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Peace Legal Information: Making Law Simple for Every Citizen

Peace Legal Information: Making Law Simple for Every Citizen

Table of Contents Introduction — purpose & scope Why legal awareness matters Rights & Duties — equal and reciprocal Role of Police — how to cooperate Everyday laws to keep handy How to use the law to protect yourself Conclusion Introduction — purpose & scope Peace4.in brings plain-English legal information to every person living in or visiting India. This pinned page is a gateway: it explains the site's purpose, how to navigate topic clusters, and how the law can be used to prevent harm and resolve disputes through recognised legal channels. We focus only on Indian legal context and practical steps. Our aim is to increase legal literacy, encourage lawful behaviour, and support peaceful, constructive resolution of conflicts. ↑ Back to top Why legal awareness matters Legal knowledge empowers you to avoid common mistakes, make informed decisions, and access remed...
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Understanding the Hindu Marriage Act for Women

Understanding the Hindu Marriage Act for Women

 

More information on Understanding the Hindu Marriage Act for Women

What is the Hindu Marriage Act?

The Hindu Marriage Act, 1955 governs the legal aspects of marriage for Hindus, Buddhists, Jains, and Sikhs in India. It defines valid marriages, rights of spouses, divorce procedures, and legal remedies.

Conditions for a Valid Hindu Marriage

Under Section 5 of the Act, a Hindu marriage is valid if:

  • Both parties are Hindus and legally competent to marry
  • Neither party has a living spouse (monogamy)
  • They are not within prohibited degrees of relationship (unless custom allows)
  • Both parties consent to the marriage voluntarily

Rights of a Woman During Marriage

Women have the right to:

  • Reside in the matrimonial home
  • Be treated with dignity and without cruelty
  • Access shared marital property and financial support
  • Seek restitution of conjugal rights or separation

Grounds for Divorce and Legal Separation

Under Sections 13 and 13B, a woman may file for divorce based on:

  • Cruelty (physical or mental)
  • Desertion for 2+ years
  • Adultery or bigamy
  • Conversion to another religion
  • Mutual consent (13B)

Legal assistance, evidence, and court procedure are required for each remedy.

Maintenance and Financial Relief

Women can seek maintenance under:

  • Section 24: Interim maintenance during the case
  • Section 25: Permanent alimony post-divorce
  • Also available under CrPC 125 and other laws

Restitution of Conjugal Rights: Explained

This remedy under Section 9 allows a spouse to legally demand cohabitation if the other spouse withdraws from the marriage without reasonable cause. It can be contested and often leads to further legal proceedings.

Important Case Law and Examples

Indian courts have repeatedly upheld women's rights under the Hindu Marriage Act. For example:

  • Savita vs Narayan (SC): Recognized mental cruelty as valid divorce ground
  • Gita Hariharan v. RBI: Dealt with guardianship but expanded interpretation of Hindu personal law

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Location: India