THE HINDU MARRIAGE ACT, 1955

(Act 25 of 1955)[18th May, 1955] An Act to amend and codify the law relating to marriage among Hindus.

Preliminary

Short title and extent.–

(1) This Act may be called the Hindu Marriage Act, 1955.

(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also
to Hindus domiciled in the territories to which this Act extends who are
outside the said territories.

Application of Act.– (1) This Act applies,-

to any person who is a Hindu by religion in any of of its forms or developments, including a Virashaiva, a
Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;

to any person who is a Buddhist, Jaina or Sikh by religion, and

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,-

any child, legitimate or
illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

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

any person who is a convert
or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.

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.

The expression
“Hindus” 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

whom this Act applies by virtue of the provisions contained in this section.

Definitions.- In this Act, unless the context otherwise requires,-

the expression
“custom” and “usage” signify any rule which, having been
continuously and uniformally 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;

“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
matters dealt with in this Act;

“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;

“uterine blood” – two persons are said to be related to each other by uterine blood when they are
descended from a common ancestor but by different husbands.

Explanation.-
In Clauses (c) and (d) “ancestor” includes the father and
“ancestress” the mother;

“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 “sapinda” 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

if one was the wife or husband of a lineal ascendant or descendant of the other;

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 or the other; or

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;

illegitimate blood relationship as well as legitimate;

relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be
construed accordingly.

Overriding effect of Act.- Save as otherwise expressly provided in this Act.-

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;

any other law in force immediately before the commencement of this Act shall cease to have effect in
so far as it is inconsistent with any of the provisions contained in this Act.

Hindu Marriages

Condition for a Hindu Marriage.- A marriage may be solemnized between any two
Hindus, if the following conditions are fulfilled, namely:

neither party has a spouse living at the time of the marriage;

at the time of the marriage, neither party,-

is incapable of giving a valid consent of it in consequence of unsoundness of mind; or

though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such
an extent as to be unfit for marriage and the procreation of children; or

has been subject to recurrent attacks of insanity or epilepsy;

the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time
of the marriage;

the parties are not within the degrees of prohibited relationship unless the

custom or usage governing each of them permits of a marriage between the two;

the parties are not sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between the two;

(Omitted)

Guardianship in Marriage.- (Omitted by Marriage Laws (Amendment) Act, 1976.

Ceremonies for a Hindu marriage.-(1) A Hindu marriage may be solemnized in
accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps
by the bridegroom and the bride jointly before the sacred fire), the marriage
becomes complete and binding when the seventh step is taken.

Registration of Hindu Marriages.-(1) For the purpose of facilitating the proof
of Hindu marriages, the State Government may make rules providing that the
parties to any such marriage may have the particulars relating to their
marriage entered in such manner and subject to such condition as may be
prescribed in a Hindu Marriage Register kept for the purpose.

Notwithstanding anything
contained in sub-section (1), the State Government may, if it is of opinion
that it is necessary or expedient so to do, provide that the entering of the
particulars referred to in sub-section (1) shall be compulsory in the State or
in any part thereof, whether in all cases or in such cases as may be specified
and where any such direction has been issued, and person contravening any rule
made in this behalf shall be punishable with fine which may extend to
twenty-five rupees.

All rules made under this
section shall be laid before the State Legislature, as soon as may be, after
they are made.

The Hindu Marriage Register
shall at all reasonable times be open for inspection, and shall be admissible
as evidence of the statements therein contained and certified extracts
therefrom shall, on application, be given by the Registrar on payment to him of
the prescribed fee.

Notwithstanding anything
contained in this section, the validity of any Hindu marriage shall in no way
be affected by the omission to make the entry.

Restitution of Conjugal rights and judicial separation

Restitution of conjugal rights.– When either the husband or the wife has, without
reasonable excuse, withdrawn from the society of the other, the aggrieved party
may apply, by petition to the district court, for restitution of conjugal
rights and the court, on being satisfied of the truth of the statements made in
such petition and that there is no legal ground why the application should not be

granted, may
decree restitution of conjugal rights accordingly.

Explanation-
Where a question arises whether there has been reasonable excuse for withdrawal
from the society, the burden of proving reasonable excuse shall be on the
person who has withdrawn from the society.

Judicial separation.- (1) Either party to a marriage, whether solemnized
before or after the commencement of this Act, may present a petition praying
for a decree for judicial separation on any of the grounds specified in
sub-section (1) of Section 13, and in the case of a wife also on any of the grounds
might have been presented.

(2) Where a
decree for judicial separation has been passed, it shall no longer be
obligatory for the petitioner to cohabit with the respondent, but the court
may, on the application by petition of either party and on being satisfied of
the truth of the statement made in such petition, rescind the decree if it
considers it just and reasonable to do so.

Nullity of Marriage and Divorce

Nullity of marriage and
divorce- Void marriages.– Any marriage solemnized after the commencement of this Act shall be
null and void and may, on a petition presented by either party thereto, against
the other party be so declared by a decree of nullity if it contravenes any one
of the conditions specified in clauses (i), (iv) and (v), Section 5.

Voidable Marriages.-(1) Any marriage solemnized, whether before or after
the commencement of this Act, shall be voidable and may be annulled by a decree
of nullity on any of the following grounds,
namely:-

that the marriage has not
been consummated owing to the impotency of the respondent; or

that the marriage is in
contravention of the condition specified in clause (ii) of Section 5; or

that the consent of the petitioner, or where the consent of the
guardian in marriage of the petitioner was required under Section 5 as it stood
immediately before the commencement of the Child Marriage Restraint (Amendment)
Act, 1978, the consent of such guardian was obtained by force or by fraud as to
the nature of the ceremony or as to any material fact or circumstance
concerning the respondent; or

that the respondent was at
the time of the marriage pregnant by some person other than the petitioner.

2) Notwithstanding
anything contained in sub-section (1), no petition for annulling a marriage-

on the ground specified in
clause (c) of sub-section (1) shall be entertained if-

the petition is presented
more than one year after the force had ceased to operate or, as the case may
be, the fraud had been discovered ; or

the petitioner has, with his
or her full consent, lived with the other party to the marriage as husband or
wife after the force had ceased to operate or, as the case may be, the fraud
had been discovered;

on the ground specified in
clause (d) of sub-section (1) shall be entertained unless the court is satisfied-

that the petitioner was at
the time of the marriage ignorant of the facts
alleged;

that proceedings have been
instituted in the case of a marriage solemnized before the commencement of this
Act within one year of such commencement and in the case of marriages
solemnized after such commencement within one year from the date of the
marriage; and

that marital intercourse
with the consent of the petitioner has not taken place since the discovery by
the petitioner of the existence of the said
ground.

Divorce- (1) Any marriage solemnized, whether before or after the commencement
of the Act, may, on a petition presented by either the husband or the wife, be
dissolved by a decree of divorce on the ground that the other party-

has, after the solemnization
of the marriage had voluntary sexual intercourse with any person other than his
or her spouse; or

(ia) has, after the solemnization
of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner
for a continuous period of not less than two years immediately preceding the
presentation of the petition; or

has ceased to be a Hindu by
conversion to another religion ; or

has been incurably of
unsound mind, or has suffering continuously or intermittently from mental
disorder of such a kind and to such an extent that the petitioner cannot
reasonably be expected to live with the respondent.

Explanation- In this clause-

the expression “mental
disorder” means mental illness, arrested or incomplete development of
mind, psychopathic disorder or any other disorder or disability of mind and
include schizophrenia;

the expression
“psychopathic disorder” means a persistent disorder or disability of
mind (whether or not including sub-normality of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the part of the other

party and
whether or not it requires or is susceptible to medical treatment; or

has been suffering from a
virulent and incurable form of leprosy; or

has been suffering from
veneral disease in a communicable form; or

has renounced the world by
entering any religious order; or

has not been heard of as
being alive for a period of seven years or more by those persons who would
naturally have heard of it, had that party been alive;

Explanation.-
In this sub-section, the expression “desertion” means the desertion
of the petitioner by the other party to the marriage without reasonable cause
and without the consent or against the wish of such party, and includes the
willful neglect of the petitioner by the other party to the marriage, and its
grammatical variations and cognate expression shall be construed accordingly.

(1-A) Either
party to a marriage, whether solemnized before or after the commencement of
this Act, may also present a petition for the dissolution of the marriage by a
decree of divorce on the ground-

that there has been no
resumption of cohabitation as between the parties to the marriage for a period
of one year or upwards after the passing of a decree for judicial separation in
a proceeding to which they were parties; or

that there has been no
restitution of conjugal rights as between the parties to the marriage for a
period of one year or upward after the passing of a decree of restitution of
conjugal rights in a proceeding to which they were parties.

(2) A wife may
also present a petition for the dissolution of her marriage by a decree of
divorce on the ground-

in the case of any marriage
solemnized before the commencement of this Act, that the husband had married again
before the commencement or that any other wife of the husband married before
such commencement was alive at the time of the solemnization of the marriage of
the petitioner:

Provided that
in either case the other wife is alive at the time of the presentation of the
petition;

that the husband has, since
the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or

that in a suit under Section
18 of the Hindu Adoptions and Maintenance Act, (78 of 1956), or in a proceeding
under Section 125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or
under corresponding Section 488 of the Code of Criminal Procedure, (5 of 1898),
a decree or order, as the case may be, has been passed against the husband
awarding maintenance to the wife notwithstanding that she was living apart and
that since the passing of such decree or order, cohabitation between the parties
has not been resumed for one year or upwards; or

that her marriage (whether consummated or not) was solemnized before
she attained the age of fifteen years and she has repudiated the marriage after
attaining that age but before attaining the age of eighteen years.

Explanation.- This clause applies
whether the marriage was solemnized before or after the commencement of the
Marriage Law (Amendment) Act, 1976.

13-A. Alternate Relief in Divorce
Proceedings.- If any proceeding under this Act, on a petition for
dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds
mentioned in clauses
(ii), (vi) and

(vii) of
sub-section (1) of Section 13, the court may, if it considers it just so to do
having regard to the circumstances of the case, pass instead a decree for
judicial separation.

13-B. Divorce by mutual consent.-(1)
Subject to the provisions of this Act a petition for dissolution of marriage by
a decree of divorce may be presented to the District Court by both the parties
to a marriage together, whether such marriage was solemnized before or after
the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that
they have been living separately for a period of one year or more, that they
have not been able to live together and that they have mutually agreed that the
marriage should be dissolved.

(2) On the
motion of both the parties made earlier than six months after the date of the
presentation of the petition referred to in sub-section (1) and not later than
eighteen months after the said date, if the petition is not withdrawn in the
mean time, the Court shall, on being satisfied, after hearing the parties and
after making such inquiry as it thinks fit, that a marriage has been solemnized
and that the averments in the petition are true, pass a decree of divorce
declaring the marriage to be dissolved with effect from the date of the decree.

14. No petition for divorce to be presented
within one year of marriage.-

Notwithstanding anything
contained in this Act, it shall not be competent for any Court to entertain any
petition for dissolution of marriage by a decree of divorce, unless at the date
of the presentation of the petition one year has elapsed since the date of the marriage:

Provided that
the court may, upon application made to it in accordance with such rules as may
be made by the High Court in that behalf, allow a petition to be presented
before one year has elapsed since the date of the marriage on the ground that
the case is one of exceptional hardship to the petitioner or of exceptional
depravity on the part of the respondent, but, if it appears to the court at the
hearing of the petition that petitioner obtained leave to present the petition
by any mis-representation or concealment of the nature of the case, the court
may, if it pronounces a decree, do so subject to the condition that the decree
shall not have effect until after the expiry of one year from the date of the
marriage or may dismiss the petition without prejudice to any petition which
may be brought after the expiration of the said one year upon the same or
substantially the same facts as those alleged in support of the petition so dismissed.

In disposing of any
application under this section for leave to present a petition for divorce
before the expiration of one year from the date of the marriage, the court
shall have regard to the interests of any children of the marriage and to the
question whether there is a reasonable probability of a reconciliation between
the parties before the expiration of the said one year.

Divorced persons. When may marry again.– When a marriage has been
dissolved by a decree of divorce and either there is no right of appeal against
the decree or, if there is such a right of appeal, the time for appealing has
expired without an appeal having been presented, or an appeal has been
presented but has been dismissed, it shall be lawful for either party to the
marriage to marry again.

16. Legitimacy
of children of void and voidable marriages.-

Notwithstanding that a
marriage is null and void under Section 11, any child of such marriage who
would have been legitimate if the marriage had been valid, shall be legitimate,
whether such a child is born before or after the commencement of the Marriage Laws
(Amendment) Act, 1976, and whether or not a decree of nullity is granted in
respect of the marriage under this Act and whether or not the marriage is held
to be void otherwise than on a petition under this Act.

Where a decree of nullity is
granted in respect of a voidable marriage under Section 12, any child begotten
or conceived before the decree is made, who would have been the legitimate
child of the parties to the marriage if at the date of the decree it had been
dissolved instead of being annulled, shall be deemed to be their legitimate
child notwithstanding the decree of nullity.

Nothing contained in
sub-section (1) or sub-section (2) shall be construed as conferring upon any
child of a marriage which is null and void or which is annulled by a decree of
nullity under Section 12, any rights in or to the property of any person, other
than the parents, in any case, where, but for the passing of this Act, such
child would have been incapable of possessing or acquiring any such rights by
reason of his not being the legitimate child of his parents.

Punishment of Bigamy.- Any marriage between two Hindus solemnized after the
commencement of this Act is void if at the date of such marriage either party
had a husband or wife living; and the provisions of Sections 494 and 495 of the
Indian Penal Code (45 of 1860) shall apply accordingly.

Punishment for contravention of certain other conditions for a Hindu
marriage.–
Every person who procures a marriage of himself or herself or to be solemnized
under this Act in contravention of the conditions specified in clauses (iii),
(iv), and (v) of Section 5 shall be punishable-

in the case of a
contravention of the condition specified in clause (iii) of Section 5, with
simple imprisonment which may extend to fifteen days, or with fine which may
extend to one thousand rupees, or with both;

in the case of a contravention of the condition
specified in clause (iv) or clause

(v) of Section
5, with simple imprisonment which may extend to one month, or

with fine which may extend to one
thousand rupees, or with both;

Clause (c) omitted by Act 2
of 1978.

Jurisdiction and Procedure

Court to which petition shall be presented-

Every petition under this Act
shall be presented to the District Court within the local limits of whose
ordinary original civil jurisdiction:

the marriage was solemnized, or

the respondent, at the time
of the presentation of the petition, resides,
or

the parties to the marriage
last resided together, or

the petitioner is residing
at the time of the presentation of the petition, in a case where the respondent
is at that time, residing outside the territories to which this Act extends, or
has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of him if he were alive.

Contents and verification of Petitions.-(1) Every petition presented
under this Act shall state as distinctly as the nature of the case permits the
facts on which the claims to relief is founded and, except in a petition under
Section 11, shall also state that there is no collusion between the petitioner
and the other party to the marriage.

(2) The
statements contained in every petition under this Act shall be verified by the
petitioner or some other competent person in the manner required by law for the
verification of plaints, and may, at the hearing, be referred to as evidence.

Application of Act 5 of 1908.- Subject to the other provisions contained in this
Act and to such rules as the High Court may make in this behalf all proceedings
under this Act shall be regulated, as far as may be, by the Code of Civil
Procedure, 1908.

21-A. Power to transfer petitions in certain cases.-(1)Where-

a petition under this Act has been presented to a District Court having
jurisdiction by a party to marriage praying for a decree for a judicial
separation under Section 10 or of a decree of divorce under Section 13; and

another petition under this
Act has been presented thereafter by the other party to the marriage praying
for a decree for judicial separation under Section 10 or for a decree of
divorce under Section 13 on any ground, whether in the same District Court or in
a different District Court, in the same State or in a different

State,

the petitions shall be dealt
with as specified in sub-section (2).

In a case where sub-section
(1) applies,-

if the petitions are
presented to the same District Court, both the petitions shall be tried and
heard together by that District Court;

if the petition are
presented to different District Courts, the petition presented later shall be
transferred to the District Court in which the earlier petition was presented
and both the petitions shall be heard and disposed of together by the district
court in which the earlier petition was presented.

In a case where clause (b)
of sub-section (2) applies, the court or the Government, as the case may be,
competent under the Code of Civil Procedure, 5 of 1908 to transfer any suit or
proceeding from this District Court in which the later petition has been
presented to the district court in which the earlier petition is pending, shall
exercise its powers to transfer such later petition as if it had been empowered
so to do under the said Code.

21-B. Special provision relating to trial and disposal of petitions
under the Act.-(1) The trial of a petition under this Act, shall, so far as is
practicable consistently with the interests of justice in respect of the trial,
be continued from day to day until its conclusion unless the Court finds the
adjournment of the trial beyond the following day to be necessary for reasons
to be recorded.

Every petition under this
Act shall be tried as expeditiously as possible, and endeavour shall be made to
conclude the trial within six months from the date of service of notice of the
petition on the respondent.

Every appeal under this Act shall be heard as expeditiously as
possible, and endeavour shall be made to conclude the hearing within three
months from the date of service of notice of appeal on the respondent.

21.-C. Documentary evidence.–
Notwithstanding anything in any enactment to the contrary, no document shall be
inadmissible in evidence in any proceeding at the trial of a petition under
this Act on the ground that it is not duly stamped or registered.

Proceedings to be in camera and may not be printed or published.-(1) Every proceedings under
this Act shall be conducted in camera and it shall not be lawful for any person
to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme
Court printed or published with the previous permission of the Court.

(2) If any
person prints or publishes any matter in contravention of the provisions
contained in sub-section (1), he shall be punishable with fine which may extend
to one thousand rupees.

Decree in proceedings.-(1) In any proceeding under this Act, whether
defended or not, if the Court is satisfied that-

any of the grounds for
granting relief exists and the petitioner except in cases where the relief is
sought by him on the grounds specified in sub-clause (a), sub- clause (b) and
sub-clause (c) of clause (ii) of Section 5 is not any way taking advantage of
his or her own wrong or disability for the purpose of such relief, and

where the ground of the
petition is the ground specified in clause (i) of sub- section (1) of Section
13, the petitioner has not in any manner been accessory to or connived at or
condoned the act or acts complained of, or where the ground or the petition is
cruelty the petitioner has not in any manner condoned the cruelty, and

(bb) when a
divorce is sought on the ground of mutual consent, such consent has not been
obtained by force, fraud or undue influence, and

the petition not being a petition presented under section 11 is not
presented or prosecuted in collusion with the respondent, and

there has not been any
unnecessary or improper delay in instituting the proceeding, and

there is no other legal
ground why relief should not be granted, then,and in such a case, but not
otherwise, the court shall decree such relief
accordingly.

Before proceeding to grant
any relief under this Act, it shall be the duty of the Court in the first
instance, in every case where it is possible so to do consistently with the
nature and circumstances of the case, to make every endeavour to bring about a
reconciliation between the parties:

Provided that
nothing contained in this sub-section shall apply to any proceeding wherein
relief is sought on any of the grounds specified in clause (ii), clause (iii),
clause (iv), clause (v), clause (vi) or clause (vii), of sub-section (1) of
Section 13.

For the purpose of aiding
the Court in bringing about such reconciliation, the court may, if the parties
so desire or if the Court thinks it just and proper so to do adjourn the
proceedings for a reasonable period not exceeding fifteen days and refer the
matter to any person named by the parties in this behalf or to any person
nominated by the Court if the parties fail to name any person, with directions
to report to the Court as to whether reconciliation can be and has been
effected and the court shall in disposing of the proceeding have due regard to
the report.

In every case where a
marriage is dissolved by a decree of divorce, the court passing the decree
shall give a copy thereof free of cost to each of the parties.

23-A. Relief for respondent in divorce and other proceedings.- In any proceedings for
divorce or judicial separation or restitution of conjugal rights, the

respondent may
not only oppose the relief sought on the ground of petitioner’s adultery,
cruelty or desertion, but also make a counter-claim for any relief under this
Act on that ground; and if the petitioner’s adultery, cruelty or desertion is
proved, the Court may give to the respondent any relief under this Act to which
he or she would have been entitled if he or she had presented a petition
seeking such relief on that ground.

24. Maintenance
pendente lite and expenses of proceedings.-

Where in any
proceeding under this Act it appears to the Court that either the wife or the
husband, as the case may be, has no independent income sufficient for her or
his support and the necessary expenses of the proceeding, it may, on the
application of the wife or the husband, order the respondent to pay the
petitioner the expenses of the proceeding such sum as, having regard to the
petitioner’s own income and the income of the respondent, it may seem to the
Court to be reasonable.

Permanent alimony and maintenance.-(1) Any court exercising jurisdiction under
this Act may, at the time of passing any decree or at any time subsequent
thereto, on application made to it for the purposes by either the wife or the
husband, as the case may be, order that the respondent shall pay to the
applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding
the life of the applicant as, having regard to the respondent’s own income and
other property of the applicant, the conduct of the parties and other
circumstances of the case, it may seem to the Court to be just, and any such
payment may be secured, if necessary, by a charge on the immoveable property of
the respondent.

If the Court is satisfied
that there is a change in the circumstances of either party at any time after
it has made an order under sub-section (1), it may at the instance of either
party, vary, modify or rescind any such order in such manner as the court may
deem just.

If the Court is satisfied
that the party in whose favour an order has been made under this Section has
re-married or, if such party is the wife, that she has not remained chaste or
if such party is the husband, that he has had sexual intercourse with any woman
outside wedlock, it may at the instance of the other party vary, modify or
rescind any such order in such manner as the court may deem just.

Custody of children.- In any proceeding under this Act, the Court may,
from time to time, pass such interim orders and make such provisions in the
decree as it may deem just and proper with respect to the custody, maintenance
and education of minor children, consistently with their wishes, wherever
possible, and may, after the decree, upon application by petition for the
purpose, make from time to time, all such orders and provisions with respect to
the custody, maintenance and education of such children as might have been made
by such decree or interim orders in case the proceedings for obtaining such
decree were still pending, and the Court
may also from time to time revoke, suspend or vary any such orders and
provisions previously made.

Disposal of property.-In any proceeding under this Act, the Court may make

such
provisions in the decree as it deems just and proper with respect to any
property presented at or about the time of marriage, which may belong jointly
to both the husband and the wife.

Appeals from decrees and orders.-(1) All decrees made by Court in any
proceeding under this Act shall, subject to the provisions of sub-section (3),
be appealable as decrees of the Court made in the exercise of its original
civil jurisdiction and every such appeal shall lie to the Court to which
appeals ordinarily lie from the decisions of the Court given in the exercise of
its original civil jurisdiction.

Orders made by the Court in
any proceedings under this Act, under Section 25 or Section 26 shall, subject
to the provisions of sub-section (3), be appealable if they are not interim
orders and every such appeal shall lie to the Court to which appeals ordinarily
lie from the decisions of the Court given in exercise of its original civil jurisdiction.

There shall be no appeal
under this section on subject of costs only.

Every appeal under this
section shall be preferred within a period of thirty days from the date of the
decree or order.

28(A) Enforcement of decrees and orders.- All
decrees and orders made by the Court in any proceeding under this Act, shall be
enforced in the like manner as the decrees and orders of the Court made in the
exercise of its original civil jurisdiction for the time being enforced.

Savings.-(1) A marriage solemnized
between Hindus before the commencement of this Act, which is otherwise valid,
shall not be deemed to be invalid or ever to have been invalid by reason only
of the fact that the parties thereto belonged to the same gotra or pravara or
belonged to different religion, castes or sub-divisions of the same caste.

Nothing contained in this
Act shall be deemed to affect any right recognised by custom or conferred by
any special enactment to obtain the dissolution of a Hindu Marriage, whether
solemnized before or after the commencement of this Act.

Nothing contained in this
Act shall affect any proceeding under any law for the time being in force for
declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial,
separation pending at the commencement of this Act, and any such proceeding may
be continued and determined as if this Act had not been passed.

Nothing contained in this
Act shall be deemed to effect the provisions contained in the Special Marriage
Act, 1954 (43 of 1954), with respect to marriages between Hindus solemnized
under that Act, whether before or after the commencement of this Act.

Repeals.- (Repealed by the Repealing
and Amendment Act, 1960 (58 of 1960), Sec. 2 and the First Schedule.)