[Reader-list] universal civil code

[Rakesh Iyer]

Dear Taraprakash

Yes, there is a law which governs the marriages of Hindus, and here is the
text of this law. Then may be we can decide about the aspects which are to
be debated, if any.

Regards

Rakesh

Text:  http://www.sudhirlaw.com/HMA55.htm


*

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*
* *

*1. 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.

*2. Application of Act.*- (1) This Act applies,-

(a) 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;

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

(c) to any other person domiciled in the territories to which this Act
extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it
is proved that any such person would not have been governed by the Hindu law
or by any custom or usage as part of that law in respect of any of the
matters dealt with herein if this Act had not been passed.

Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs
by religion, as the case may be,-

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

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu,
Buddhist Jaina or Sikh by religion and who is brought up as a member of
tribe, community, group or family to which such parents belongs or belonged;
and

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

(2) Notwithstanding anything contained in sub-section (1),nothing contained
in this Act shall apply to the members of any Scheduled Tribe within the
meaning of clause (25) of Article 366 of the Constitution unless the Central
Government, by notification in the Official Gazette, otherwise directs.

(3) The expression "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.

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

(a) 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;

(b)"District Court" means, in any area for which there is a City Civil
Court, that Court, and in any other area the principal Civil Court of
original jurisdiction, and includes any other civil court which may be
specified by the State Government, by notification in the Official Gazette,
as having jurisdiction in respect of matters dealt with in this Act;

(c)"full blood"and "half blood"- two persons are said to be related to each
other by full blood when they are descended from a common ancestor by the
same wife and by half blood when they are descended from a common ancestor
but by different wives;

(d)"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;

(e)"prescribed" means prescribed by rules made under this Act;

(f)(i)"Sapinda relationship" with reference to any person extends as far as
the third generation(inclusive) in the line of ascent through the mother,
and the fifth (inclusive) in the line of ascent through the father, the line
being traced upwards in each case from the person concerned, who is to be
counted as the first generation;

(ii) two persons are said to be "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

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

(iii)if one was the wife of the brother or of the father's or mother's
brother or of the grandfather's or grandmother's brother or the other; or

(iv)if the two are brother and sister, uncle and niece, aunt and nephew, or
children of brother and sister or of two brothers or of two sisters.

Explanation.- for the purposes of clauses (f) and (g) relationship includes-

(I) relationship by half or uterine blood as well as by full blood;

(ii) illegitimate blood relationship as well as legitimate;

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

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

(a) any text,rule or interpretation of Hindu Law or any custom or usage as
part of that law in force immediately before the commencement of this Act
shall cease to have effect with respect to any matter for which provision is
made in this Act;

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

*Hindu Marriages*

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

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

(ii) at the time of the marriage, neither party,-

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

(b) 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

(c) has been subject to recurrent attacks of insanity or epilepsy;

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

(iv) 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;

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

(vi) (Omitted)

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

*7. 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.

*8. 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.

(2) 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.

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

(4) 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.

(5) 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*
* *

*9. 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.

*10. 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*
* *

*11. 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.

*12. 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:-

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

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

(c) 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

(d) 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-

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

(i) 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

(ii) 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;

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

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

(ii) 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

(iii) 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.

*13. 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-

(i) 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

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

(iii) 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-

(a) 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;

(b) 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

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

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

(vi) has renounced the world by entering any religious order; or

(vii) 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-

(i) 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

(ii) 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-

(i) 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;

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

(iii) 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

(iv) 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.- *(1)
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.

(2) 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.

*15. 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.-
*

(1) 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.

(2) 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.

(3) 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.

*17. 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.

*18. 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-

(a) 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;

(b) 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;

(c) Clause (c) omitted by Act 2 of 1978.

* *
* *

*Jurisdiction and Procedure*
* *

*19. 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:

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition,
resides, or

(iii) the parties to the marriage last resided together, or

(iv) 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.

*20. 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.

*21. 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) 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

(b) 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).

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

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

(b) 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.

(3) 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.

(2) 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.

(3) 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.

*22. 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.

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

(a) 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

(b) 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

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

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

(e) 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.

(2) 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.

(3) 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.

(4) 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.

*25. 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.

(2) 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.

(3) 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.

*26. 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.

*27. 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.

*28. 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.

(2) 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.

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

(4) 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.

*29. 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.

(2) 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.

(3) 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.

(4) 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.

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