Digest Hindu Marriage Act

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*Hindu Marriage Act, 1955, S.5* - Marriage a Christian lady with a Hindu - Children born out of such marriage are not Hindu as religion of such children is to be fixed by the religion to which the mother belongs.
2004(1) Civil Court Cases 423 (Kerala)

*Hindu Marriage Act, 1955, S.5* - Marriage of a Christian female with a Hindu male - They cannot marry legally each other except after conversion by either of the spouses.
2014(1) Civil Court Cases 532 (A.P.) (DB)

*Hindu Marriage Act, 1955, S.5* - Marriage of a Christian lady with a Hindu is not a valid marriage under Hindu Marriage Act as under Hindu Marriage Act marriage can be solemnised only between two Hindus.
2004(1) Civil Court Cases 423 (Kerala)

*Hindu Marriage Act, 1955, S.5* - Second marriage during subsistence of first marriage performed prior to enforcement of Hindu Marriage Act, 1955 is not illegal or void.
2004(2) Civil Court Cases 625 (P&H)

*Hindu Marriage Act, 1955, S.5* - Second marriage with consent of first wife - Protects from penal action of bigamy but does not validate second marriage.
1994(2) Civil Court Cases 467 (Orissa)

*Hindu Marriage Act, 1955, S.5* - Two children - Custody - Of one given to father and the other to mother - Divorce petition pending - Husband as well as wife claiming custody of both the children. Held, that father is the natural guardian and he should not be displaced unless proved that the custody of the child is not safe in the hands of the father. Held, further that since the child is below the age of 5 years custody is rightly given to the mother - Simply because the mother is a working woman the custody & guardianship of mother cannot be taken away - Both the appeals dismissed.
1987 Civil Court Cases 140 (Delhi)

*Hindu Marriage Act, 1955, S.5, Evidence Act, 1872, Ss.50, 114* - Marriage - Valid marriage - Can be decided not only on the basis of evidence adduced by parties but also on the basis of conduct of the parties - There is a presumption of a valid marriage having regard to the fact that they had been residing together for a long time and has been accepted in the society as husband wife, could also be drawn - Presumption of valid marriage is rebuttable and it is for the other party to establish the same.
2009(4) Civil Court Cases 219 (S.C.)

*Hindu Marriage Act, 1955, S.5, Evidence Act, 1872, S.114* - Presumption of marriage - May arise even on proof of prolonged cohabitation.
2017(Suppl.) Civil Court Cases 189 (Madras) (DB)

*Hindu Marriage Act, 1955, S.5, Special Marriage Act, 1954, S.15* - Registration of marriage - On the date of marriage one of the parties not of marriageable age - Marriage has to be registered if parties complete the age of 21 years at the time of registration of marriage and satisfy all other requirements of law.
2013(4) Civil Court Cases 423 (P&H)

*Hindu Marriage Act, 1955, S.5(i)* - Marriage - Validity - First respondent claims to be the wife of deceased employee - No evidence to show that there is divorce between her and her earlier husband - Marriage between first respondent and the deceased is therefore hit by S.5(i) of the Act and as such cannot be treated to be the wife of the deceased.
2002(3) Civil Court Cases 148 (A.P.)

*Hindu Marriage Act, 1955, S.5(i)* - Second marriage in between same spouses - First marriage registered in Singapore and second marriage, in between same spouses, solemnized in India - Second marriage in between same spouses does not contravene the provision of S.5(1) of the Act as term "spouse living at the time of marriage" in S.5(i) can only be interpreted as a spouse other than the one with whom the marriage is to be solemnized and is a spouse with whom a marital tie has been established in an earlier marriage - Voidness of marriage for the reason of violation of the stipulations in S.5(i) and its nullity, will be attracted only in a case where the marriage is solemnized when an earlier spouse in an earlier marriage is living.
2016(2) Civil Court Cases 174 (Kerala) (DB)