A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or even 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 subdivisions of the same caste.
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.
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.
Nothing contained in this Act shall be deemed to affect the provisions contained in the Special Marriage Act, (43 of 1954) with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act.
Legal Commentary & Landmark Judgments: Section 29
Section 29 contains vital statutory savings protecting existing rights, recognizing the legal validity of customary divorces obtained outside court, and preserving pending proceedings and Special Marriage Act options.
Whenever a spouse sets up an out-of-court divorce deed (chhut-chhutti, talaq-e-bidat equivalent, or panchayat fariqati), invoke Section 29(2). Challenge the deed by demanding proof of ancient custom, past instances of community enforcement, and compliance with public policy under Section 23.