Hindu Marriage Act Guide
Explore the Act's marriage and matrimonial provisions. Applicability and outcomes depend on the law and facts relevant to your situation.
हिंदू विवाह अधिनियम, 1955
The primary marriage and divorce law for Hindus, Buddhists, Jains and Sikhs
Overview: Hindu Marriage Act
The Hindu Marriage Act governs marriage, restitution of conjugal rights, judicial separation, divorce, maintenance, and custody among Hindus. It applies to Hindus, Buddhists, Jains and Sikhs across India. Petitions under the Act are presented before the District Court having jurisdiction under Section 19; where a Family Court has been established, matrimonial jurisdiction may be exercised by the Family Court, subject to applicable law.
This is a plain-English guide, not the statutory text. Check provisions against official legal sources, read our editorial policy, or research related judgments.
Prepare your records and choose the next resource
Useful records to organise for Hindu Marriage Act. These prompts are not a mandatory filing checklist.
- Marriage records, applicable marriage law and relevant places of residence.
- A chronology of separation, earlier proceedings and any orders.
- Financial or child-related records relevant to the question; minimise unnecessary sensitive details.
Key provisions of Hindu Marriage Act
Section 5 — Conditions of a valid marriage
Neither party has a living spouse, both consent, minimum age 21 (male) / 18 (female), not within prohibited relationships.
Section 9 — Restitution of conjugal rights
Remedy when a spouse withdraws from the society of the other without reasonable cause.
Section 13 — Divorce
Grounds include adultery, cruelty, desertion for 2+ years, conversion, mental disorder, communicable disease, and renunciation.
Section 13B — Divorce by mutual consent
Couples living separately for 1+ year can seek mutual divorce; second motion after 6-18 month cooling-off period.
Section 24 & 25 — Maintenance and permanent alimony
Interim maintenance during proceedings and permanent alimony after decree, based on income, conduct and needs.
Section 26 — Custody of minor children
Court decides custody, education and maintenance of children in the child's best interest.
Divorce by mutual consent — how it works
Both spouses jointly file a petition under Section 13B stating they've lived apart for at least a year and cannot live together. First motion is recorded; after a cooling-off period of 6-18 months (waivable by the Supreme Court in Amardeep Singh v. Harveen Kaur, 2017), the second motion is filed and the divorce decree is granted.
Which court hears Hindu Marriage Act matters
The Hindu Marriage Act governs matrimonial matters including restitution of conjugal rights, judicial separation, divorce and related reliefs. Petitions under the Act are presented before the District Court having jurisdiction under Section 19. In areas where a Family Court has been established, matrimonial jurisdiction may be exercised by the Family Court, subject to applicable law.
Maintenance and alimony
Interim maintenance under Section 24 covers monthly support and litigation expenses. Permanent alimony under Section 25 can be a lump sum or monthly payment, and considers income, property, conduct, and standard of living. Maintenance may also be claimed under Section 144 BNSS (formerly Section 125 CrPC; the CrPC continues to govern proceedings pending before 1 July 2024).
Who typically needs this
- Couples considering divorce or separation
- Spouses seeking maintenance, custody, or property rights
- Advocates handling matrimonial matters
- Anyone getting married and wanting to understand legal implications
Frequently asked questions
Which court hears a Hindu Marriage Act petition?
Petitions under the Hindu Marriage Act are presented before the District Court having jurisdiction under Section 19. Where a Family Court has been established, matrimonial jurisdiction may be exercised by the Family Court, subject to applicable law. Please verify the correct forum locally before filing.
What is the minimum period of separation before mutual divorce?
Under Section 13B, the couple must have been living separately for at least 1 year before filing a mutual consent divorce petition.
Can the 6-month cooling-off period be waived?
Yes. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that the 6-month period under Section 13B(2) is directory, not mandatory, and can be waived if the marriage is beyond repair and all differences are resolved.
Is a wife entitled to maintenance if she earns?
Maintenance depends on comparative income, standard of living, and needs — an earning wife may still get maintenance if her income is significantly lower than the husband's, per Rajnesh v. Neha (2020) guidelines.
Related laws
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