Skip to main content
Legal Query India

Main navigation

  • Home
User account menu
  • Log in

Breadcrumb

  1. Home

Hindu Marriage Act Explained: Rules for Legal Marriage, Divorce & Alimony

By shagun , 26 July 2025

The Hindu Marriage Act, 1955, is a law that governs marriage and divorce among Hindus in India. It applies to Hindus, Buddhists, Jains, and Sikhs.

It lays down rules for:

  • Valid Hindu marriage—like age (21 for groom, 18 for bride), consent, and no close blood relation (unless custom allows).
  • Monogamy—A person cannot marry again if already married.
  • Registration—Marriage can be registered under this law.
  • Divorce—Conditions for divorce include cruelty, adultery, desertion, mutual consent, etc.
  • Maintenance & alimony—support for the spouse after separation.
  • Child custody—The court can decide who gets custody of children.

This act protects the rights of both husband and wife and ensures marriages happen legally and with proper consent.

Hindu Marriage Act, 1955 – FAQs

  • Who does this act apply to?
    It applies to Hindus, Buddhists, Jains, and Sikhs. It doesn’t apply to Muslims or Christians.
  • Is marriage registration compulsory under this Act?
    While not mandatory everywhere, registration is strongly recommended as legal proof.
  • What is the legal age for marriage under this Act?
    21 years for males, 18 years for females.
  • Can cousins marry under this Act?
    No, unless their custom allows it. Marriages in prohibited degrees (close relatives) are not allowed.
  • Can a Hindu marry more than once?
    No. Only one spouse at a time is allowed. A second marriage during the lifetime of a spouse is illegal.
  • Can love marriages be done under this Act?
    Yes. If both are Hindu, love marriages are valid under this law.
  • Can someone from another religion marry under this Act?
    Only if the non-Hindu converts to Hinduism before marriage.
  • Is a live-in relationship allowed under this Act?
    The Act doesn't mention live-in relationships directly, but courts have recognized rights in long-term live-ins.
  • What are valid reasons for divorce under this Act?
    Cruelty, adultery, desertion, conversion to another religion, mental disorder, not heard alive for 7 years, etc.
  • Can both husband and wife file for divorce together?
    Yes. That’s called mutual consent divorce.
  • What is the cooling-off period for mutual divorce?
    Minimum 6 months (can be waived by court in special cases).
  • Can a wife claim maintenance after separation?
    Yes. She can ask for maintenance or alimony depending on her needs and husband's income.
  • Who gets child custody after divorce?
    The court decides based on the best interest of the child, not just based on the gender of the parent.
  • Is dowry banned under this Act?
    While this Act doesn’t cover dowry, dowry is illegal under the Dowry Prohibition Act, 1961.
  • Can a marriage be declared null and void?
    Yes, if it was done by force, fraud, underage, or bigamy, it can be annulled.
  • What if a Hindu marries secretly without family consent?
    If both are adults and give free consent, the marriage is legally valid even without family approval.
  • Can a woman remarry after divorce under this Act?
    Yes, both men and women can remarry after getting a legal divorce.
  • What proof is needed for a Hindu marriage?
    A marriage certificate, photos, and witnesses help prove marriage under this Act.
  • Can court stop a Hindu marriage?
    Only if it violates conditions like age, consent, or existing marriage.
  • Is a religious ceremony necessary for a Hindu marriage?
    Yes. Marriage must be done with proper Hindu rituals or customs.

Comments

About text formats

Plain text

  • No HTML tags allowed.
  • Lines and paragraphs break automatically.
  • Web page addresses and email addresses turn into links automatically.
CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.
RSS feed