Hindu Marriage Act, 1955

Full Blood

Both Father & Mother are Same

Half Blood

Father is same but Mothers are different

Uterine Blood

Father’s are different but Mother is same

Sapinda Relationship ( Mother’s side )

Upto 3 generation ( you can’t marry )

Sapinda Relationship ( Father’s side )

Upto 5 generations ( you can’t marry )

Conditions of a Valid Hindu Marriage

1. Neither party has a living spouse

2. Sound Mind (mental capacity to consent)

3. Minimum age: Groom-12 years, Bride-18 years

4. Not within sapinda relationship

Ceremonies of Marriage

Marriage to be solemnized according to customary rites & ceremonies of either party

(Saptapadi [7 phere] is necessary)

Restitution of Conjugal Rights ( Sec 9 )

If either spouse withdraws without reasonable cause, other spouse may seek restitution.

Judicial Separation (Sec 10)

Either spouse can seek judicial separation on grounds similar to divorce.

(It does not mean that they have been divorce or they can marry another person.)

Void Marriages

Bigamy, prohibited relationship, sapinda relationship

Voidable Marriages

Fraud, force, impotence, unsoundness of mind

Divorce (Sec 13)

Grounds:

1. Adultery

2. Cruelty

3. Desertion

4. Conversion to another religion

5. Unsound mind

6. Venereal disease

7. Renunciation of the world

8. Not heard alive for 7 years

Divorce (extra grounds for wife)

• Husband guilty of rape, sodomy, or bestiality

• Husband had another wife alive at time of marriage.

Divorce by Mutual Consent (Sec 13B)

• Husband & Wife living separately for 1 year or more.

• Both agree marriage has broken down.

Legitimacy of children (Sec 16)

Children from void or voidable marriages are legitimate.