Hindu Marriage Act, Section 29: Savings
1. Exact Code
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 recognized 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.
2. Explanation
Section 29 of the Hindu Marriage Act, 1955, deals with the saving provisions of the Act. This means it ensures that the Act does not invalidate previously existing marriages or impact existing legal processes regarding marriage dissolution. Here’s a breakdown of each subsection:
- Subsection (1): This section protects marriages solemnized before the commencement of the Act, ensuring they remain valid regardless of whether the parties belonged to the same gotra or pravara (lineage) or belonged to different religions, castes, or sub-castes. This effectively nullifies any potential challenges to such marriages based on these factors.
- Subsection (2): This subsection clarifies that the Act doesn’t affect the existing customary or statutory rights to obtain dissolution of a Hindu marriage, whether the marriage occurred before or after the Act came into force. This preserves the validity of pre-existing legal avenues for divorce or dissolution based on custom or specific laws.
- Subsection (3): This subsection ensures that ongoing legal proceedings regarding marriage nullification, annulment, dissolution, or judicial separation, which were initiated before the Act came into force, are not affected. These cases can continue as if the Act never existed.
- Subsection (4): This subsection clarifies that the Act doesn’t affect the validity of marriages between Hindus solemnized under the Special Marriage Act, 1954, regardless of whether the marriage occurred before or after the Hindu Marriage Act came into force. This ensures smooth operation and recognition of marriages performed under the Special Marriage Act.
3. Illustration
Imagine a couple, Ram and Sita, who were married in 1950 according to Hindu customs. At that time, their marriage was considered valid even though they belonged to the same gotra. After the Hindu Marriage Act came into effect in 1955, Section 29(1) ensures that their marriage remains valid and is not invalidated simply because they share the same gotra. This section protects pre-existing marriages from being declared invalid retroactively due to new legal provisions.
4. Common Questions and Answers
Q: Does this section mean that all marriages before 1955 are automatically valid?
A: No, this section only protects marriages that were valid according to existing law and customs at the time of their solemnization. It does not validate marriages that were considered invalid under the law at the time of their performance.
Q: If a marriage was invalid under the old law but later became valid under the Hindu Marriage Act, does this section apply?
A: This section only protects marriages that were valid from the beginning, not those that gained validity later due to a change in the law.
Q: Does this section apply to marriages between Hindus and non-Hindus?
A: This section specifically addresses marriages between Hindus, and its provisions regarding different religions apply only to marriages between Hindus, not those involving non-Hindus.
