Essential features of the Hindu Marriage Act, 1955

1. Forbidding bigamy: The law forbids a man from having multiple wives at the same time. Section 5 of the Act specifies that it is illegal to have two living wives at once, which is known as bigamy. It implies that one cannot get married to someone else without first divorcing their spouse (divorce). If he does the act, it is unlawful and he will be penalised in accordance with Sections 494 and 495 of the Indian Penal Code, 1860.
2. Marriageable age prescribed: The time frame for getting married is set forth by legislation. According to Section 5 (iii) of the Hindu Marriage Act of 1955, the bridegroom must be at least 21 years old and the bride must be at least 18 years old when they get married. If a marriage is not carried out, it is void and has no legal standing.
3. Act of 1955 intends to protect the party’s marriage: The restitution of conjugal rights is provided for in Section 9 of the 1955 Act. Restitution of conjugal rights refers to the right to remain together. Conjugal rights are defined as rights deriving from a marital tie. The main idea of Section 9 is that a spouse has the right to cohabitate in order to safeguard their union and preserve its sanctity.
4. Focus on the mental stability of parties getting married: A person’s marriage will be null and void if they were mentally unfit when they were hitched. The individual must also offer legally binding consent before becoming married. The prerequisites of Hindu marriage related to mental health and capacity are stated in Section 5(ii)(a),(b),(c).
5. Significance of ceremonies involved in marriage: The law states that if two people get married using the customary rituals and rights, their marriage is lawful. The father must take care of and safeguard any children born after marriage because they are legally entitled to exist.

Changes brought in by Hindu Marriage Act, 1955 in the Indian territory

The following changes were brought in by the Hindu Marriage Act, 1955 concerning the way marriages in India were perceived during the time of colonialism under the Britishers: 

1. Hindu marriages today are less focused on religion. In contrast to being sacramental, it is more the outcome of mutual accord [Sections 5(ii), (iii), 11 to 13, and 7].
2. Hindu, Jains, Sikh, and Buddhist unions are now legally recognised as legitimate Hindu unions (Section 2).
3. The difference between the Mitakshara and Dayabhaga schools about the phrase “prohibited degrees of relationship” for the purpose of marriage has been eliminated per Section 3. The Smritis’ strong prohibition on marriage inside the bounds of a Sapinda relationship has been greatly loosened. There have also been a few new degrees of kinship added. So, one can no longer wed someone who was the wife of the other’s brother.
4. The Act marks the first time monogamy has been practised among Hindus. The Indian Penal Code, 1860 currently has a penalty for bigamy. The provisions of Sections 5 and 17 of the 1955 Act show how significantly the rules and prerequisites for a legitimate marriage have been simplified.
5. Now that caste factors for inter-caste and inter-community marriages have been rendered irrelevant, all prohibitions thereto have been lifted.
6. Although the ancient Hindu law did not specify an age limit for marriage, it is now a requirement that both the bridegroom and the bride have reached the age of 18. (Section 5).
7. The Act now establishes requirements for legal marriage and does not recognise any specific type of Hindu marriage (Section 5).
8. The Act does not specify a specific ceremony for a legal Hindu marriage. According to Sections 5 and 7, such a marriage may be performed in line with the customary rights and rituals of either one of the parties.
9. For the first time, a provision for registering Hindu marriages has been made (Section 8).
10. Before the Act, a variety of marital arrangements were popular. They are now irrelevant, and the only type of marriage recognised by the parties as being prevalent in their culture will be marriage (Section 7).
11. The Act provides for judicial separation, divorce, and marriage annulment while removing prohibitions based on gotra, pravara, and Sapinda relationships (Sections 10 to 14).
12. Provisions for recovery of the parties’ marital rights (Section 9).
13. Following a legal divorce, either spouse may remarry (Section 15).
14. Provisions for the validity of children born from unions may later be deemed null, void, or voidable (Section 16).
15. Provisions for spousal maintenance pendente lite and for court costs (Section 24).
16. Lifetime alimony and support (Section 25).
17. The care, support, and instruction of young children while legal processes are pending as well as after a ruling has been made (Section 26).
18. The Act no longer distinguishes between a maiden’s marriage and a widow’s marriage.

Applicability of the Hindu Marriage Act, 1955

Section 2 of the Hindu Marriage Act of 1955 provides that the Act applies:

1. To anyone who practises Hinduism in any of its manifestations, including Virashaivas, Lingayats, and adherents of the Brahmo, Prarthana, or Arya Samaj;
2. To anyone who practises Buddhism, Jainism, or Sikhism as a religion; and
3. Unless it is demonstrated that any such person would not have been subject to Hindu law or to any customs or usages that are part of that law in respect of any of the matters dealt with herein if this Act had not been passed, it shall apply to any other person residing in the territories to which this Act extends who is not a Muslim, Christian, Parsi, or Jew by religion.

The Act was considered conservative because it included other religions (Jains, Buddhists, or Sikhs) as defined under Article 44 of the Indian Constitution while applying to everyone who is Hindu by religion in any of its manifestations. However, Sikhs now have their own unique law regarding marriage thanks to the 2012 passage of the Anand Marriage (Amendment) Bill. Therefore, unless it is proven that such persons are not covered by the Act under any custom or usage, this Section applies to Hindus by religion in any of its forms, as well as Hindus within the extended meaning, such as Buddhists, Jains, or Sikhs. In fact, it applies to all such persons domiciled in the country who are not Muslims, Christians, Parsis, or Jews. The Act only applies to Hindus who are residents of Indian territory and who are not otherwise.

Hindus by religion 

Hindus by religion signify the following: 

1. Those who practise the original religions of Buddhism, Judaism, Hinduism, or Jainism.

Any person who is a Hindu, Jain, Buddhist, or Sikh by religion is a Hindu if:

• He practises, professes, or follows any of these religions; and
• He continues to be a Hindu even if he does not practise, profess, or follow the tenets of any one of these religions. 

This was correctly stated by the Supreme Court in Chandrasekhar v. Kulandaivelu (1962). Therefore, a person does not stop being a Hindu if they become atheist, disagrees with or departs from the core principles of Hinduism, falters in their observance of orthodox customs, adopts a western lifestyle, or consumes beef.

2. Those who had previously converted to the religions of the Hindus, Jain, Sikhs, or Buddhists.

A person who loses their Hindu identity by converting to a non-Hindu religion will regain their Hindu identity if they revert to one of the four Hindu religions.

It is also to be noted that a non-Hindu can become a Hindu by means of conversion in the following ways:

1. If he goes through the official conversion or reconversion ritual required by the caste or group to which he converts or reconverts.
2. If he exhibits a sincere desire to convert to Hinduism and acts in a way that makes that desire clear, as well as if he is accepted as a member of the group he was welcomed into.

Furthermore, if a person genuinely says that he adheres to the Hindu faith without any ulterior motives or intentions, this amounts to his acceptance of the Hindu understanding of God. When he converts, he becomes a Hindu.

Hindus by birth

A person shall be a Hindu by birth under contemporary Hindu law if:

1. He was raised as a Hindu by one of his parents who is a Hindu or
2. Both of his parents are Hindus.

Regardless of whether the child is legitimate or not, they are Hindu.

If both or one of the parents convert to a different religion after the child is born, the child will still remain a Hindu unless the parents decide to exercise their parental rights and also convert the child to the new faith. 

In Maneka Gandhi v. Indira Gandhi (1984), the Apex Court determined that Sanjay Gandhi was a Hindu for the following reasons:

1. His mother was a Hindu, one of the parents, and
2. He was raised as a Hindu openly.

If the Central Government does not specify differently by publication in the official gazette, nothing in this Act shall apply to members of any Scheduled Tribe (even if they are Hindus). The majority of the scheduled tribes still follow their traditional laws.