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HMA, 1955
Start Practicing
HMAChapter IVSection 18
Section18

Punishment for contravention of certain other conditions for a Hindu marriage

AI Assist

Summary

A person who causes a Hindu marriage despite key disqualifications can be punished. If the marriage is procured when one party still has a living spouse, punishment is rigorous imprisonment up to two years, or a fine up to Rs 1,00,000, or both. If it is procured despite incapacity to consent from unsoundness of mind or a prohibited close relationship, punishment is simple imprisonment up to one month, or a fine up to Rs 1,000, or both.

Example

Ravi marries Meera even though Ravi still has a living wife. Ravi can face rigorous imprisonment up to two years or a fine up to one lakh rupees, or both.

Bare Act

Enacted text

Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv),and (v) of section 5 shall be punishable-

  • (a) in the case of a contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both.
  • (b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;
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IV

Chapter IV

Nullity of Marriage and Divorce

In this chapter

  • 11Void marriages
  • 12Voidable marriages
  • 13Divorce
  • 13AAlternate relief in divorce proceedings
  • 13BDivorce by mutual consent
  • 14No petition for divorce to be presented within one year of marriage
  • 15Divorced persons when may marry again
  • 16Legitimacy of children of void and voidable marriages
  • 17Punishment of bigamy
  • 18Punishment for contravention of certain other conditions for a Hindu marriage
Previous · Section 17Punishment of bigamyNext · Section 19Court to which petition shall be presented