Last reviewed: 27 September 2026. Laws and procedures change; check current rules before acting.
The Hindu Marriage Act, 1955 governs marriages between Hindus, which for this Act includes Sikhs, Jains and Buddhists. Here are the sections people ask about most.
Who the Act applies to (section 2)
Hindus by religion in any form, Buddhists, Jains and Sikhs, and anyone who is not a Muslim, Christian, Parsi or Jew unless shown to be governed by another law. That is why a Hindu–Sikh marriage falls under this Act. See Hindu–Sikh marriage.
Conditions of a valid marriage (section 5)
- Neither party has a living spouse.
- Both can give valid consent.
- The bridegroom is at least 21 and the bride at least 18.
- They are not within prohibited degrees or sapindas of each other, unless custom permits.
Ceremonies (section 7)
A Hindu marriage is solemnised according to the customary rites of either party. Where saptapadi is part of those rites, the marriage becomes complete when the seventh step is taken.
Registration (section 8)
The Act allows states to make rules for registering Hindu marriages. In Delhi, registration of all marriages is compulsory under the Delhi (Compulsory Registration of Marriage) Order, 2014. Registration is proof of marriage; it does not replace the ceremony. See Hindu marriage registration.
Void and voidable marriages (sections 11 and 12)
| Void (no marriage at all) | Voidable (valid until annulled) |
|---|---|
| Either party had a living spouse | Marriage not consummated owing to impotence |
| Parties within prohibited degrees, without enabling custom | Consent obtained by force or fraud |
| Parties are sapindas, without enabling custom | Unsoundness of mind as described in the Act; bride pregnant by another person at the time of marriage |
Section 16 protects children: children of void or voidable marriages are treated as legitimate. See annulment.
Remedies within marriage
- Restitution of conjugal rights (section 9).
- Judicial separation (section 10).
- Divorce on grounds (section 13) or by mutual consent (section 13B).
Section 14 generally bars a divorce petition within one year of marriage, except in cases of exceptional hardship or depravity.
Money and children
- Section 24: interim maintenance and litigation expenses during the case.
- Section 25: permanent alimony.
- Section 26: custody, maintenance and education of children.
Where cases are filed (section 19)
Where the marriage was solemnised, where the respondent lives, where the parties last lived together, or where the wife lives if she is the petitioner.
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Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.