Important changes brought about by the Hindu 1955, and subsequent

Amendment Act, 1976.

Changes made by Hindu Marriage Act, 1955 —The Act effected radical
changes in the law of marriage of Hindus. It brought uniformity in the Hindu
Law of Marriage, by codifying it. The Act has been given an overriding effect,
as a result of which the texts, rules and customs, which are in contravention to
the present Act, stand abrogated. The characteristic changes brought about by
the Act are as under:
1. Monogamy - Act has introduced monogamy. U/s. 5 of the Act, it has been
stated-that a marriage becomes null and void, if at the time of marriage, either
party to marriage has living spouse.
2. Prohibition of Bigamy - Bigamy has not only been prohibited, but has been
made an offence punishable under the Indian Penal Code (and now the BNS).
3. Inter-caste Marriages Allowed - The Act has retrospectively permitted inter-
caste marriages. U/s 29 of the Act, the marriages between persons of different
castes, which were affected before the commencement of the present Act have
also been declared as valid.
4. Marriages Between Persons of Same Gotra Legalised - Marriage between the
persons belonging to the same Gotra has been legalised. The Act has given a
clear definition of the word Sapinda and has thereby abolished the distinction
between the Mitakshata and Dayabhag schools about sapinda relationship. It has
also clearly defined the prohibited degree of relationship for the purpose of
marriage.
5. Minimum Age of Marriages is Fixed - The minimum age of marriage for the
bridegroom and for the bride has been fixed as 21 years and 18 years
respectively after the- Child Marriage Restraint Amendment) Act, 1978.
6. Introduction of New Matrimonial Reliefs - The Act has introduced some new
matrimonial reliefs like restitution of conjugal rights, judicial separation, nullity
of marriage and divorce under certain conditions and circumstances.
7. Provision for Registration of Marriage - The Act has made provisions for the
registration of Hindu marriage. It does not provide for any particular form of
marriage, but if the rites and ceremonies include Saptapadi then the marriage is
 complete and binding when the seventh step is taken jointly by the parties
before the scared fire.
8. Right to Claim Alimony' Pendente lite & Maintenance - The Act has allowed
the right of claiming alimony pendente lite and also permanent maintenance by
either of the spouse having no source of income.
9. To Make the Children of Void & Voidable Marriages Legitimate - The Act
confers legitimacy to children born of void and voidable wedlock so as to
enable them to inherit the property of their Parents.
10. Right for Disposal of Property Conferred - The right for disposal of property
presented at or about the time of marriage, which may belong jointly to husband
and wife, has also been conferred upon parties by this Act.

Changes Brought out by the Marriage Laws (Amendment) Act, 1976:

1. The most important of the change is perhaps the introduction of
Section13-B, which provides for divorce by mutual consent of both the
parties. This provision was been given a retrospective effect and is
applicable to marriages whether solemnised before 27th May, 1976, the
date on which the Marriage laws (Amendment) Act, 1976 became
effective or thereafter.
2. Section 21-B is inserted with a view to expedite the trial of petitions
made under the Hindu Marriage Act. The new provisions require the trial
court to continue matrimonial proceedings from day-to-day until its
logical conclusion. It also requires the courts to conclude trial as
expeditiously as possible within the six months from the date of service
of notice of the petitions on the respondent. The proceedings in appellate
court are also required to be completed within a period of three months
from the date of service of notice of appeal on the respondent.
3. Divorce has been further liberalised by the Amendment Act of 1976. Prior
to this Act a party to marriage could seek divorce on the ground of
adultery only where the other party was living in adultery. It was very
difficult to establish the case of living in adultery. Now a single act of
voluntary sexual intercourse with any person other than his or her own
spouse has been made a ground of divorce.
4. The period of three years which was required to elapse before a Petition
could be presented for divorce on the grounds that the other party had
been incurably of unsound mind or had been suffering from incurable
form of leprosy or venereal discase in a communicable form has been
dispensed with.
5. The minimum period of two years which was required to elapse after a
decree for judicial separation or for restitution of conjugal rights without
reconciliation, has been reduced to one year.
6. All such legislative defects that existed in Section 16 have been removed
and the matrimonial remedies have been simplified.
7. A new section 23-A has been introduced by the Amendment Act, 1976
which is intended to give relief to the respondent in divorce and other
proceedings.
8. Several amendments were introduced with a view to advancing the theory
of 'breakdown of marriage' as a ground of divorce, e.g.. non-resumption
of cohabitation after a maintenance decree, which ground is available to
either party bringing divorce and separation at par and introducing the
ground of divorce by mutual consent, etc.

The Law Commission in its 71st Report forwarded a Report to the

Government on the question whether irretrievable breakdown of marriage
should be introduced as a ground of divorce into the Hindu Marriage Act,
1955 and recommended a new S. 13-C that "irretrievable Breakdown of
marriage should be a good ground for the grant of decree of divorce under
the Act.