Section 29 of the Hindu Marriage Act, 1955 - Savings
Section 29 preserves specified existing legal rights and arrangements despite the enactment of the Hindu Marriage Act, 1955. It addresses the validity of certain earlier marriages, customary and statutory rights to dissolve a marriage, proceedings pending when the Act commenced, and marriages solemnized under the Special Marriage Act, 1954.
Legal reference reviewed: 21 October 2026 | Act 25 of 1955
Section 29 - Savings: statutory provisions
Section 29(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.
Section 29(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.
Section 29(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.
Section 29(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.
Source: Hindu Marriage Act, 1955 - official India Code text.
Meaning and scope of Section 29
Section 29(1): Protection of marriages solemnized before the Act
This subsection protects an otherwise valid marriage solemnized before 18 May 1955 from being treated as invalid solely because the parties belonged to the same gotra or pravara, or to different religions, castes or subdivisions of a caste. The phrase "otherwise valid" is important: this provision does not cure every possible defect in a marriage.
Gotra commonly refers to a traditional lineage or clan designation; pravara refers to an associated ancestral or ritual lineage classification. Section 29(1) is a historical saving provision and should not be read as a general rule governing the validity of all marriages performed today.
Section 29(2): Customary divorce and special enactments
This subsection preserves a right to dissolve a Hindu marriage where that right is recognised by a legally established custom or conferred by a special enactment. It applies to marriages solemnized either before or after the Hindu Marriage Act came into force.
A custom is not merely an informal preference or a practice asserted by one party. Under Section 3(a) of the Act, a qualifying custom or usage must have been continuously and uniformly observed for a long time, have obtained the force of law among the relevant group, be certain and reasonable, and not be opposed to public policy. A family custom must also not have been discontinued.
Consequently, a party relying on customary dissolution must establish the existence and applicability of the custom and compliance with its requirements. Section 29(2) does not automatically validate a private separation or an unproved claim of customary divorce.
Section 29(3): Proceedings already pending at commencement
This transitional provision protected proceedings that were pending when the Act commenced, including proceedings seeking a declaration of nullity, annulment, dissolution of marriage or judicial separation. Such proceedings could continue and be decided under the pre-existing law as though the Hindu Marriage Act had not been enacted.
Its application is tied to proceedings actually pending at the commencement of the Act; it is not a general exemption for cases filed decades later.
Section 29(4): Marriages under the Special Marriage Act, 1954
This subsection confirms that the Hindu Marriage Act does not displace the provisions of the Special Marriage Act, 1954 for marriages between Hindus solemnized under that legislation, whether before or after the commencement of the Hindu Marriage Act.
The Special Marriage Act provides a distinct statutory framework for solemnization and related matrimonial remedies. The governing statute should therefore be identified before choosing the appropriate legal procedure.
Practical legal implications
- Earlier marriages: The protection in Section 29(1) concerns specified grounds of invalidity for marriages solemnized before the Act commenced.
- Customary dissolution: Evidence of a legally recognised custom and compliance with it may be necessary; the custom is not presumed merely because it is alleged.
- Historical litigation: Section 29(3) applies to cases pending at the commencement of the Act, rather than ordinary new matrimonial petitions.
- Marriage under another statute: A marriage solemnized under the Special Marriage Act must be assessed under that Act's applicable provisions.
Frequently asked questions
What is the purpose of Section 29 of the Hindu Marriage Act?
It preserves four categories of legal rights or arrangements: certain pre-1955 marriages, recognised customary or specially enacted dissolution rights, proceedings pending at commencement, and marriages governed by the Special Marriage Act.
Does Section 29(2) permit divorce by custom?
It preserves an existing right to dissolve a marriage through a legally recognised custom or special enactment. The person relying on the custom must establish its legal validity and application to the particular marriage.
Does Section 29(1) apply to marriages performed after 1955?
No. Its express protection concerns marriages solemnized before the commencement of the Hindu Marriage Act, 1955.
Does the Hindu Marriage Act override the Special Marriage Act?
No. Section 29(4) expressly preserves the application of the Special Marriage Act, 1954 to marriages solemnized under that Act.
Official legislation and further reading
- India Code - Hindu Marriage Act, 1955 (Act 25 of 1955)
- Official consolidated text of the Hindu Marriage Act (PDF)
- India Code - Special Marriage Act, 1954 (Act 43 of 1954)
- Hindu Marriage Act, 1955 - LawDadi guide
This article provides general legal information. The application of a customary right or a statutory provision depends on the facts, evidence and current law relevant to the particular case.