Hindu Marriage Act Section 29 — Savings
General
Summary
A marriage between Hindus that took place before this Act began will not be considered invalid just because the couple belonged to the same gotra or pravara, or because they were from different religions, castes, or sub-divisions of the same caste, as long as the marriage was otherwise valid. This Act does not take away any right to end a Hindu marriage that is recognised by custom or given by a special law, whether the marriage happened before or after this Act started. Any legal case to declare a marriage void, annul or dissolve a marriage, or get a judicial separation that was already pending when this Act began can continue as if this Act had never been passed. This Act also does not affect the rules of the Special Marriage Act, 1954 for marriages between Hindus performed under that Act, whether before or after this Act started.
Official Text
(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 1. Subs. by Act 68 of 1976, s. 18, for certain words (w.e.f. 27-5-1976). 2. Subs. by s. 18, ibid., for “it shall rescind the order” (w.e.f. 27-5-1976). 3. Ins. by Act 49 of 2001, s. 9 (w.e.f. 24-9-2001). 4. Subs. by Act 68 of 1976, s. 19 (w.e.f. 27-5-1976). 5. Subs. by Act 50 of 2003, s. 5, for “period of thirty days” (w.e.f. 23-12-2003). 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.