The Hindu Marriage Act, 1955

The act applies to the whole of India except J&K.  The act governs the marriages of Hindus only. The Hindus according to the act are:

  1. Hindu by religion

  2. In its any form: Lingayat, Virashaiva, or follower of any samaj (S.2(i)a)

  3. Buddhist, Jain, Sikh (BJS) (S.2(i)b)

  4. Anyone who is not a Muslim, Christian, Parsi, Jew(MCPJ) (S.2(i)c)

Explanation (S.2)

  1. Any Legitimate or Illegitimate child of both Hindu parents (including BJS)

  2. Any Legitimate or Illegitimate child of one Hindu parent and brought up as a Hindu.  (Maneka Gandhi V. Indira Gandhi)

  3. Any convert or reconvert

2) Not Applicable to the STs defined as under Sub-clause 25 of Article 366 of the constitution. 3) Act Applies as per virtue of the of the provisions contained in the act. Conditions for a Hindu Marriage Punishment for bigamy: Bigamy is declared void under S.11 of the act and is punishable in under S.17 of the act:-

  1. Up to 7 Years Imprisonment and fine (S.494 of IPC)( If the facts are disclosed)

  2. Up to 10 Years Imprisonment and fine (s.495 od IPC)( If the facts are not disclosed)

Punishment for child marriage:

  1. Imprisonment up to 2 years or fine up to 1 lakh or both (S.18 a) (Imprisonment up to 15 days and fine up to 1000 or both till 2007)

Punishment for marrying in Degrees of Prohibited Marriage or Sapindas:

  1. Imprisonment up to 1 month or fine up to 1000 or both (S.18 b)

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