Last Updated: May 2026
The Hindu Marriage Act 1955 (HMA) is a foundational personal-law statute and a recurring source of legal-reasoning passages on CLAT. It governs marriage, restitution of conjugal rights, judicial separation, divorce, nullity and maintenance for Hindus, Buddhists, Sikhs and Jains. With recent Supreme Court rulings on irretrievable breakdown and parens patriae jurisdiction, expect 1–2 CLAT 2027 passages built around HMA fact-patterns.
HMA at a Glance — Quick Facts
| Element | Position |
|---|---|
| Statute | Hindu Marriage Act, 1955 (in force 18 May 1955) |
| Total sections | 29 |
| Applies to | Hindus, Buddhists, Jains, Sikhs (Section 2) |
| Minimum age | Bridegroom 21, Bride 18 (Section 5(iii)) |
| Marriageable degrees | Sapinda relationship and prohibited degrees barred (Section 5(iv)(v)) |
| Divorce grounds | Section 13 (general), Section 13B (mutual consent) |
| Cooling-off period for 13B | 6 months (waivable per Amardeep Singh v. Harveen Kaur, 2017) |
Conditions of a Valid Hindu Marriage — Section 5
- Neither party has a spouse living at the time of marriage (monogamy).
- Neither party is incapable of giving valid consent due to unsoundness of mind.
- Bridegroom 21 years, bride 18 years.
- Parties not within prohibited degrees of relationship unless custom permits.
- Parties not sapindas of each other unless custom permits.
Violation of clauses (i), (iv), or (v) makes the marriage void under Section 11. Violation of clause (ii) makes it voidable under Section 12. Violation of clause (iii) — minimum age — does not automatically void the marriage but attracts criminal punishment under the Prohibition of Child Marriage Act 2006.
Grounds for Divorce — Section 13
Either spouse may petition for divorce on the following grounds:
- Adultery — voluntary sexual intercourse with a person other than the spouse
- Cruelty — physical or mental cruelty (the most-litigated ground)
- Desertion for at least 2 continuous years
- Conversion to another religion
- Unsoundness of mind of incurable nature
- Virulent and incurable form of leprosy (deleted by 2019 amendment)
- Venereal disease in communicable form
- Renunciation of the world by entering a religious order
- Presumption of death — not heard of for 7 years
Section 13(2) gives the wife four additional grounds: husband’s pre-Act bigamy, rape/sodomy/bestiality by husband, decree for maintenance, and repudiation of marriage solemnised before age 15.
Section 13B — Mutual Consent and the 6-Month Waiver
Introduced in 1976, Section 13B allows divorce where parties have lived separately for one year and mutually agree. The 6-month “cooling-off” period was held directory not mandatory in Amardeep Singh v. Harveen Kaur (2017) — courts may waive it where reconciliation is impossible.
Irretrievable Breakdown — A Constitutional Bench Position
In Shilpa Sailesh v. Varun Sreenivasan (2023), a 5-judge Constitutional Bench held that the Supreme Court can dissolve marriage on grounds of irretrievable breakdown using its Article 142 powers, even though the HMA does not list it as a ground. CLAT 2027 will likely test this nuance.
Maintenance under HMA — Sections 24 & 25
- Section 24 — Maintenance pendente lite (during pendency of proceedings)
- Section 25 — Permanent alimony at the time of decree or any time thereafter
Both sections are gender-neutral — either spouse can claim. The 2024 Supreme Court ruling in Rajnesh v. Neha standardised the affidavit-of-assets format across all maintenance proceedings.
25 Practice MCQs — Hindu Marriage Act for CLAT 2027
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Frequently Asked Questions
What is the difference between void and voidable marriage under HMA?
A void marriage (Section 11) is a nullity from the beginning — bigamous, sapinda, or within prohibited degrees. A voidable marriage (Section 12) is valid until annulled — typically for impotence, lack of consent, pre-marriage pregnancy by another, or fraud.
Can the 6-month cooling-off period in mutual consent divorce be waived?
Yes. Amardeep Singh v. Harveen Kaur (2017) held the period directory, not mandatory. Courts may waive it where reconciliation is impossible and parties have lived apart for the requisite period.
Is irretrievable breakdown a ground for divorce under HMA?
Not under the statute. But the Supreme Court in Shilpa Sailesh v. Varun Sreenivasan (2023) held that the Court may dissolve marriage on this ground using Article 142 powers.
Can the husband claim maintenance from the wife?
Yes. Sections 24 and 25 are gender-neutral. A husband who is unable to maintain himself and whose wife has sufficient means can claim maintenance.
Continue Your CLAT 2027 Prep
- Pair this with our guide on the Indian Contract Act 1872 — Free Consent and Capacity
- CLAT Gurukul’s Daily Practice Engine
- CLAT 2027 FAQ
- Free CLAT Mock Test
Bottom line for CLAT 2027: Memorise the five conditions of Section 5, the nine grounds in Section 13(1) plus four wife-only grounds in 13(2), and three landmark cases — Amardeep Singh, Shilpa Sailesh, and Rajnesh v. Neha.
