transfer any part of the immovable property of a minor without seeking permission from the court.

De Facto Guardian

Section 11 of the Hindu Minority and Guardianship Act talks about the de facto guardian of the minor. He is the person who, by reason of the fact, becomes the guardian of a child. After the death of natural guardians, any person who takes care of the child’s well-being and necessities becomes the de facto guardian.

He may be any person like the uncle or aunt of the child or elder brother or elder sister or anybody who provides necessities to the minor child. The de facto guardian, like the natural guardian, cannot dispose of or alienate the property of a minor child until and unless it is necessary or in the interest of the child. The permission of the court is still required.

Custody of Minor

The provisions of guardianship are laid down for the welfare of the child. The court’s decision in appointment of a guardian or giving the guardian any permission shall be in regard to the welfare of the child.

The court shall not allow any person to be the child’s guardian if it believes he is not suitable or appropriate for the child. The child’s welfare and well-being are of utmost importance to the court, and cannot be negotiated in any situation.

Sheoli Hati vs Somnath Das, 2019 SC

The Supreme Court said that if the question relates to the custody of the child, then the paramount consideration shall be given to the welfare of the child. The rules in the act cannot be construed strictly and against the interest of the child. The welfare of the child can supersede the provisions of the act if required.

For example, the custody of a child cannot be given to a mother with the assumption that no one can take care of the child as a mother can. If she has a habit of drinking daily, then she can’t be given custody of a minor child.

Vivek Singh vs Romani Singh, 2017 SC

The object of the court’s welfare principle is not a test that negates every provision of the act so easily; rather, it is a positive test that determines the welfare of the child above all rules. The court believes that the child’s welfare is of paramount consideration, and it cannot be weighed under tight-packed provisions.

Before announcing to give the custody of the child to the parent, the court must be satisfied with the facts as to what the child desires or wishes and who can give a friendly and cooperative environment to the child for a good upbringing. It is the right of a child under Article 21 of the Constitution to develop his personality and intelligence. And it is possible only in a favourable environment.

Read Next:

• Guardianship Under Muslim Law
• Legal Protections for the Welfare of Adopted Children
• Bholaram vs Smt. Parwati Sahu – Case Explained in Easy Words

Guardianship Under Hindu Law in India
WritingLaw

The provisions to regulate adoption in Hindu Law are governed through the Hindu Adoption and Maintenance Act of 1956. This Act applies to every person who is Hindu (by religion, by birth, or by conversion), or who is Buddhist, Jain, or Sikh by religion.

The Object of Adoption in Hindu Law

There are two objects as to why adoption is done:

1. To secure one’s funeral rights. Under Hindu Law, it is the son who performs the last rites of a person.

2. To preserve one’s lineage and carry forward the family usages.

Essentials of a Valid Adoption in Hindu Law

The adoption shall be considered valid only if the following essentials gets fulfilled:

1. The person who wants to adopt must be capable of adopting.

2. The person who is giving a child in adoption must be capable of giving.

3. The person who is being adopted in adoption must be capable of being taken into adoption.

Capacity of Male Hindu to Take in Adoption

1. Any male who is Hindu can adopt a son or daughter if he is of sound mind and a major.

2. At the time of adoption, if the Male Hindu is married, and the wife is alive, then the consent of the wife is necessary for adoption.

If the wife has renounced the world, is no longer a Hindu, or has become of an unsound mind, then the consent of the wife is not required.

3. If there is more than one wife, then the Male Hindu has to take the consent of all wives.

Capacity of Female Hindu to Take in Adoption

1. Any female Hindu can adopt a son or daughter if she is major and of sound mind.

2. At the time of adoption, if the female Hindu is married and her husband is alive, she has to take his consent for adoption.

If the husband has renounced the world, is no longer a Hindu, or has become of an unsound mind, then consent is not required.

Who Are Capable of Giving in Adoption?

1. Only the father or mother or the guardian of a child can give the child in adoption.

2. Both parents have equal rights to give their child for adoption. But if either of the parents renounces the world, is no more a Hindu, or becomes of unsound mind, then the consent of that parent is not required.

3. If both the parents are dead or have renounced the world or have abandoned the child, or are declared of unsound mind by the court, then with the permission of the court, the guardian can give the child in adoption.

4. Before granting permission to the guardian to give a child for adoption, the court must be satisfied that the adoption is for the well-being of the child and his/her welfare.

Who May Be Adopted According to Hindu Law?

1. The person to be adopted must be Hindu.

2. The person should not have been adopted earlier by another family or parent.

3. The person to be adopted should not be married unless there is any old custom that allows parties to take such a person in adoption.

4. The person to be adopted must not be above 15 years of age unless any custom allows parties to take in the adoption of a child above the age of 15.

Other Conditions for Valid Adoption in Hindu Law

1. If the child to be taken into adoption is a son, then the adoptive parents must not have their own son, grandson, or great-grandson living (whether by blood or adoption).

2. If the child to be taken into adoption is a daughter, then the adoptive parents must not have their own daughter or granddaughter living (by blood or adoption) at the time of adoption.

3. If a male Hindu is adopting a female child, then there should be an age gap of at least 21 years between them.

4. If a female Hindu is adopting a male child, then there should be an age gap of 21 years between them.

5. Two different persons cannot adopt the same child at the same time.

6. The adoption is made to give a child a family where he or she can grow up in a safe environment. The parents taking the child in adoption must actually take the child with them for his caretaking. After adoption, the family of the adoptive child changes.

Effects of Adoption Per Hindu Law

1. Once an adoption, always an adoption. The adoption shall be deemed to take effect from the date of making the adoption. After that, the rights of the child change from the existing family to the adopting family.

2. But the adoptive child cannot marry any such person with whom he could not marry if he would have been living in his previous family.

3. If any property vests in the adoptive child, it shall remain with him irrespective of the fact that he is no longer a part of the previous family.

4. The adopted child shall not affect the rights of any person in an estate that is vested in him before adoption.

Read Next: Legal Protections for the Welfare of Adopted Children

All Rules for Adoption in Hindus Under Hindu Laws
WritingLaw

Chapter XX of the Indian Penal Code, 1860, deals with offences related to marriage. Section 494 of this chapter addresses the offence of a spouse marrying again during the existence of the first marriage. This offence is called an offence of bigamy under IPC. The scope of this section is wide enough to include both males and females within its ambit.

Section 494 of IPC states:

• whoever has a husband or wife living,
• marries again, and the second marriage is void because it is taking place during the life of such husband or wife,
• such person shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to a fine.

However, in the case of hidden former marriages, the perpetrator may be punished with imprisonment of either description for a term of up to ten years and fined. (Section 495 of IPC)

This law note deals with the offence of bigamy, its essentials, and the current judgements of the Supreme Court of India.

Essential Ingredients for the Offence of Bigamy

These are the three essentials for the offence of bigamy:

Let us read about them in detail below.

1. Existence of a Previous Marriage

The first marriage must still exist at the time of the second marriage, and it must be valid. The second marriage does not constitute bigamy if the first marriage is not valid. At the time of the second marriage, the first spouse should still be alive.

However, section 494 of IPC does not attract when:

1. Marrying after the first marriage has been declared void by a court of law; or
2. The former has been continuously absent for seven years, and there has been no communication with the other party; or
3. A divorce has taken place between husband and wife according to the provision of law.

2. Second Marriage to Be a Valid One

The first marriage, as well as the second marriage, must be valid to qualify for the provision of section 494. The parties to the marriage must have performed all the necessary ceremonies required by their laws.

In Bhaurao Shankar Lokhande & Anr vs State Of Maharashtra & Anr (1965), the Supreme Court held that to constitute the offence of bigamy, not only the first marriage but also the second marriage should be a valid one. Further, the court said that marriage must be celebrated with proper ceremonies and in due form.

3. Second Marriage to Be Void Because of First Husband or Wife Is Still Living

To constitute bigamy, the second marriage must be declared void since it occurs during the lifetime of the first wife or husband. It does not apply to cases where the parties’ customs or personal laws permit a second marriage.

For example:

• Section 17 of the Hindu Marriage Act makes a second marriage void. Thus because of section 17 of the Hindu Marriage Act, section 494 of IPC is made applicable to Hindus.
• In Muslim personal law, the second marriage of a Muslim male is not void; thus, section 494 of IPC does not apply to Muslim marriages.

Read: Muta Marriage Under Islam – A Marriage Only for Pleasure

Bigamy: Effect of Conversion to Other Religions – What Happens When a Hindu Converts to Islam for Second Marriage

Conversion means converting oneself from one religion to another. After the enactment of the Hindu Marriage Act, it was shown that many Hindu husbands converted to Islam and married again as per Muslim personal law to exonerate themselves from the criminal liability of bigamy, as the offence of bigamy does not apply to a Muslim marriage. The matter came before the Supreme Court for the first time in the case of Sarla Mudgal vs Union of India (1995).

Sarla Mudgal vs Union of India (1995)

The questions before the Supreme Court were:

1. Can Hindus who have married under the law of Hinduism be married again under the law of Islam?
2. What will be the authenticity of such a marriage?
3. Does the converted husband commit the offence under section 494 of the IPC?

The Supreme Court answered:

1. A marriage celebrated under Hindu law cannot automatically be dissolved by converting to another religion. Where a marriage takes place under Hindu law, the parties acquire certain rights by the marriage itself. Such as the wife’s right to be maintained by the husband, having an equal share in the husband’s property, etc. These rights will not be dissolved just because the husband converted to another religion. If he wants to end his liability, he has to divorce his wife as per Hindu law.
2. On the question of the validity of such marriage, the court said, in the case of a Hindu husband who marries a second time after converting to Islam, the marriage is void because it occurs during the lifetime of his first wife.
3. In this situation, parties who have been married under the Hindu Marriage Act continue to be married according to Hindu law even if their husband embraces Islam to seek another wife.
4. As for the applicability of section 494 IPC, the court ruled that the second marriage is void since it takes place during the lifetime of the first wife, making the accused liable for bigamy.

Lily Thomas vs Union of India (2000)

The petitioner challenged the decision of Sarla Mudgal. According to him, the decision violated the right to life and liberty, as well as rights to freedom of religion protected by Articles 20, 21, 25 and 26 of the Constitution.

The Supreme Court affirmed its decision on Sarla Mudgal and held that the second marriage solemnised by a Hindu during the subsistence of the first marriage is an offence punishable under penal law.

The Constitution guarantees that every individual has not only the right to believe in the religion of his choice but also the right to express his beliefs and ideas in a manner that does not infringe on someone else’s religious freedom and personal rights. According to the court, when a Hindu husband contracted a second marriage after converting, he was not doing so out of conscience but to achieve his ulterior motives. According to Article 25 of the Constitution, these rights are guaranteed without encroaching on similar rights of others.

The court further said it is not possible for the husband or wife to end the marital bonds already established as a result of a valid Hindu marriage by converting to another religion. Therefore, during the lifetime of the first marriage, another marriage cannot be performed, even under any other personal law. And if such a marriage were to take place, the person would be subject to prosecution under section 494 of IPC.

Read Next:
1. Why Marital Rape Should Be Criminalised and Why It Shouldn’t
2. Legality of Child Marriage Under Indian Laws
3. Adultery in India – Meaning, Punishment and Recent Decision
4. What to Do if Wife Forces You to Separate From Your Parents?

What Is Bigamy Under Indian Laws and What Happens When a Hindu Converts to Islam for Second Marriage?
Ritesh Kumar

Marriage is similar to an investment where two people invest time, energy and money. When a marriage breaks, the person suffers not only mental trauma but also financial difficulties. Alimony refers to the maintenance or financial support provided by the spouse after divorce. It is given so that the spouse who has no means to carry out basic activities is provided with financial aid.

Eligibility to Get Alimony

The wife or the husband is eligible to get the alimony in accordance with their circumstances. The court will analyse and recognise their individual capacity. If a wife is not earning, the court will consider her educational qualification and ability to earn. The court will then decide her alimony. If the husband is not able to earn or is disabled and the wife is earning, the court will consider giving alimony to the husband.

As per section 25 of the Hindu Marriage Act, alimony of permanent nature is provided by the court to the wife or even the husband. If there is a considerable difference in the wife’s earnings compared to that of her husband and he is earning more, she is provided with the alimony so that she can maintain the same standard of living.

Further, section 125 of the Code of Criminal Procedure provides for the maintenance of wives, children and parents.

Related: Maintenance Under the Criminal Procedure Code

Calculation of Alimony

Alimony is paid either monthly, yearly or as a one-time payment. There is no hard and fast rule followed in calculating the alimony. Usually, it is ⅓ or ⅕ of the husband’s income. The court considers several factors such as standard of living, the conduct of both the parties, financial status and so on when it comes to fixing the alimony.

Thus the law relating to alimony helps the person who is financially not sound to face a difficult situation like this in a better way.

Read Next:
1. Law for Maintenance of Parents, Wife, and Children in India
2. List of Important Sections of Hindu Law

What Is the Law Related to Alimony in India?
Sidhida Varma S

In this post, you’ll study the two main schools under Hindu Law: Mitakshara School and Dayabhaga School. Later, you’ll also briefly know about the four sub-schools: Benaras School, Mithila School, Bombay School and Madras School.

1. What Is Mitakshara School Under Hindu Law?

Mitakshara is the school of Hindu Law that owes its name to the Vijnaneshwara Commentary. It prevails over the whole of India except Bengal and Assam. Also, it prevails in Bengal and Assam on all those matters on which the Dayabhaga School of Law is silent.

Mitakshara, in terms of the law of succession, is based on the principle of propinquity, which is the nearest blood relation. It excludes females from inheritance and is based on agnates over cognates.

• Propinquity means the state of being close to someone or something; proximity; close kinship; affiliation.
• Agnate means a person descended from the same male ancestor.
• Cognate means a blood relative, especially on the mother’s side.
• Related: Important Words, Terms and Phrases of Hindu Law

As per the Mitakshara School, sons have a right by birth in the joint Hindu family property, and the interest of each coparcener is fluctuating, as death may augment it and birth may diminish it. Also, neither the father nor any other coparcener has a right to alienate joint family property.

Related Law Note: Male and Female Succession under Hindu Succession Act, 1956

2. What Is Dayabhaga School Under Hindu Law?

Another main school of Hindu Law is the Dayabhaga School, which owes its name to the Jimutavahana digest. It prevails in Bengal and Assam and deals only with partition and inheritance.

Dayabhaga School is based on principles of religious efficacy of spiritual benefit and does not lead to agnates over cognates. Under this school of Law, no such birthright in terms of succession is given to the son.

Also, there is a specified and ascertained share in the joint family property, and interest does not fluctuate on birth or death. The coparcener has full right to alienate his undivided share in a joint family property, unlike the Mitakshara School of Law.

Sub-Schools of Hindu Law

Basically, these are the schools under the subcategory of main schools and were followed in small regions. There are four such sub-schools under Hindu Law. These are:

1. Benares School

This school extends to the whole of north India except rural Punjab, and the main authorities are Virmitrodaya and Nirnaya Sindhu.

2. Mithila School

This school extends to Tirhut and certain districts of northern Bihar.

3. Bombay School

This school extends to western India, including the whole presidency of Bombay as well as Berar.

4. Madras School

This school extends to southern India, including the presidency of old Madras.

Under the Hindu Succession Act, 1956, one uniform law of inheritance belongs to all Hindus, irrespective of whatever schools or sub-schools they may belong to.

Read Next:
1. What Is the Procedure of Registration of Hindu Marriages in India?
2. List of Important Sections of Hindu Law
3. What Is Criminology and Four Important Schools of Criminology?

What Are the Two Main Schools and Four Sub-Schools Under Hindu Law?
Ankita Trivedi