( ) “adolescent”
but has not completed his eighteenth year;
3[(bb) “calendar year” means the period of twelve months beginning with the first day of January in any year;]
(c) “child” means a person who has not completed his fifteenth year of age;
4[(ca) “competent person”, in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the
*Dated 23-9-1948
†Shall be repealed by the Occupational Safety, Health and Working Conditions Code, 2020, with effect from a date yet to be notified.
1. Substituted by the Adaptation of Laws Order, 1950.
2. Words “except the State of Jammu and Kashmir” omitted by the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970, w.e.f. 1-9-1971. Earlier said quoted words were substituted by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951.
3. Inserted by the Factories (Amendment) Act, 1954, w.e.f. 7-5-1954.
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HINDU MARRIAGE ACT, 1955
5.
14. No petition for divorce to be presented within
15. Divorced persons when may marry again
16. Legitimacy of children of void and voidable marriages
17. Punishment of bigamy
18. Punishment for contravention of certain other conditions for a Hindu
JURISDICTION AND PROCEDURE
19.
HINDU SUCCESSION ACT, 1956
3. Definitions and interpretations
4. Overriding effect of Act
5. Act not to apply to certain properties
6. Devolution of interest in coparcenary property
7. Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom 50
8. General rules of succession in the case of males 52
9. Order of succession among heirs in the Schedule 54
10. Distribution of property among heirs in class I of the Schedule 54
11. Distribution of property among heirs in class II of the Schedule 55
12. Order of succession among agnates and cognates 55
13. Computation of degrees 56
14. Property of a female Hindu to be her absolute property
15. General rules of succession in the case of female Hindus 59
16. Order of succession and manner of distribution among heirs of a female Hindu 60
17. Special provisions respecting persons governed by marumakkattayam and aliyasantana laws 61 General Provisions Relating to Succession
18. Full blood preferred to half blood
19. Mode of succession of two or more heirs
20. Right of child in womb
21. Presumption in cases of simultaneous deaths
22. Preferential right to acquire property in certain cases 63
23. [Omitted by the Hindu Succession (Amendment) Act, 2005, w.e.f. 9-9-2005] 64
24. [Omitted by the Hindu Succession (Amendment) Act, 2005, w.e.f. 9-9-2005] 64
25. Murderer disqualified 64
26. Convert’s descendants disqualified
27. Succession when heir disqualified
28. Disease, defect, etc., not to disqualify
29. Failure of heirs
CHAPTER III
30. Testamentary Succession
CHAPTER IV REPEALS
31. [Repealed by the Repealing and Amending Act, 1960, w.e.f. 26-12-1960 ] 71 SCHEDULE : Heirs in Class I and Class II
HINDU MINORITY AND GUARDIANSHIP ACT, 1956
1. Short title and extent
2. Act to be supplemental to Act 8 of 1890
3. Application of Act
4. De nitions
5. Overriding effect of Act
6. Natural guardians of a Hindu minor
7. Natural guardianship of adopted son
8. Powers of natural guardian
9. Testamentary guardians and their powers
10. Incapacity of minor to act as guardian of property
11. De facto guardian not to deal with minor’s property
12. Guardian not to be appointed for minor’s undivided interest in joint family property
13. Welfare of minor to be paramount consideration
HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
1. Short title and extent
2. Application of Act
3. Definitions
4. Overriding effect of Act
CHAPTER II
5. Adoptions to be regulated by this Chapter
6. Requisites of a valid adoption
7. Capacity of a male Hindu to take in adoption
8. Capacity of a female Hindu to take in adoption
9. Persons capable of giving in adoption
10. Persons who may be adopted
11. Other conditions for a valid adoption
12. Effects of adoption
13. Right of adoptive parents to dispose of their properties
14. Determination of adoptive mother in certain cases
15. Valid adoption not to be cancelled
16. Presumption as to registered documents relating to adoption
17. Prohibition of certain payments
CHAPTER III MAINTENANCE
18. Maintenance of wife
19. Maintenance of widowed daughter-in-law
20. Maintenance of children and aged parents
21. Dependants defined
22. Maintenance of dependants
23. Amount of maintenance
24. Claimant to maintenance should be a Hindu
25. Amount of maintenance may be altered on change of circumstances
26. Debts to have priority
27. Maintenance when to be a charge
28. Effect of transfer of property on right to maintenance
CHAPTER IV REPEALS AND SAVINGS
29. [Repealed by the Repealing and Amending Act, 1960, w.e.f. 26-12-1960] 112
30. Savings 112 SUBJECT INDEX 113
HINDU DISPOSITION OF PROPERTY ACT, 1916
1. Short title and extent 115
2. Dispositions for the bene t of persons not in existence 115
3. Limitations and conditions 116
4. [Repealed by the Transfer of Property (Amendment) (Supplementary) Act, 1929] 117
5. Application of this Act to the Khoja community 117 SUBJECT INDEX 119
Hindu Marriage Act, 1955 [25
OF 1955]*
An Act to amend and codify the law relating to marriage among Hindus.
BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:—
PRELIMINARY
Short title and extent.
1. (1) This Act may be called the Hindu Marriage Act, 1955†
(2) It extends to the whole of India 1[***], and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
COMMENTS
CASE LAWS
Applicability of Hindu Marriage Act - Domicile in India – The Supreme Court held that the Hindu Marriage Act, 1955, applies to Hindus domiciled in India even if they reside abroad. In this case, the husband claimed Australian domicile to contest the applicability of the Act for a judicial separation petition filed by his wife. The Court ruled that mere long-term residence or tenancy in a foreign country does not constitute a change in domicile. The husband’s failure to prove abandonment of his Indian domicile affirmed that both parties remained domiciled in India, making the Act applicable. –Sondur Gopal v. Sondur Rajini AIR 2013 SC 2678.
Application of Act.
2. (1) This Act applies—
(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who is a Buddhist, Jaina or Sikh by religion; and
*Dated 18-5-1955.
†The Act has been extended to Union Territory of Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963, w.e.f. 1-7-1965, and Pondicherry by the Pondicherry (Laws) Regulation, 1963, w.e.f. 1-10-1963.
1. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
S. 2
(
HINDU MARRIAGE ACT, 1955 2
c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
Explanation.—The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:—
(
(
a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist Jaina or Sikh by religion and who is brought up as a member of tribe, community, group or family to which such parents belongs or belonged; and
(
c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
(3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.
COMMENTS
SECTION NOTES
2.1 Persons to whom the Act applies
Section 2(1) explicitly provides that the Act applies to any person who is: Hindu by religion: Includes Hindus in all forms or developments of the religion, including Virashaivas, Lingayats, and followers of Brahmo, Prarthana, or Arya Samaj.
Buddhists, Jains, and Sikhs by religion
Nota Muslim, Christian, Parsi or Jew by religion
However, this Act will not apply, if it is proved that any such person would not have been covered by Hindu law, by any custom or usage as part of that law in respect of matters dealt in this Act, if this Act has not been passed.
Meaning of Hindus, Buddhists, Jainas or Sikhs by religion
The explanation attached to Section 2 elaborates on the definition of individuals who are legally considered Hindus, Buddhists, Jains, or Sikhs for the purposes of the Act and includes the following:
Children of Hindu, Buddhist, Jain, or Sikh Parent:
Legitimate or illegitimate children whose parents are both Hindus, Buddhists, Jainas, or Sikhs by religion.
3 HINDU MARRIAGE ACT, 1955
Legitimate or illegitimate children whose one parent belongs to Hindu, Buddhist, Jaina, or Sikh religion and the child is raised as part of that parent’s religious community.
Converts or re-converts:
Any individual who is a convert or re-convert to Hindu, Buddhist, Jaina, or Sikh religion.
2.2 Exceptions for Scheduled Tribes
Members of Scheduled Tribes (as per Article 366(25) of the Constitution) are excluded under sub-section (2) unless specifically brought under this Act by a notification from the Central Government.
2.3 Inclusive Definition of term “Hindu”
According to sub-section (3), the term “Hindu” is to be interpreted inclusively to cover all persons to whom the Act applies under this section, even if they are not Hindus by religion in the strict sense.
CASE LAWS
Applicability to Scheduled Tribes - Customary Law Prevails – The Supreme Court held that under section 2(2) of the Hindu Marriage Act, 1955, the Act does not apply to members of Scheduled Tribes unless specifically notified by the government. The Court emphasized that marriages within Scheduled Tribes are governed by their customary laws and usages. In this case, a tribal woman alleged bigamy by her husband under section 494 IPC but failed to prove a custom prohibiting second marriages within the tribe. The Court dismissed the complaint, ruling that in the absence of such proof, no offence of bigamy under the Hindu Marriage Act could be made out. – Dr. Surajmani Stella Kujur v. Durga Charan Hansdah AIR 2001 SC 938.
Definitions.
3. In this Act, unless the context otherwise requires,—
(a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy: and
Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;
(b) “District Court” means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;
(c) “full blood”and “half blood”—two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;
S. 3 HINDU MARRIAGE ACT, 1955 4
(d) “uterine blood”—two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.
Explanation.—In clauses (c) and (d), “ancestor” includes the father and “ancestress” the mother;
(e) “prescribed” means prescribed by rules made under this Act;
(f) (i) “sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
(ii) two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;
(g) “degrees of prohibited relationship”—two persons are said to be within the “degrees of prohibited relationship”—
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii) if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.
Explanation.—For the purposes of clauses (f) and (g), relationship includes—
(i) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood, and all terms of relationship in those clauses shall be construed accordingly.
COMMENTS
SECTION NOTES
3.1 Definitions of key terms
Custom and usage:
Clause (a) defines expression “customs” and “usage” as a rule followed consistently and uniformly over a long period, gaining the force of law among Hindus in specific areas or groups.
Conditions for Validity: The rule must be certain.
5 HINDU MARRIAGE ACT, 1955
It must not be unreasonable or against public policy. If specific to a family, it should not have been discontinued.
Blood Relationships:
Clauses (c) and (d) defines relationship by full blood, half blood or uterine blood between two persons.
Full Blood: When two persons are descendants from the common ancestor and the same wife.
Half Blood: When two persons are descendants from the common ancestor but by different wives.
Uterine Blood: When two persons are descendants from the same ancestress but by different husbands.
Explanation: The terms “ancestor” and “ancestress” are inclusive of the father and mother, respectively.
Sapinda Relationship:
Clause (f) explains that sapinda relationship with reference to any person extends to:
third generation (inclusive) in line of ascent through mother. fifth generation (inclusive) in line of ascent through father. The line of ascent is traced upward from the individual concerned, counted as the first generation.
Rules for determining sapinda relationship:
One person will be sapinda to another:
If one is a lineal ascendant of the other within the prescribed limits. In other words, if an individual is in direct degrees of ascent within five degrees to the other through the father or three degrees of ascent to the other through the mother.
If they share a common lineal ascendant within the specified generational limits. In other words, if both are sapinda to common lineal ascendant.
Explanation of Relationships:
Sapinda relationship includes relationship by:
Half-blood, or uterine blood as well as by full blood Illegitimate blood relationships as well as legitimate Adoption as well as by blood.
Overriding effect of Act.
4. Save as otherwise expressly provided in this Act,—
(a) any text rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;
(b) any other law in force immediately before the commencement of this Act shall cease to have effect insofar as it is inconsistent with any of the provisions contained in this Act.
