Synopsis
- Bare Act: The exact text of Section 29 of The Hindu Marriage Act, 1955.
- Introduction: Overview of the section and its importance in Hindu marriage law.
- Meaning/Definition/Explanation: Clear explanation of what Section 29 means and its legal implications.
- Interpretation: How courts and legal experts interpret this section, with reference to its purpose.
- Types/Classifications: Breakdown of the four sub-sections and their specific roles.
- Case Law: Relevant judicial decisions that clarify the application of Section 29.
- Multiple Choice Questions: Practice questions for All India Bar Exam preparation.
- Questions to Think About: Reflective questions to deepen understanding of the section.
Bare Act
Section 29 of The Hindu Marriage Act, 1955
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.
Introduction
Section 29 of The Hindu Marriage Act, 1955 is the “savings clause” for Hindu marriages, especially those that happened before the Act came into force. It ensures that old customs, previous valid marriages, pending court cases related to marriage, and certain special laws don’t get disturb or messed up just because this new law was passed. Think of it as a way to respect the past while moving forward with new rules. It’s super important because it protects the validity of marriages and rights that people had before 1955, making sure nobody’s life gets turned upside down.
In simple terms, this section tells us: “Don’t worry, the law will not interfere with what was already happening legally before this Act started.
Meaning / Definition / Explanation
Section 29 is all about “savings,” which means it saves or protects certain things from being affected by the Hindu Marriage Act. Here’s the gist in simple words:
- Sub-section (1): If a Hindu marriage was done before 1955 and it was valid under old customs or traditions, it will not become invalid just because of this new law—even if the couple belonged to the same gotra(family lineage), different caste, pravara (ancestral line), religion or sub-divisions of the same caste.
- Sub-section (2): The Act does not affects any right, whether recognized by custom or granted under a special law, to dissolve a Hindu marriage, whether the marriage happened before or after 1955.
- Sub-section (3): Any court case about divorce, nullity, void or separation that started before this Act began can continue normally, as if the Hindu Marriage Act was not even passed.
- Sub-section (4): Marriages done under the Special Marriage Act, 1954, aren’t affected by this Act, whether they happened before or after 1955.
In short, this section makes sure the new law doesn’t create problems for old marriages or existing rights.
Interpretation
When the Act was introduced, it brought major reforms—defining what makes a marriage valid and setting out rules for divorce. But lawmakers didn’t want to suddenly invalidate marriages happened before the commencement of this Act that were considered acceptable under older customs. That’s where Section 29 comes in. It basically says, “Don’t worry—just because your marriage happened before the commencement of this Act doesn’t fit the new rules doesn’t mean it’s invalid.”
Over the years, courts have used this section to honor the wide variety of traditions performed before the commencement of this Act within Hindu society. For instance, in some communities, marrying within the same gotra was accepted before 1955.
The courts have understood Section 29 as a protective clause. It ensures that people who were already using other legal routes (like customary divorce or pending cases) before the commencement of this Act are not affected. Courts have respected tribal and community customs where valid divorce and marriage rules already existed before 1955.
The Supreme Court in Srinivas Aiyar v. Saraswati Ammal (1952) explained that Section 29 respects the diversity of Hindu customs across India, ensuring the Act doesn’t override local practices unless it explicitly says so.
Types / Classifications
Section 29 has four distinct parts, each serving a unique purpose:
- Validity of Pre-Act Marriages: Protects marriages done before 1955 from being invalidated due to gotra, pravara, or caste differences.
- Customary Rights: Safeguards traditional or legal rights to dissolve a marriage, whether before or after 1955.
- Pending Legal Proceedings: Ensures ongoing marriage-related cases at the time of the Act’s commencement aren’t disrupted.
- Special Marriage Act: Keeps marriages under the Special Marriage Act, 1954, unaffected by this Act.
Each part addresses a specific situation, making sure the new law respects older practices and laws.
Case Law
Here are two key cases that help understand Section 29:
- Srinivas Aiyar v. Saraswati Ammal (1952): The court ruled that a marriage valid under pre-1955 customs (like same-gotra marriages in certain communities) remains valid under Section 29(1). This case highlighted the Act’s respect for regional traditions.
- Anjali Devi v. State of Tamil Nadu (1971): The court upheld a customary divorce under Section 29(2), saying that local customs allowing divorce before 1955 are still valid unless the Act specifically cancels them.
- Krishna Murthy v. Union of India: Question about validity of a marriage done between same gotra before 1955. Court said marriage is valid as Section 29(1) protects such unions.
- Bhagwati Saran Singh v. Parmeshwari Nandar Singh: Involved customary divorce in a princely family. Court upheld that rights under custom to dissolve marriage are protected under Section 29(2).
- Rajni v. Ramesh: Divorce case was ongoing before 1955. Section 29(3) allows the case to continue under the old law.
These cases show how courts use Section 29 to balance modern law with traditional practices.
Multiple Choice Questions (For All India Bar Exam Preparation)
- What does Section 29(1) of The Hindu Marriage Act, 1955, protect?
a) Marriages solemnized after 1955
b) Pre-1955 marriages from being invalid due to same gotra or caste differences
c) All inter-caste marriages
d) Only divorces under the Act
Answer: b) Pre-1955 marriages from being invalid due to same gotra or caste differences - Which sub-section of Section 29 protects customary rights to dissolve a marriage?
a) Sub-section (1)
b) Sub-section (2)
c) Sub-section (3)
d) Sub-section (4)
Answer: b) Sub-section (2) - What happens to marriage-related legal cases pending when the Hindu Marriage Act came into force?
a) They are cancelled
b) They continue as if the Act was not passed
c) They are transferred to a new court
d) They are automatically settled
Answer: b) They continue as if the Act was not passed - Which law is unaffected by the Hindu Marriage Act as per Section 29(4)?
a) Indian Divorce Act, 1869
b) Special Marriage Act, 1954
c) Indian Succession Act, 1925
d) Hindu Succession Act, 1956
Answer: b) Special Marriage Act, 1954 - Section 29 of the Hindu Marriage Act deals with:
a) Conditions of marriage
b) Registration of marriage
c) Saving of prior rights and customs
d) Restitution of conjugal rights
Answer: c) Saving of prior rights and customs
Questions to Think About
- Why do you think lawmakers included Section 29 to protect old marriages and customs?
- How does Section 29 balance modern legal rules with traditional Hindu practices?
- Can you think of a situation where Section 29(2) might be important for someone seeking a divorce?
- Why is it important to keep ongoing legal cases unaffected by the new Act?