The Hindu Marriage Act codifies the law of marriage, divorce and related matters for Hindus, Buddhists, Jains and Sikhs, replacing the earlier fragmented personal law customs with a uniform statutory framework, and remains the primary law governing Hindu marriages in India today.
Section 5 lays down the conditions for a valid Hindu marriage, including monogamy, minimum age (21 for groom, 18 for bride), and mental capacity to consent. Section 7 recognises marriage solemnised according to customary rites and ceremonies, including the saptapadi (seven steps).
Section 13 lists grounds for divorce including cruelty, desertion for 2 years, adultery, conversion, mental disorder, and irretrievable breakdown grounds developed through case law. Section 13B allows divorce by mutual consent after living separately for at least 1 year, with a mandatory 6-month cooling period (waivable by courts in appropriate cases).
Section 24 and 25 provide for maintenance pendente lite (during proceedings) and permanent alimony respectively, ensuring the financially weaker spouse isn’t left destitute, while Section 26 addresses custody and welfare of children from the marriage.