Section 29 HMA: Savings

Hindu Marriage Act, 1955

Section 29 HMA at a Glance

Section 29 HMA saves specific marriages, rights, and cases from being affected by the Hindu Marriage Act, 1955. It covers certain earlier Hindu marriages, customary or special enactment dissolution rights, pending cases, and Hindu marriages under the Special Marriage Act, 1954.

Section 29 HMA Bare Act Text

29. Savings.

(1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or sub-divisions of the same caste.

(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.

(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.

(4) Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, 1954 (43 of 1954) with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act.

Section 29 HMA in Simple Words

Section 29 HMA is a savings provision that keeps four categories of marriages, dissolution rights, and legal proceedings from being affected by the Hindu Marriage Act, 1955. Under Section 29(1) HMA, an otherwise valid marriage solemnized between Hindus before the commencement of the Act is not treated as invalid, or as ever having been invalid, solely because the parties belonged to the same gotra or pravara, or belonged to different religions, castes, or sub-divisions of the same caste.

Under Section 29(2) HMA, nothing in the Act affects any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage. While Section 13 HMA sets out grounds for divorce under the Act, Section 29(2) HMA preserves these customary and special enactment dissolution rights whether the marriage was solemnized before or after the commencement of the Act.

Under Section 29(3) HMA, the Act does not affect any proceeding pending at the commencement of the Act under any law then in force for declaring a marriage null and void, for annulling or dissolving a marriage, or for judicial separation. Any such pending proceeding may be continued and decided as if the Hindu Marriage Act, 1955 had not been passed.

Under Section 29(4) HMA, nothing in the Act affects the provisions of the Special Marriage Act, 1954 (43 of 1954) regarding marriages between Hindus solemnized under that Act, whether solemnized before or after the commencement of the Hindu Marriage Act, 1955.

When Section 29 HMA Applies

  • Earlier Hindu marriages (Section 29(1) HMA): the marriage was solemnized between Hindus before the Act commenced and is otherwise valid, protecting it against invalidity based solely on shared gotra or pravara or different religions, castes, or sub-divisions of the same caste.
  • Customary or special enactment dissolution (Section 29(2) HMA): a right to obtain the dissolution of a Hindu marriage is recognised by custom or conferred by a special enactment, whether the marriage was solemnized before or after the Act commenced.
  • Pending matrimonial proceedings (Section 29(3) HMA): a proceeding for declaring a marriage null and void, annulling or dissolving a marriage, or judicial separation was pending at the commencement of the Act under a law then in force.
  • Special Marriage Act marriages between Hindus (Section 29(4) HMA): the marriage between Hindus was solemnized under the Special Marriage Act, 1954, whether before or after the Hindu Marriage Act, 1955 commenced.

Example of Section 29 HMA

Omkar and Sneha are two Hindus living in Bhagalpur who solemnized a marriage under the Special Marriage Act, 1954. Years later, a matrimonial dispute arises between the husband and the wife. One spouse contends that because both parties to the marriage are Hindus, the Hindu Marriage Act, 1955 alters the Special Marriage Act, 1954 rules governing the marriage. Under Section 29(4) HMA, nothing in the Hindu Marriage Act, 1955 affects the provisions of the Special Marriage Act, 1954 with respect to a marriage between Hindus solemnized under that Act, whether before or after the HMA commenced. As a result, the provisions of the Special Marriage Act, 1954 governing Omkar and Sneha's marriage remain unaffected by the Hindu Marriage Act, 1955.

When Section 29 HMA Does Not Apply

  • Section 29(1) HMA protects a marriage solemnized between Hindus before the Act commenced only where the marriage is otherwise valid and the validity of the marriage is questioned solely on the ground of shared gotra or pravara or different religions, castes, or sub-divisions of the same caste.

FAQs on Section 29 HMA

What is Section 29 HMA?▼

Section 29 HMA is the savings provision of the Hindu Marriage Act, 1955. It preserves specified Hindu marriages solemnized before the Act commenced, customary and special enactment dissolution rights, pending matrimonial proceedings, and Hindu marriages under the Special Marriage Act, 1954.

Does the Hindu Marriage Act, 1955 take away a customary right to dissolve a Hindu marriage?▼

No. Under Section 29(2) HMA, nothing in the Act affects any right recognised by custom or conferred by a special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the Act commenced.

Does the Hindu Marriage Act, 1955 affect a marriage between two Hindus solemnized under the Special Marriage Act, 1954?▼

No. Section 29(4) HMA provides that nothing in the Hindu Marriage Act, 1955 affects the provisions of the Special Marriage Act, 1954 for marriages between Hindus solemnized under that Act, whether before or after the HMA commenced.

Was a Hindu marriage solemnized before the Act commenced invalid solely because the parties belonged to the same gotra or different castes?▼

No. Under Section 29(1) HMA, an otherwise valid Hindu marriage solemnized before the Act commenced is not treated as invalid, or as ever having been invalid, only because the parties belonged to the same gotra or pravara or to different religions, castes, or sub-divisions of the same caste.

What happened to matrimonial proceedings that were pending when the Hindu Marriage Act, 1955 commenced?▼

Those pending proceedings remained unaffected by the Act. Under Section 29(3) HMA, any pending proceeding for nullity, annulment, dissolution, or judicial separation under a law then in force could be continued and decided as if the HMA had not been passed.

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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·