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Section 29 of The Hindu Marriage Act, 1955

(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.

Summary

This section protects the validity of marriages registered or celebrated before the Act came into force, ensuring they are not considered invalid simply because the partners belong to the same gotra or pravara (clan lineages), or belong to different religions, castes, or sub-divisions of caste.
It preserves any rights established by local customs or special laws to obtain a divorce or end a marriage, whether that marriage occurred before or after this Act was passed.
It allows any legal cases for annulment, divorce, or separation that were already ongoing in court before this Act started to continue and be completed under the older rules.
It ensures that the rules of the Special Marriage Act, 1954, still apply to marriages between Hindus that are performed under that specific law, whether those marriages occurred before or after this Act commenced.

Practical examples

1Let's say Ramesh and Sunita, who are both Hindus belonging to the same gotra (clan lineage), got married in 1952, which was before the Hindu Marriage Act was passed. In 1956, a relative tries to challenge their marriage in court, claiming it is invalid because of their shared clan. Under Section 29(1) of this marriage law, their marriage is protected and cannot be declared invalid just because they share the same gotra.

2Let's say a husband and wife, Amit and Priya, belong to a community in Kerala that has a long-standing custom allowing couples to dissolve their marriage through a simple community council process. They got married in 2010. Even though the main Hindu marriage law outlines specific court procedures for divorce, Amit and Priya can still use their community custom to end their marriage, because Section 29(2) saves and protects customary rights to divorce.

3Let's say Rajesh filed a court case for judicial separation against his wife, Kavita, in February 1955 under the old law. The new Hindu marriage law came into force in May 1955 while their case was still going on. Under Section 29(3), Rajesh and Kavita's court case can continue to be heard and decided under the old rules, exactly as if the new law had never been passed.

FAQ

1. Does Section 29 of The Hindu Marriage Act, 1955 protect marriages between different castes that happened before 1955?

Yes, Section 29(1) of The Hindu Marriage Act, 1955 clearly states that any marriage between Hindus solemnized before the Act started, which is otherwise valid, cannot be deemed invalid simply because the parties belonged to different castes, sub-castes, or different religions.

2. Can I still get a divorce using my community's custom under Section 29 of The Hindu Marriage Act, 1955?

Yes, Section 29(2) of The Hindu Marriage Act, 1955 preserves any right recognized by custom or granted by any special law to obtain the dissolution of a Hindu marriage, whether the marriage was performed before or after this Act came into force.

3. What happened to marriage separation court cases that were already running when The Hindu Marriage Act, 1955 was passed?

Under Section 29(3) of The Hindu Marriage Act, 1955, any legal proceedings for declaring a marriage null, or for annulling, dissolving, or judicial separation that were pending when the Act began are not affected. They can continue and be decided under the previous laws as if this Act had not been passed.

4. Does The Hindu Marriage Act, 1955 apply to marriages registered under the Special Marriage Act, 1954?

No, Section 29(4) of The Hindu Marriage Act, 1955 specifies that nothing in this Act affects the provisions of the Special Marriage Act, 1954, for marriages between Hindus that are performed or registered under that specific law.

Test yourself

Q1.Under Section 29(1) of The Hindu Marriage Act, 1955, what is the status of an otherwise valid Hindu marriage performed in 1950 if the partners belong to the same gotra?

Q2.If a Hindu couple married in 2015 wishes to end their marriage using an established local custom rather than filing for divorce under Section 13, how does Section 29(2) of The Hindu Marriage Act, 1955 apply?

Q3.Suppose a wife filed a petition for judicial separation in April 1955, and the husband filed a counter-claim after The Hindu Marriage Act, 1955 came into force in May 1955. Under Section 29(3) of the Act, how must the court handle this pending proceeding?

Q4.If two Hindus choose to solemnize their marriage in 2026 under the Special Marriage Act, 1954, how do the conditions and grounds for divorce in The Hindu Marriage Act, 1955 affect them?

Q5.Under Section 29(1) of The Hindu Marriage Act, 1955, how does the Act treat a pre-1955 marriage between two Hindus who belonged to different subdivisions of the same caste?

28APreviousSection 28A Enforcement of decrees and orders.30NextSection 30 [Repealed.].

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