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CHANAKYA NATIONAL LAW

UNIVERSITY, PATNA

Your text here

“HINDU MARRIAGE UNDER HINDU LAW”

Rough draft submitted in the partial fulfillment of the course
titled:
Family Law- 1

Submtted to: Ms. Nidhi Kumari

Asst. Professor

Submitted By: Kumar Raushan

Roll No: 2228 (B.B.A, LL.B) (hons)
Batch: 2019-2024

Contents
DEECLARATION.....................................................................................................................4

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ACKNOWLEGEMENT............................................................................................................5
INTRODUCTION......................................................................................................................6
SOURCES OF DATA................................................................................................................6
MODE OF CITATION..............................................................................................................6
Research methodology...............................................................................................................7
Hypothesis..................................................................................................................................7
Who are Hindus?........................................................................................................................7
Hindu by religion....................................................................................................................7
Hindu by birth.........................................................................................................................7
Concept of Marriage under Hindu Law.....................................................................................8
Sacramental Nature of Marriage............................................................................................8
Characteristics of the Sacramental Nature of a Hindu Marriage............................................8
Forms of Marriage under the Hindu Law..................................................................................9
Ceremonies to be performed in a Hindu Marriage...................................................................10
Essential elements of section 5................................................................................................11
 Condition of monogamy............................................................................................11
 Bigamy......................................................................................................................11
 Conditions regarding mental health or capacity........................................................12
 Condition for marriageable age.................................................................................12
Some other essential provisions for a Hindu Marriage........................................................12
Solemnization of Marriage (Section 7)................................................................................12
Registration of Marriage (Section 8)....................................................................................13
Void Marriages (Section 11)................................................................................................13
Voidable Marriages (Section 12)..........................................................................................13
Dissolution of Hindu Marriage................................................................................................14
Theories Regarding Divorce....................................................................................................14
Grounds of Divorce..............................................................................................................15
Section 13 (1) at fault Grounds.........................................................................................16
Adultery............................................................................................................................16
Cruelty..............................................................................................................................17
Desertion...............................................................................................................................21
Conversion............................................................................................................................22
Unsound mind......................................................................................................................23
Leprosy.................................................................................................................................24
Venereal disease...................................................................................................................25

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 Renunciation of the world....................................................................................................27
Section 13 (1-A) Breakdown Theory...................................................................................28
Additional grounds for wife- Section 13(2).........................................................................29
Conclusion................................................................................................................................32
Bibliography.............................................................................................................................33

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 DEECLARATION

I hereby declare that the work reported in the BBA. LLB (Hons.) project report entitled
“Hindu Marriage under Hindu law” submitted at Chanakya National Law University
Patna, is an authentic record of my work carried under the supervision of Miss Nidhi
Kumari. I have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my project report.

Kumar Raushan

BBA. LLB (hons)

CNLU, Patna

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 ACKNOWLEGEMENT

The researcher takes this opportunity to express his profound gratitude and deep regards to
her guide Miss Nidhi Kumari for his exemplary guidance, monitoring and constant
encouragement throughout the course of this thesis. The blessings, help and guidance given
by him time to time shall carry the researcher a long way in the journey of life on which the
researcher is about to embark.

The researcher is obliged to staff members of Chanakya National Law University Patna,
for the valuable information provided by them in their respective fields. The researcher is
grateful for their cooperation during the period of his assignment.

Lastly, the researcher would like to thank almighty, his parents, brother, sister and friends for
their constant encouragement without which this assignment would not be possible.

THANK YOU

KUMAR RAUSHAN

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INTRODUCTION

Hindu Marriage refers to kanyadan which means gifting a girl to the boy by the father with
all the tradition and rites or custom. Hindu marriage is an ancient tradition which is prevailing
from the Vedic periods to the modern world with different modifications that have occurred
until now. There are 16 sacraments in the Shastri Hinduism in which marriage is one of the
important sacraments of Hinduism.

Section 2 of the Hindu Marriage Act 19551 states that this act applies to any person who is a
Hindu by birth or who has changed his/her religion to either any of its forms such as
Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj. Any person
who is a Buddhist, Jain, or Sikh also comes under this act. It also applies to any person living
outside this territory except who is a Muslim, Christan, Parsi, or Jew by religion or it is
proved that such person is being governed by Hindu law. It is believed that it is the strongest
bond between husband and wife. It is an unbreakable bond that remains even after death. The
importance of marriage is not to the extent of one generation but it is an in-depth belief of
Hinduism. Without a wife, a person is considered incomplete while performing any rites of
Hinduism. It is very important to perform all the rites with the wife. 

SOURCES OF DATA

The researcher will be relying upon both the primary as well as secondary form of data. The
researcher will mostly rely upon:

 Primary sources: Principles, Acts, statutes, Principles

 Secondary sources: Newspaper, Journals, websites, blogs, books. Periodicals, etc.

MODE OF CITATION

The researcher will use the Bluebook 20th Uniform mode of citation.

1
Sec 2, Hindu Marriage Act 1955

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Research methodology

The researcher will primarily rely on the doctrinal method of research wherein researcher
will delve into legal framework with the help of act, statutes, cases. The author will take help
form the books, journals, newspapers etc.

Hypothesis

Despite the presence of the Hindu marriage act, the law is very flexible in recognising the
customs which goes against the Hindu marriage act.

Who are Hindus?

Hindu by religion

The Medieval period of Hinduism lasted from 500 to 1500 AD. Hinduism is the oldest
religion which contains a wide range of tradition and culture which are followed by all the
Hindus across the globe. Any person who is a Hindu by religion or born in Hindu family with
Hindu father or mother in any of its forms such as Virashaiva, a Lingayat or a follower of the
Brahmo, Prarthana or Arya Samaj or any person who is a Buddhist, Jain, or Sikh is also a
Hindu by religion. Thus, any person except a follower of Muslim, Christan, Parsi, or Jew
religion is a Hindu.

Hindu by birth.

Any person born in a Hindu family or has a Hindu father or mother such a person is
considered as Hindu by birth. Any person born in any community apart from Muslim,
Christian, Jews is also a Hindu. Any child, legitimate or illegitimate if either of his parents is
Hindu, if he is brought up by the parent who is hindu shall be considered as Hindu by birth

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Concept of Marriage under Hindu Law

For a long period of time Hindu marriage rites have been changed accordingly due to the
needs and convenience of the people from time to time. It is the relationship between husband
and wife. According to Hinduism, this sacrament is one of the most important sacraments out
of 16 sacraments in Hinduism. It is a sacred tie that can’t be broken. It is a relationship from
birth to birth, it is a bond which continues after rebirth and death. According to Veda, a man
is incomplete until he gets married and meets with his partner.

Sacramental Nature of Marriage

Characteristics of the Sacramental Nature of a Hindu Marriage

Hindu marriage is “a religious sacrament in which a man and a woman are bound in a
permanent relationship for the physical, social and spiritual need of dharma, procreation and
sexual pleasure.” 

There are three characteristics of the sacramental nature of marriage:

 It is an enduring bond of the husband and wife which is permanent and tied even after
death and they will remain together after the death.
 Once it is tied cannot be untied.
 It is a religious and holy union of the bride and groom which is necessary to be
performed by religious ceremonies and rites.

Hindu marriage is considered as one of the most important sacraments. In ancient times, there
was no need for the girls’ consent. Fathers have to decide the boy without asking for her
advice or consent. It is the sole duty of the father to find a suitable boy. If the person was of
unsound mind or minor at the time of the marriage, it was not considered as a void marriage.
But in the present world, consent and mental soundness of the person are a very essential part
of the Hindu Marriage, without the absence of any such element marriage will be annulled or
void or no legal entity.

Section 12 of the Hindu Marriage Act 1955 lays down that when one’s consent is not
obtained, the marriage is considered void. It shows that despite the absence of consent of the
bride, the marriage is valid and legal.

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 The nature of modern marriage is contractual. Thus, it accepts the idea of equality and liberty.
It has been adopted due to western Ideas. There must be an agreement of voluntarily entering
into it by both parties.

Thus, the Hindu marriage is not a contract and neither is it a sacrament. But it can be said it is
a semblance of both

Forms of Marriage under the Hindu Law 

The ancient Hindu law recognized three forms of Shastric marriages as regular and valid.
These were Brahma (bride given gift by father), Gandharva (mutual agreement of bride and
bridegroom) and Asura (bride virtually sold by the father).

There are three forms of marriage which are been described in Shastri’s law as valid and
regular:

 Brahma Marriage 

The bride is given as a gift to the groom by the father generally known as the arranged
marriage that is mostly followed in India. The act called marriage which is performed
according to the Shastric rites and ceremony or customary ceremonies prevalent in the
community. 

 Gandharva marriage

There is the mutual consent of the bride and groom and is generally known as love marriage.
These marriages are prevalent in the present modern world. where the bride and groom select
each other and perform marriage according to the Shatri rites and ceremony.

 Asura marriage 

Asura marriage is aggressive and forced marriage where the bride is sold by the father, it is
still prevalent and performed very commonly even by high-class Hindu.

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 The Current Hindu Marriage Act doesn’t define or describe or acknowledge these forms of
marriage. So, in the present world, people are not obsessed with only these forms of
marriage. People are more aware of their choices and instead of accepting their father’s
choice they want to select their partner on their own.

Ceremonies to be performed in a Hindu Marriage 

Marriage in the Hindu religion is a sacred tie performed by certain ceremonies and rites
which are necessary for a valid marriage. There are three important stages wherein certain
ceremonies are to be performed.

 Sagai -Hindu engagement is an important pre-wedding ritual in Indian culture, it is a

type of culture in which the bride and groom come face to face and are engaged with a
religious bond by each other’s families. The Hindu tradition of “Vagdanam” dates back to
Vedic period where the groom’s father gives their words to the bride’s father that they will
accept their daughter and will be responsible for their future well being. There are various
terms which are used instead of engagement in different places like Mangi, Sagai, Ashirbad,
Nishchayam etc.

 Kanyadan– The word kanyadan consists of two words- Kanya which is maiden or
girl and daan which means donation. It is the donation of a girl. It is an age-old tradition
where the bride’s father presents his daughter to the groom, giving him responsibility for her
future wellbeing. It is an emotional and sentimental laden ritual which recognizes the
sacrifice a father makes in order to ensure her daughter’s happiness. It is followed till now
from the Vedic times. It is an integral part of traditional Hindu marriage.

 Saptapadi– Saptapadi is a very important and integral component of a typical Hindu

marriage. It is an activity which is undertaken by the bride and groom in front of the fire god,
where couples go around the sacred fire seven times while reciting certain vows. This
movement is also known as phera. Fire or Agni is considered highly sacred in the Hindu
religion, vows taken in front of the Agni are unbreakable. The god of fire, Agni deva is
considered to be a witness to be solemnization of the marriage as well as a representative of

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the supreme being to provide his blessing to the newlywed couple. Section 7 of the Hindu
marriage act 1955 states the solemnization of the Hindu marriage, a Hindu marriage may be
performed by all the ceremonies and rituals of both the party or either anyone. It is concerned
with the Saptapadi which means that taking seven rounds around the fire with their partner;
after its completion, marriage becomes complete.
Conditions for Validity of a Hindu Marriage.

Section 5 A valid marriage shall be solemnized between two Hindus if the following
conditions are fulfilled:

 Any person doesn’t have a spouse living at the time of the marriage. According to the
Hindu Marriage Act, It is not permissible to have two living wives at the same point in
time, which amounts to bigamy. It is punishable under Section 494 of the Indian Penal
Code.
 The groom shall attain the age of 21 and the bride attains the age of 18. It is necessary
at the time of marriage the person shall attain the specified age given in this Act.
 The consent shall not be given by coercion or threat. In the modern world, a father
can’t get the girl married to any without a girl’s consent. Marriage will be void. 
 They don’t fall under the Sapinda relationship, or within the degree of prohibited
relationship unless it is allowed by their custom or tradition.
 The person shall be not suffering from any insanity or mental disorder at the time of
the marriage.

Essential elements of section 5

 Condition of monogamy

Section 5 (i) of the Hindu marriage act 1955 states that at the time of the marriage a person
should not have a living spouse. It is not permissible in Shastri law to have two married
women at a point in time. It is also punishable under the Indian penal code 1955. 

 Bigamy

Bigamy amounts to having two living wives at the same time which is illegal in Hindu law;
without finalizing the divorce from the first marriage, a person can’t marry someone else. The

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first one will be considered a legal marriage. The provision of section 494 and 495 of the
Indian Penal Code 1860 will be applicable to the person performing the second marriage after
already having a living husband and wife.

 Conditions regarding mental health or capacity

Section 5 (ii) (a),(b),(c) Hindu marriage Act 1955 discusses the condition of valid of Hindu
marriage related to mental health or capacity of the person; if a person is suffering from
unsoundness of mind at the time of marriage, Marriage will be considered as void. It is
necessary that a person shall be capable of giving valid consent at the time of the marriage.

 Condition for marriageable age

Section 5 (iii) of the Hindu Marriage Act 1955 states that the bridegroom has completed the
age of twenty-one and the bride has completed the age of eighteen years at the time of the
marriage. If the person has not attained given in section 5 (iii) the marriage will be void it has
no legal status.

 Sapinda relationship
All prohibited relationships are Sapinda but all Sapinda relationships are not prohibited
relationships. Sapinda relationship is the chain of all the relationship from the side of the
brother and sister in the family; they can’t marry each other due to prohibited relationship and
also their generation till three generations from the girl side and five-generation from the boy
side, till that they all are in Sapinda relationship. Avoidance of Sapinda can be achieved as
the girl reaches the fourth generation and boy (brother) reaches the sixth generation after that
both families can have a  marriage that will be neither prohibited relationship nor Sapinda
relationship.

Some other essential provisions for a Hindu Marriage

Solemnization of Marriage (Section 7)

Section 7 of the Hindu marriage act 1955 states the solemnization of the Hindu marriage, a
Hindu marriage may be performed by all the ceremonies and rituals of both the party or either

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anyone. It is concerned with the Saptapadi which means that taking seven rounds around the
fire with their partner; after its completion marriage becomes complete and binding.

 Each party to the marriage declaring in any language shall be understood by each of
the parties.
 Each party to the marriage shall put the ring upon any finger of the other.
 tying of the thali.

The marriage renders to be valid if it is performed between Hindu couples according to the
customary ceremony and rituals of each party or any one of them. Any child born after
performing the marriage according to this section will be legitimate. The beginning of the
child before the dissolution of the marriage is not the cause to dissolve the marriage. It is one
of the most important duties of the father to bring up the girl child, find a suitable boy for her
and do Kanyadan for the girl. Girl leaves their gotra and enters into the gotra of the boy. It is
an unbreakable bond that is tied for the generation to generation. It is a sacrament, not a
contract.

Registration of Marriage (Section 8)

Section 8 states that:

 The state government is facilitating the provision as a proof to Hindu so that the
person comes into a valid marriage with the prescribed manner.
 All the rules made in this section shall be laid before the state legislature as soon as
May.
 Hindu marriage registrar has all the powers and reasonable time open for the
inspection and collects evidence and certified them after the payment of a prescribed fee. 

Void Marriages (Section 11)

Section 11 of the Hindu Marriage Act 1996 states that any marriage solemnized after the
commencement of the Hindu Marriage Act 1955, if it contravenes any of the provisions of
this act, the marriage will be void. The marriage will have not any legal entity nor will it be
enforceable.

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Voidable Marriages (Section 12)

Any marriage solemnized after or before the commencement of this will be voidable on the
following grounds:

 No sexual intercourse has been done after the marriage due to the impotence of the
Husband.
 Marriage is in contravention of Section 5 (ii) of this Act which states that the bride
shall attain the age of 18 and the groom shall attain the age of 21.
 There shall be a consent of the bride.
 If the husband has pregnant another woman other than the wife.
 The wife has filed a request for annulling the marriage.

Dissolution of Hindu Marriage

Divorce

The term ‘divorce’ comes from the Latin word ‘divortium’ which means ‘to turn
aside’, ‘to separate’. Divorce is the legal cessation of a matrimonial bond.

Section 13 of the Hindu Marriage Act, 1955 has introduced a revolutionary

amendment to the shastric Hindu law. It provides for the dissolution of marriage.
Under the Hindu law, divorce does not take place unless it has been granted by a
court. Before passing of the Marriage Laws (Amendment) Act, 1976, the grounds for
judicial separation and divorce were different. The Marriage Laws (Amendment) Act,
1976 makes the grounds of divorce and judicial separation common. An aggrieved
party may sue for divorce or judicial separation.

Theories Regarding Divorce

The provisions relating to divorce is contained in Sec 13 of Hindu Marriage Act,

1955.The Act recognizes two theories of Divorce: the fault theory and divorce by
mutual consent. Under the fault theory, marriage can be dissolved only when either
party to the marriage had committed a matrimonial offence. Under this theory it is
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necessary to have a guilty and an innocent party and only innocent party can seek the
remedy of divorce. However the most striking feature and drawback is that if both
parties have been at fault, there is no remedy available. Another theory of divorce is
that of mutual consent. The underlying rationale is that since two persons can marry
by their free will; they should also be allowed to move out of their relationship of their
own free will. However critics of this theory say that this approach will promote
immorality as it will lead to hasty divorces and parties would dissolve their marriage
even if there were slight incompatibility of temperament. Some of the grounds
available under Hindu Marriage Act can be said to be under the theory of frustration
by reason of specified circumstances. These include civil death, renouncement of the
world etc. In this article we shall see that how these theories, owing to change in
social circumstances and change in attitude towards the institution of marriage had
failed to provide full justice in matrimonial case.

Grounds of Divorce

The Hindu Marriage Act, 1955 originally based divorce on the fault theory and
enshrined 9 fault grounds in Section 13 (1) on which, either the husband or the wife
could sue for divorce. Section 13 has undergone a substantial change by reason of
subsequent amendments. The grounds mentioned in sub-Section (1) and (1-A) are
available to both the husband and wife; while the grounds mentioned under sub-
Section (2) are available only to the wife.31 In 1964, Section 13 (1-A) has been
inserted containing two clauses under which, non-resumption of cohabitation for two
years or upwards after the decree of judicial separation or restitution of conjugal rights
was made a ground of divorce. This is a modification of clauses (viii) and (ix) of
Section 13 of the Hindu Marriage Act, 1955. By the Marriage Laws (Amendment) Act
1976, the period of two years is reduced to one year. Section 13 (1-A) introduced an
element of Break-down theory in the Hindu Marriage Act 1955.

Prior to the amendments the petition for divorce could be filed on the grounds of non-
resumption of cohabitation after the decree of judicial separation and restitution of
conjugal rights only by the petitioner. After the amendments, either party to the
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marriage can prefer such petitions. However, this is not applicable to in the cases
where the decrees of judicial separation and restitution of conjugal rights were
obtained prior to the passing of the Hindu Marriage (Amendment) Act, 1964. If the
decrees are obtained after 1964, the respondent also can take advantage of the new
Section.

The Hindu Marriage Act, 1955 originally contained two fault grounds in Section 13
(2) on which, a Hindu wife alone could sue for divorce. The Marriage Laws
(Amendment) Act 1976 has inserted two additional fault grounds of divorce for wife
and a new Section 13-B under which, divorce by mutual consent has been made
available as a matrimonial relief. Thus, in the modern Hindu law, the position is that
all the three theories of divorce are recognized and divorce can be obtained on the
basis of any one of them. Further, the customary mode of divorce is also retained. The
Marriage Laws (Amendment) Act, 1976 has introduced certain changes of far-
reaching consequences, which have materially affected the sacramental character of
marriage. The relief of divorce may be obtained in respect of any marriage whether
solemnized before or after the commencement of this Act. Thus, Section 13 is
retrospective as well as prospective operation.

Section 13 (1) at fault Grounds

Adultery

Adultery is extra-marital sex. It is consensual sexual intercourse between a married

person and a person of the opposite sex not being the other spouse, during the
subsistence of the former’s marriage. Where the other party has, after the
solemnization of the marriage, had voluntary sexual intercourse with any person other
than his or her spouse, a divorce petition can be filed.

Section 497 of the Indian Penal Code defines adultery: “Whoever has sexual
intercourse with a person who is and whom he knows or has reason to believe to be
the wife of another man without the consent or connivance of that man such
intercourse not amounting to the offence of rape is guilty of the offence of adultery”.

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 The criminal action is filed not against the wife but against the adulterer. The wife is
not guilty of offence, not even as an abettor. In the matrimonial court, when a petition
is filed for the matrimonial relief of divorce or judicial separation on the ground of
adultery, the main relief is sought against the spouse and not against the adulterer. The
adulterer or the adulteress is made merely a co-respondent, and that too is not always
necessary. It is in this aspect, that the matrimonial offence of adultery is different from
the criminal offence. If the wife is raped, she is not guilty of adultery. It is a complete
defence to the charge of adultery if the respondent wife was raped. If a person lacks
mental capacity to consent, such as a minor or person of unsound mind, the
intercourse will not be voluntary.

In Veena Kalia v. Jatinder Nath Kalia 2, the husband after marriage went abroad for
studies leaving his two minor daughters and his wife in India. He did not tried to take
his wife with him and left her. For twenty three years, they lived apart and the
husband contracted a second marriage there. He had three children out of the second
marriage. He was thus, guilty of cruelty, desertion and adultery. The wife got divorce
on these grounds and the husband was ordered to pay her maintenance of Rs. 10,000
per month. The court also ordered him to deposit Rs. 10 lacs in the court towards the
expenses of his daughters’ marriages. Burden of proof is on the petitioner. Earlier it
had to be proved beyond doubt but now only high probability is required.

Proof of adultery by direct evidence is rare and it would be unreasonable to expect

direct evidence of adultery. Moreover, the nature of this act is such that direct
evidence is not possible. Courts therefore expect circumstantial evidence and
circumstantial evidence is sufficient.

Cruelty

Legal concept of cruelty has varied from time to time, place to place, and situation to
situation. In early law, intention was considered an essential element of cruelty but in

2
AIR 1996 Del 54

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modern law it is not so. The intention of the law is to protect the innocent party from
any harm -physical or mental. Scolding or nagging have also been considered as
cruelty.

Before passing of the Marriage Laws (Amendment) Act 1976, cruelty was a ground
only for judicial separation and the petitioner was required to prove that the
respondent had treated him or her with such cruelty as to cause a reasonable
apprehension in his or her mind that it would be harmful or injurious for the petitioner
to live with the other party.

The Marriage Laws (Amendment) Act, 1976 which makes cruelty also a ground for
divorce, has changed the wording of the clause thus: “respondent has treated the
petitioner with cruelty”. The change in the definition of cruelty will signify that an act
or omission or conduct which constitutes cruelty is a ground for judicial separation or
divorce. Even if it causes no apprehension of any sort in the mind of the petitioner.

Cruelty can be of both kinds: physical and mental. It is physical when the body is
injured. It is mental when feeling and sentiments are wounded. The petitioner may be
meted with cruelty of either or both types. However, cruelty has to be distinguished
from the ordinary wear and tear of family life. It cannot be decided on the basis of
sensitivity of the petitioner and has to be adjudged on the basis of the course of
conduct which would, in general, be dangerous for a spouse to live with the other. A
few stray instances indicating a short tempered nature and somewhat erratic behaviour
are not sufficient to prove cruelty for the purpose of this Section.
In Shobha Rani v. Madhukar Reddi3, the Supreme Court held that the word ‘cruelty’
used in Section 13 (1) (i-a) of the Act is with reference to human conduct or behaviour
in relation to or in respect of matrimonial duties or obligations. It is a course of
conduct of one which is adversely affecting the other. The cruelty may be mental or
physical, intentional or unintentional. If it is physical, it is a question of fact and
degree. If it is mental, the inquiry must begin as to the nature of the cruel treatment
and then as to the impact of such treatment on the mind of the spouse. In this Case, the
3
AIR 1988 SC 121

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Supreme Court considerably enlarged the concept of cruelty and held that the demand
for dowry, which is prohibited under law, amounts to cruelty entitling the wife to get a
decree for dissolution of marriage.

Definition of Cruelty

There is no precise definition of cruelty because the term is so wide. Several situations and
cases over past 100 years have shown that cruelty can be mental or physical. In the case of
Dastane vs Dastane 1970 Bom4, it was held that cruelty could be through words, gestures, or
even by mere silence.

A general explanation of cruelty can be found in the case of Russel vs Russel5, in which it
was held that any conduct that poses a danger to life, limb, or health - physical or mental, or
causes reasonable apprehension of such danger, is cruelty.
Earlier, the petitioner had to show that the act of the respondent caused reasonable
apprehension of danger. Thus, in the case of Sayal vs Sarla 1961 Punjab, when wife
administered love-potion to the husband, causing his hospitalization, it was held to be cruelty
even though she did not mean to hurt her husband because it caused reasonable apprehension
of danger. However, now it is not required. The clause merely says, "if the respondent has
treated the petitioner with cruelty". In a case6, SC held that it is not necessary that the act has
caused a reasonable apprehension in the mind of petitioner. The emphasis will be on the act
or conduct constituting cruelty. It further held that social status of the parties, their education
must be considered while determining whether the act constitutes cruelty or not. Thus, what
amounts to cruelty in one case may not amount to cruelty in another.

Intention to be cruel is not material

Earlier intention was necessary but now it is not so. In the case of Jamieson vs Jamieson
1952, House of Lords observed that unintentional acts may also amount to cruelty. In
Williams vs Williams 1963 Allahbad, the necessity of intention in cruelty was finally
rejected in India. In this case husband was insane and constantly accused the wife of adultery.
This was cruelty without intention.

4
Dastane vs Dastane 1970 Bom
5
Russel vs Russel 1897
6
GVN Kameshwara Rao vs G Jalili 2002

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Thus, in the case of Bhagwat vs Bhagwat 1976 Bom, when husband tried to strangulate
wife's brother and he younger son in a fit of insanity, he was held to be cruel. Temporary
insanity or schizophrenia cannot be a defense against the plea of cruelty.

Cruelty need not only be against the petitioner

In Bhagwat vs Bhagwat, cruelty against his step daughter was held as cruelty against wife.

The act or omission need not only be of the respondent

Since most women have to live in husband's joint family, they have to put up with their
actions also. In the case of Shyam Sundar vs Santa Devi 1962, the wife was ill treated by
the in-laws and husband stood their idly without caring for wife. This was held as cruelty.

However, in the case of Gopal vs Mithilesh 1979 Allahbad, husband's stand of neutrality
regarding wife and mother and his inaction about his mother's nagging of his wife was not
considered cruelty because it is normal wear and tear of a married life.

Types of cruelty - Physical and Mental

Physical Cruelty

Injury to body, limb, or health, or apprehension of the same. In the case of Kaushalya vs
Wisakhiram 1961 Punj, husband beat his wife so much so that she had to lodge police
complaint even though injury was not serious. It was held that serious injury is not required.

Mental Cruelty

In Bhagat vs Bhagat 1994 SC held that a conduct that causes such a mental pain and
suffering that makes it impossible to live with that person is mental cruelty. Mental cruelty
must be such that it cannot reasonably be expected to live together. This has to be judged on
the circumstances of the case.

In the case of N Sreepadchanda vs Vasantha 1970 Mysore, wife hurled abuses at the
husband and quarreled over trivial matters so much so that he became a laughing stock in the
locality. This was held to be mental cruelty against the wife.

In Saptami vs Jagdish 1970 Calcutta, false accusations of adultery were held to be mental
cruelty.

Yashodabai vs Krishnamurthi 1992 - Mere domestic quarrels with mother in law is not
cruelty.

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In the case of Jyotishchandra vs Meera 1970, husband was not interested in wife, he was
cold, indifferent, sexually abnormal and perverse. It was physical as well as mental cruelty.

Desertion
Desertion means withdrawing from the matrimonial obligation, i.e., not permitting or
allowing and facilitating the cohabitation between the parties. It 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.
The deserting spouse should be proved that there is-
1. factum of separation; i.e., living apart and away from the deserted spouse, and
2. Animus deserendi; i.e., an intention to bring cohabitation to an end permanently. Further, it
should be proved that on the part of the deserted spouse, there was-
a)Absence of consent to the separation, and
b. Absence of conduct giving reasonable cause to the spouse to leave the matrimonial home.

In matrimonial law, desertion means continual absence from cohabitation contrary to the will
or without the consent of the party charging it, and without reasonable cause. Desertion is not
to be tested by merely ascertaining which party left the matrimonial home first. The party
who intends to bring the cohabitation to an end and whose conduct in reality caused its
termination commits the act of desertion.

Desertion was a ground only for judicial separation under Hindu Marriage Act, 1955.101
However, after passing of the Act of 1976, this is a ground for both divorce as well as judicial
separation under Section 13 (1) (i-b).

Three Types - Actual Desertion, Constructive Desertion, Willful neglect.

Actual Desertion - factum of desertion, animus deserdendi, Without reasonable cause,

without consent, 2 yrs must have passed.

Desertion for the purpose of seeking divorce under the Act means the intentional permanent
forsaking and abandonment of one spouse by the other without that other’s consent and
without reasonable cause. In other words, it is a total repudiation of the obligations of

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marriage. Desertion is not the withdrawal from a place, but from a state of things. Desertion
is not a single act complete in itself; it is a continuous cause of conduct to be determined
under the facts and circumstances of each case.

In Durga Prasanna Tripathy v. Arundhati Tripathy(AIR 2005 SC 3297), the wife had deserted
the husband after seven months of marriage and the parties were living separate since a
period of fourteen years. Wife was not willing to live with husband in spite of all efforts.
Better part of their lives was wasted in litigation and the parties disliked each other. There
was irretrievable breakdown of marriage. Therefore, to put an end to litigation and to put an
end to the bitterness between the parties, divorce on the ground of desertion can be granted.

Constructive Desertion - If a spouse creates an environment that forces the other spouse to
leave, the spouse who created such an environment is considered deserter.

Jyotish chandra vs Meera 1970 - Husband was not interested in wife, he was cold,
indifferent, sexually abnormal and perverse. Went to England. Then came back and sent wife
to England for PhD. When wife came back, did not treat her well. Abused her and his inlaws
physically. Wife was forced to live separately. Held desertion by husband.

Wilful Neglect - If a spouse intentionally neglects the other spouse without physically
deserting, it is still desertion. Refusing to perform basic marital obligations such as denial of
company or intercourse or denial to provide maintenance is wilful neglect.

Reasonable Cause
1. If there is a ground for matrimonial relief. (Ground for void, voidable marriage or grounds
for maintenance under sec 18 of HAMA).
2. If spouse is guilty of a matrimonial misconduct that is not enough for matrimonial relief
but still weighty and grave.
3. If a spouse is guilty of an act, omission, or conduct due to which it is not possible to live
with that spouse.

Conversion

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Under Section 13 (1) (ii) of the Hindu Marriage Act, 1955 if the spouse has ceased to be a
Hindu by conversion to another religion, divorce may be obtained. Originally, this ground
was not available for judicial separation in Section 10 of the Hindu Marriage Act, 1955. By
an Amendment of Section 10 in 1964, it was made a ground for judicial separation.
Subsequently in 1976, the grounds for judicial separation were omitted in Section 10 and
were incorporated with slight modifications in Section 13, and is therefore a ground for
divorce under Section 13 (1) (ii). When one spouse voluntarily relinquishes one’s religion
and adopts another distinctive religion after formal ceremonies, it is conversion on his part.
Thus, one should adopt some other religion which cannot be regarded as Hindu religion. If a
Hindu person who is a Jain adopts Buddhism, he is still a Hindu. He cannot be said to have
changed his religion.

If one spouse ceases to be a Hindu, the marriage continues to be governed by Hindu law and
it can be dissolved only under the provisions of the Hindu Marriage Act, 1955. However, if
both the spouses change their religion and cease to be Hindus, none of them can invoke the
aid of this Section. The remedy of dissolution of marriage on the ground of conversion is not
available to the converting spouse. It is the other spouse who remains a Hindu that can avail
of this ground if he or she so desires.

Conversion of the respondent to a non-Hindu faith does not amount to automatic dissolution
of marriage. The petitioner has to file a petition to obtain a decree of divorce. If the petitioner
chooses to continue to live with the spouse who has converted to another religion, there is
nothing to debar him or her from doing so.

Unsound mind

Before passing of the Marriage Laws (Amendment) Act, 1976 the position of insanity as
ground of divorce or judicial separation was as follows:
1) Insanity (whether curable or incurable) - lasting for not less than two years
ending with the filing of the petition was a ground for judicial separation;
2) Incurable insanity- lasting for at least three years immediately preceding the
filing of the petition was a ground for divorce.

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In 1974, the law commission recommended abolition of the duration for the purpose of
treating it as a ground for divorce. In 1976, while unifying the grounds for judicial separation
and divorce, the legislature not only accepted the said recommendation, it also went further to
explain and expand the concept of insanity under Section 13. This was done in the light of the
commission’s general observations regarding insanity.

Now the Act refers to two distinct mental conditions, namely:

1. Unsoundness of mind, and
2. Mental disorder.

The conditions attached to each of these two are:

1. Unsoundness of mind must be incurable; and
2. Mental disorder (whether continuous or intermittent) must be ‘of such a kind and to such
an extent that the petitioner cannot reasonably be expected to live with the respondent’.

After passing of the Marriage Laws (Amendment) Act 1976, incurable unsoundness of mind
or continuous or intermittent mental disorder of such a nature as to disable the petitioner to
live reasonably with the respondent makes the petitioner eligible to get a decree of divorce.
The term “mental disorder” has been widely interpreted so as to include mental illness,
arrested or incomplete development of mind, psychopathic disorder or any other disorder or
disability of mind and includes schizophrenia.

Leprosy

Before passing of the Marriage Laws (Amendment) Act, 1976 the position of ground of
leprosy for divorce was as follows: “the other party has for a period of not less than one year
immediately preceding the presentation of the petition, been suffering from a virulent form of
leprosy”, it was a ground for judicial separation.

If it was virulent and incurable, it was a ground for divorce, where it lasted for three years
ending with the filing of the petition. The Marriage Laws (Amendment) Act 1976 has made
leprosy, a ground for both judicial separation and divorce. It omitted the period of three years.

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Under this clause, the petitioner is required to show that the respondent has been suffering
from virulent and incurable leprosy.

Clause (iv) of Section 13 (1) of the Hindu Marriage Act, 1955 lays down that the divorce can
be obtained by a spouse if the other party has been suffering from a virulent and incurable
form of leprosy.

There are various types of leprosy. They are classified under:

a) Lepromatous leprosy,
b) Tuberculoid leprosy,
c) Maculoan aesthetic leprosy,
d) Polyneuritic leprosy,
e) Borderline leprosy and
f) Indeterminate leprosy.

Of these, Lepromatous leprosy at present, is the most dangerous and aggravated form of
leprosy. In this leprosy, the person suffering from it has low resistance and mycobacterium
leproe multiply very fast, almost in astronomical number. It is in malignant form and highly
contagious. It is incurable and there are hardly any chances of self-arrest and regression.

Venereal disease

Venereal disease is a ground both for judicial separation and divorce. Originally under the
Hindu Marriage Act 1955, the requirement for judicial separation was as follows:
“Respondent has for a period of not less than three years immediately preceding the
presentation of the petition, been suffering from venereal disease in a communicable form,
the disease not having been contracted from the petitioner”. Clause (v) of Section 13 of the
Hindu Marriage Act 1955 which contains the venereal disease as a ground of divorce lays
down that a spouse may present a petition for dissolution of marriage on the ground that the
other spouse has been suffering from venereal disease in a communicable form.

The Marriage Laws (Amendment) Act, 1976 has simplified this ground. Prior to amendment,
the disease was required to be of three years duration. The amendment has done away with

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the period. Now under the Hindu Marriage Act, 1955 the venereal disease to be a ground of
judicial separation or divorce, should be in a communicable form.

Venereal diseases comprise a number of contagious diseases that are most commonly
acquired in a destroyer of life (syphilis) and a preventer of life (gonorrhea). The group
includes at least three other diseases; cancroid, lymphogranuloma venereum and granuloma
inguinale. These five are linked not because of similarity of causative agents, tissue reactions
and symptoms produced, but because of the principal means of spread of each disease is by
sexual intercourse especially promiscuous sexual intercourse, as implied by their group name,
venereal which is derived from the name of goddess of love, ‘Venus’. Not only are the
causative agent’s different morphologically but they also represent five distinct classes of
micro-organisms: Spirochetes; bacilli; viruses and Donovan body (perhaps a bacterium).

The most common form of venereal diseases are Syphilis and Gonorrhea; and of these two,
former is considered to be more dangerous. Gonorrhea is considered to be more treatable and
in most of the cases, complete cure can be obtained. Syphilis in early stage is also now
curable. Congenital syphilis is not a disease in a communicable form and is thus not
considered to be ground of divorce.

It is immaterial that the disease incurable or was contracted innocently. The duration of the
disease is not mentioned. Therefore, it may be of any duration. The Hindu Marriage Act,
1955 does not say that the disease should not have been contracted form the petitioner. If the
disease is contracted form the petitioner, under the Hindu Marriage Act, 1955 by virtue of
Section 23 (1) (a), the decree cannot be passed as it would amount to ‘taking advantage of
one’s own wrong’.

In Mr. X v. Hospital Z (AIR 1999 SC 945), though it is a case under Art. 21 of the
Constitution of India i.e., right to Privacy where the question was as to the disclosure of a
person being HIV Positive by the hospital is violative of Article 21? In the context of
marriage it was held that the basis of this institution is a healthy body and moral ethics. Since
as law provides Venereal disease as a ground for divorce it implies that a person suffering
from Venereal disease prior to marriage must be injuncted from entering into marriage so as
to prevent him from spoiling the health and consequently the life of an innocent spouse.

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Renunciation of the world
Clause (vi) of Section 13 (1) lays down that a spouse may seek divorce if the other has
renounced the world by entering into any religious order. Thus the requirements of the clause
are:
a) the other party has renounced the world, and

b) has entered into a holy order.

Hindus recognize Sanyasa Ashrama as the last of the four Ashramas into which, the life of a
Hindu is organized. According to Hindu religion, every Hindu is required to enter the last
ashrama in his old age. Entering into this ashrama amounts to civil death. For taking sanyas, a
person has to perform eight shradhas (including his own sradha) and has to give up his
matrimonial life and property. A Hindu can according to his religion, renounce the world and
take up sanyas or vanaprastha ashram. Such a person is known as sanyasi, yati, vanaprastha
or perpetual brahmachari, cannot any more attend to his worldly obligations. Therefore, law
treats sanyas etc., as civil death. The sanyasi gives up his name and assumes a new name. In
other words, entering into a sanyasa ashram means not merely renunciation of the world and
worldly things, but also renunciation or rather an end of one’s worldly life led in grihasth
ashrama or the life led in the vanaprastha ashrama. Entering into the sanyasa ashrama in the
old age is in accordance with Hindu religion. A person may enter into a holy order even at the
young age and it is not contrary to Hindu religion. But it becomes a ground for divorce. The
reason seems to be that one can follow the religious faith or belief one has, but it should not
amount to hardship to one’s spouse. And when one spouse leaves the other, even by
becoming a sanyasi, it prima facie causes hardship to the other party. Looked at from this
angle, to become a sanyasi is no hope that the sanyasi spouse will ever return to resume
cohabitation. This seems to be the reason for making it a ground for divorce.

Presumed death

Clause (vii) of Section 13 (1) of the Hindu Marriage Act, 1955 which lays down that a spouse
may file a petition for divorce on the ground that the other spouse has not been heard of 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. Under Section 108 of the Indian Evidence Act, 1872, a person is

28 | P a g e
presumed to be dead if he is not heard of as alive for seven years or more by those who would
have normally heard from him or about him had he been alive. Under matrimonial law, the
other spouse on the basis of presumption of death, by assuming that he or she has become a
widower or widow, contracts a second marriage and after some time, the missing spouse re-
appears, then the second marriage is void under Section 11 and the spouse can also be
prosecuted for bigamy.
To avoid the risk of missing spouse re-appearing, rendering the second marriage void, Clause
(vii) of Section 13 (1) provides that a petitioner may obtain a decree of dissolution of
marriage on this ground. Once the marriage is dissolved, the petitioner is free to marry again
and even if the missing spouse returns the next day of the passing of the decree or much
before the second wedding, he can do nothing.146 He or she as the case may be is not entitled
to the restitution of conjugal rights with the petitioner (who has obtained divorce). The
remarriage of the decree holder is not violative of Section 5 (i) of the Hindu Marriage Act,
1955 and hence is not bigamy.
A court may under Section 108 of the Indian Evidence Act, 1872 draw the presumption in the
above circumstances that the person is dead. Though the Hindu Marriage Act, 1955 does not
draw this presumption, but it seems that it is based on the above presumption. As it is not a
presumption of the death of the respondent, the petitioner cannot take it for granted that his or
her marriage is ipso facto dissolved as in the case of the actual death of the respondent.

Section 13 (1-A) Breakdown Theory

In 1964, Section 13 (1-A) was inserted which contains second type of divorce based on the
‘Break down’ theory. Thus the two grounds mentioned in sub-Section (1-A) are available to
both the husband and wife. The two clauses under which, non-resumption of cohabitation for
two years or upwards after the decree of judicial separation or restitution of conjugal rights
was made a ground of divorce. This is a modification of clauses (viii) and (ix) of Section 13
(1) of the Hindu Marriage Act, 1955. By the Marriage Laws (Amendment) Act, 1976 the
period of two years is reduced to one year. Section 13 (1-A) introduced an element of Break-
down theory in the Hindu Marriage Act, 1955.

i. No cohabitation for 1 yr after passing the decree of judicial separation.

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 ii. No cohabitation for 1 yr after passing the decree of restitution of conjugal
rights. Effected by provisions in Section 23.

Trace of the breakdown principle is evident in Section 13 (1-A) of the Hindu Marriage Act,
1955. However, for passing of the decree, either a decree of judicial separation or that of
restitution of conjugal rights, court is invariable required to go into the question of marital
offence or withdrawal by one spouse from the society of other spouse without reasonable
cause, respectively. The necessary implication is that the consideration of fault is brought in
though indirectly

In addition to the above mentioned grounds, Sub- Section (2) of Section 13 of Hindu
Marriage Act, 1955 provides four additional grounds to the women for obtaining divorce
from her husband.

Originally, Section 13 (2) of the Hindu Marriage Act, 1955 provided only for two special
grounds on which, a Hindu wife alone could seek divorce. Later, the Marriage Laws
(Amendment) Act, 1976 has added two more grounds. Thus, a wife may file a petition for
divorce on any one of the following four grounds:
i) in the case of any marriage solemnized before the commencement of this Act, that the
husband had married again before such 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; or

Additional grounds for wife- Section 13(2)

In addition to the above mentioned grounds, Sub- Section (2) of Section 13 of Hindu
Marriage Act, 1955 provides four additional grounds to the women for obtaining divorce
from her husband.

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Originally, Section 13 (2) of the Hindu Marriage Act, 1955 provided only for two special
grounds on which, a Hindu wife alone could seek divorce. Later, the Marriage Laws
(Amendment) Act, 1976 has added two more grounds. Thus, a wife may file a petition for
divorce on any one of the following four grounds:
iii. in the case of any marriage solemnized before the commencement of this Act,
that the husband had married again before such 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;
or
iv. that the husband has, since the solemnization of the marriage, been guilty of
rape, sodomy or bestiality; or
v. that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,
1956 or in a proceeding under Section 125 of the Code of Criminal Procedure,
1973, (or under the corresponding Section 488 of the Code of Criminal
Procedure 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 passing of such decree or order, cohabitation between
the parties has not been resumed for one year or upwards; or
vi. 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 Laws (Amendment) Act 1976.

Section 13 (2) (i): deals with bigamous marriage.

Before passing of the Hindu Marriage Act, 1955 a Hindu male can marry as many wives as
he liked and no limit to the number of wives. Later, It is provided by Section 13 (2) (i) that if
a man had married more than one wife before the Hindu Marriage Act, 1955 came into force,
then every wife was given a right to seek divorce from the husband on the ground of his pre-
Act remarriage. The first wife on the plea that her husband married again during her life time

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and the second wife on the plea that her husband married her when he already possessed a
wife. A petition for divorce is barred if no other wife is alive due to death or divorce. But if
once a petition is made, the death or divorce of the other wife does not bar the decreeing of
divorce.

If a person rapes a woman who is not his wife, he is guilty of rape and his wife can sue for
divorce. It is immaterial as to whether the woman is related to him or not. The age of the
woman raped is also immaterial. A mere attempt of rape will not be sufficient. Further,
Section 376-A provides punishment to a husband having intercourse with his wife during
separation. Rape is a criminal offence under Section 375 of Indian Penal Code and a person
guilty of these offences can be prosecuted in a criminal court. However, under the Hindu law,
these are recognized as special grounds of divorce for the wife.

‘Sodomy’ is anal intercourse by a man with his wife or with another woman or with a man.
The age and consent of the victim is irrelevant. If a man commits sodomy on his own wife
without her consent, then it would amount to the matrimonial offence of sodomy within the
meaning of the clause. ‘Bestiality’ means sexual intercourse with an animal.

Section 13 (2) (iii) lays down that, where a wife obtains a decree or order for maintenance
either under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 or under Section
125 of the Code of Criminal Procedure, 1973 if cohabitation between the parties had not been
resumed for one year or upwards after the decree, can avail herself of this provision for
obtaining divorce, notwithstanding that she was living apart. Where a decree under Section
18 of the Hindu Adoptions and Maintenance Act, 1956 or under Section 125 of the Code of
Criminal Procedure, 1973 is passed in favour of the wife, it becomes the duty of her husband
to pay maintenance to her and he must resume cohabitation within one year. If he fails to do
so, the wife can seek divorce.

Divorce by Mutual Consent (No Fault theory of Divorce) - Section 13-B

Divorce by mutual consent is not new to Hindus and it was recognized through legislation
and customs by some states and communities189. But there was no provision of divorce by
mutual consent under Hindu Marriage Act, 1955. Section 13-B was added by the Marriage
Laws (Amendment) Act, 1976 where the parties can now obtain divorce by mutual consent.

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This provision is retrospective as well as prospective. Hence, parties to a marriage whether
solemnized before or after that Amending Act can avail themselves of this provision. If both
the parties have agreed to dissolve their marriage, they may do so in a more civilized and
cultured way than by quarrelling between themselves in a court. They may petition together
under Section 13-B in a District court that they may be granted a decree of divorce. The court
can allow the parties to amend a petition for divorce under Section 13-B to be converted into
a petition for divorce by mutual consent. This is possible even at the appellate stage. When a
decree of divorce under Section 13-B is passed on such an amended petition, the effect is that
all the past allegations and cross-allegations made by the parties against each other during the
hearing of the petition under Section 13-B are quashed.

Conclusion

Hindu marriage is “a religious sacrament in which a man and a woman are bound in a
permanent relationship for the physical, social and spiritual need of dharma, procreation and
sexual pleasure. Hindu marriage is considered as one of the most important sacraments. In
ancient times, there was no need for the girls’ consent. Fathers have to decide the boy without
asking for her advice or consent. It is the sole duty of the father to find a suitable boy. If the
person was of unsound mind or minor at the time of the marriage, it was not considered as a
void marriage. But in the present world, consent and mental soundness of the person are a
very essential part of the Hindu Marriage, without the absence of any such element marriage
will be annulled or void or no legal entity.

There are various forms of marriage which has been segregated into approved and non-
approved forms of marriage. Marriage in the Hindu religion is a sacred tie performed by
certain ceremonies and rites which are necessary for a valid marriage. There are three
important stages wherein certain ceremonies are to be performed. There are certain elements
that has to be fulfilled to make the marriage valid and these are enumerated under section 5 of
the Hindu Marriage act 1955. Registration is not mandatory however, it acts as proof of valid
marriage with prescribed manner.

Section 13 of the Hindu Marriage Act, 1955 has introduced a revolutionary

amendment to the shastric Hindu law. It provides for the dissolution of marriage. The
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provisions relating to divorce is contained in Sec 13 of Hindu Marriage Act, 1955.The
Act recognizes two theories of Divorce: the fault theory and divorce by mutual
consent.

Bibliography
https://www.brides.com/hindu-wedding-ceremony-rituals-traditions-4795869

https://lawcirca.com/essentials-of-hindu-marriage/

https://www.latestlaws.com/articles/analysis-of-grounds-of-divorce-under-the-hindu-marriage-act
1955/#:~:text=Under%20the%20Hindu%20Marriage%20Act%201955%2C%20section%2013(1),words%20are
%20typically%20Hindu%20grounds.

https://blog.ipleaders.in/nature-hindu-marriage-hindu-law/

https://bnblegal.com/article/marriages-under-hindu-marriage-act/

https://www.latestlaws.com/related-judgements/79/sc-judgement-on-hindu-marriage-act-1955/

https://www.legalbites.in/essential-conditions-valid-marriage/

http://www.legalserviceindia.com/legal/article-1487-conditions-for-a-valid-void-and-viodable-hindu-
marriage.html

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