11. Void marriages.—Any marriage solemnised after the commencement of this Act shall be null
and void and may, on a petition presented by either party thereto 2
[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) of
section 5.
12. Voidable marriages.—(1) Any marriage solemnised, 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:—
3
[(a) that the marriage has not been consummated owing to the impotence 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 4
[was required under section 5 as it stood immediately before the commencement of the
Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was
obtained by force 5
[or by fraud as to the nature of the ceremony or as to any material fact or
circumstances 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 solemnised before the
commencement of this Act within one year of such commencement and in the case of marriages
solemnised 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 6
[the said ground].
1. Subs. by Act 68 of 1976, s. 4, for sub-section (1) (w.e.f. 27-5-1976).
2. Ins. by s. 5, ibid. (w.e.f. 27-5-1976).
3. Subs. by s. 6, ibid., for clause (a) (w.e.f. 27-5-1976).
4. Subs. by Act 2 of 1978, s. 6 and Schedule, for “is required under section 5” (w.e.f. 1-10-1978).
5. Subs. by Act 68 of 1976, s. 6, for “or fraud” (w.e.f. 27-5-1976).
6. Subs. by s. 6, ibid., for “the grounds for a decree” (w.e.f. 27-5-1976).
7
13. Divorce.—(1) Any marriage solemnized, whether before or after the commencement of this 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—
1
[(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
2
[(iii) has been incurably of unsound mind, or has been 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
includes 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]
3* * * * *
(v) has 4* * * been suffering from venereal 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; 5***
6* * * * * *
7
[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 wilful neglect of the petitioner by the other party to the
marriage, and its grammatical variations and cognate expressions shall be construed accordingly.]
8
[(1A) 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 9
[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 9
[one year] or upwards after the passing of a decree for restitution of conjugal rights in a
proceeding to which they were parties.]
1. Subs. by Act 68 of 1976, s. 7, for clause (i) (w.e.f. 27-5-1976).
2. Subs. by s. 7, ibid., for clause (iii) (w.e.f. 27-5-1976).
3. Clause (iv) omitted by Act 6 of 2019, s. 5 (w.e.f. 1-3-2019).
4. Certain words omitted by s. 7, ibid. (w.e.f. 27-5-1976).
5. The word “or” omitted by Act 44 of 1964, s. 2, ibid. (w.e.f. 20-12-1964).
6. Clauses (viii) and (ix) omitted by s. 2, ibid. (w.e.f. 20-12-1964).
7. Ins. by Act 68 of 1976, s. 7 (w.e.f. 27-5-1976).
8. Ins. by Act 44 of 1964, s. 2 (w.e.f. 20-12-1964).
9. Subs. by Act 68 of 1976, s. 7, for “two years” (w.e.f. 27-5-1976).
8
(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 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
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or
1
[bestiality; or]
2
[(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956
(78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973
(2 of 1974) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898
(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;
(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 Laws (Amendment) Act, 1976 (68 of 1976).]
STATE AMENDMENT
Uttar Pradesh
Amendment of section 13 of Act XXV of 1955.—In sub-section (1) of section 13 of the Hindu Marriage
Act, 1955,--
(a) after clause (i) the following new cause shall be inserted and shall be deemed always to have
been inserted;
“(i-a) has persistently or repeatedly treated the petitioner with such cruelty as to cause a
reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the
petitioner to live with the other party ;or”, and
(b) for clause (vii), the following clause shall be substituted and shall be deemed always to have
been substituted;
“(viii) has not resumed cohabitation after the passing of a decree for judicial separation against
that party and—
(a) a period of two years has elapsed since the passing of such decree, or
(b) the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part
of the other party; or”.
[Vide Uttar Pradesh Act XIII of 1962, s. 2]
3
[13A. Alternate relief in divorce proceedings.—In 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.
1. Subs. by Act 68 of 1976, s. 7, for “bestiality” (w.e.f. 27-5-1976).
2. Ins. by s. 7, ibid. (w.e.f. 27-5-2976).
3. Ins. by s. 8, ibid. (w.e.f. 27-5-1976).
9
13B. 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 (68 of 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 not 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 meantime, 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 a marriage by a decree of divorce, 1
[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 4
[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 the petitioner obtained leave to present the petition by any misrepresentation 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 2
[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 3
[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 4
[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 5
[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.
6* * * * * *
7
[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 child is born before or after the commencement
of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is
granted in respect of that 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.
1. Subs. by Act 68 of 1976, s. 9, for certain words (w.e.f. 27-5-1976).
2. Subs. by s. 9, ibid., for “expiry of three years” (w.e.f. 27-5-1976).
3. Subs. by s. 9, ibid., for “expiration of the said one year” (w.e.f. 27-5-1976).
4. Subs. by s. 9, ibid., for “expiry of three years” (w.e.f. 27-5-1976).
5. Subs. by s. 9, ibid., for “said three years” (w.e.f. 27-5-1976).
6. Proviso omitted by s.10, ibid. (w.e.f. 27-5-1976).
7. Subs. by s. 11, ibid., for s. 16 (w.e.f. 27-5-1976).
10
(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, 1860 (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 to be solemnized under this Act in contravention of
the conditions specified in clauses (iii), (iv), 1
[and (v)] of section 5 shall be punishable—
2
[(a) in the case of contravention of the condition specified in clause (iii) of section 5, with
rigorous imprisonment which may extend to two years or with fine which may extend to one lakh
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; 3* * *