Hindu Marriage Act, 1955: Explained

Last updated: October 9, 2025 Type: Article

The Hindu Marriage Act, 1955 governs marriage and divorce among Hindus, Buddhists, Jains, and Sikhs in India. It ensures that marriages happen with free consent, proper age, and legal validity. It also provides rights related to divorce, alimony, maintenance, and child custody.

Main Rules of a Valid Hindu Marriage

Condition	Legal Requirement
Age Limit	Groom – 21 years, Bride – 18 years
Consent	Both must marry with free will
Monogamy	Only one spouse during lifetime; bigamy is illegal
Prohibited Relations	Marriage not allowed between close relatives unless custom permits
Ceremonies	Must be performed as per Hindu customs or rituals
Registration	Recommended for proof (done under Hindu Marriage Act or Special Marriage Act)

Divorce, Alimony & Custody

Aspect	Details
Grounds for Divorce	Cruelty, adultery, desertion, mental disorder, conversion, not heard alive for 7 years, etc.
Mutual Consent Divorce	Both spouses agree → 6-month waiting period (can be waived by court)
Maintenance / Alimony	Either spouse can claim financial support based on need and income
Child Custody	Court decides based on child's welfare, not gender of parents
Remarriage	Allowed after legal divorce

Documents Needed for Marriage Registration

Application form (as per state rules)
Proof of age (birth certificate, school certificate, Aadhaar)
Proof of address (ration card, Aadhaar, voter ID)
Photographs of the couple
Marriage invitation card or religious ceremony proof
Witnesses (usually 2 or 3 adults)

State-wise Marriage Registration (for Hindus)

State / UT	Where to Apply	Website
Delhi	Sub-Divisional Magistrate (SDM) office	https://revenue.delhi.gov.in/revenue/marriage-registration
Maharashtra	Registrar of Marriages	https://aaplesarkar.mahaonline.gov.in
Karnataka	Registrar under Hindu Marriage Act	https://sevasindhu.karnataka.gov.in
Uttar Pradesh	Registrar / Tehsil Office	https://igrsup.gov.in
Tamil Nadu	Sub-Registrar Office	marriage registration Portal
Gujarat	Registrar of Marriages	https://enagar.gujarat.gov.in/DIGIGOV/

Hindu Marriage Act, 1955 – FAQs

1. Who does this Act apply to?: Hindus, Buddhists, Jains, and Sikhs. Not applicable to Muslims or Christians.
2. Is marriage registration compulsory?: Not everywhere, but strongly recommended as legal proof.
3. Can cousins marry under this Act?: No, unless their custom specifically allows it.
4. Can a Hindu marry again if the spouse is alive?: No. Second marriage is illegal unless the first is dissolved.
5. Can love marriages happen under this Act?: Yes, if both are Hindus.
6. Can a Hindu marry a non-Hindu under this Act?: Only if the non-Hindu converts to Hinduism before marriage.
7. Is a live-in relationship covered under this law?: Not directly, but courts have granted limited rights in long-term live-ins.
8. Can both partners file for divorce together?: Yes, through mutual consent divorce.
9. How long is the waiting period for mutual consent divorce?: 6 months (the court can reduce or waive it).
10. Can the wife claim maintenance?: Yes. Based on her needs and husband's income.
11. Who gets child custody after divorce?: The court decides based on the child's welfare.
12. Can a marriage be cancelled?: Yes. If underage, forced, fraudulent, or during an existing marriage.
13. Can a woman remarry after divorce?: Yes. Both men and women can remarry legally.
14. Is family approval needed for marriage?: No. If both are adults and give free consent, it's valid.
15. What proof is needed for marriage?: Marriage certificate, photos, witnesses, and ceremony proof.
16. Can a court stop a Hindu marriage?: Yes, if it violates age, consent, or existing marriage rules.
17. Is dowry covered under this law?: No. It's banned under the Dowry Prohibition Act, 1961.