Marriage is considered to be one of the 16 samskars of the Hindus. A woman is considered to be ardhangini that is the better half of men who completes him in every aspect. The Indian constitution is also making this sacred alliance much stronger with the insertion of Hindu Marriage Act 1955.
Hindu Marriage Act demarcates the rights and responsibilities of the two spouses. This is an amazing representation of the Sastrik laws governing Hindu marriages. Hindu Marriage Act is an amendment of the Sastrik laws with adding separation and divorce to the whole concept.
Applicability of Hindu Marriage act
India is a sovereign country where people of all religions resides in. And Hindu being the most prevalent population throughout the country. The marriage laws and ceremonies differ for different religions. And Hindu dharma is a whole culture in itself for which marriage is considered as the purest and strongest bond among two individuals.
Hindu Marriage Act, 1955 is a legal document which encapsulates all the Hindu marriage ceremonies and related processes. Now you must be thinking who all will fall under this act and who is a Hindu. The act will be applicable to:
- One who is Hindu by origin or by any means (Lingayat, follower of Arya Smaj, Prarthna, or Brahmo.
- Person belonging to Jain, Buddhism, or Sikh dharma.
- Person who is not Muslim, Christian, Persian, or Jew.
- Any person belonging to Hindu religion domiciled in territories and is governed by Hindu law.
Nature of Hindu marriage
- Hindu marriage is a sacrament
- Is a contract
- Is a unique blend of the above two mention points
Condition of valid marriage
- Single marriage:-More than one marriage is prohibited under Hindu law and is null and void with an imposed punishment of 7 years. The declaration of nullity of marriage can be asked by the spouse of the 2nd marriage.
- Mental capacity– Any party to marriage should not be of unsound mind, i.e he/she should not have any mental disorder or insanity.
- Age– The bride should not be less than 18 years and groom should be at least 21 years. If this condition is not fulfilled the marriage is neither void nor voidable, the marriage is valid but punishable under section 18 with imprisonment of 2 or more years, fine or both.
- Prohibited degrees– Marriage within prohibited degrees cannot be solemnized unless the custom allows so, the marriages which are not allowed according to customs is void.
Ceremonies to marriage
A hindu marriage may be validly performed by the following 2 methods:
- Shastric – includes1) kanyadan, 2) paani graham,3) vivah human,4) saptpadai.
- Customary formalities -as defined under the various accepted customs.eg. Chadarandaazi., anandkaraj act as per the Anandkaraj Act 1909
Legal consequences of a valid marriage:
- Status of Husband-wife: – After the marriage is solemnized according to Hindu customary laws, a status of husband and wife is given to the partners. They both then possess the inheritance rights, immigration rights etc.
- Legitimacy of children: – Following the customary traditions, if two partners are married, children born during the wedlock will be a legitimate child and will have all the rights in parent’s possession.
- Mutual rights and obligations:-After the partners have been married then they are bound by the Mutual rights and obligation towards each other, like husband has duty to maintain and take care of his wife.
Registration of marriage
Although no particular section of Hindu Marriage Act, 1955 deals with registration of marriage but the importance of it was highlighted in case of:
In case of Ashwani v. Seema
The court stated that it irrespective of any religion the registration of marriage is must. The said decision of Supreme Court was the first step towards UCC.
Registration of marriage is done under the Hindu marriage act and a certificate of a marriage solemnized according to the norms of Hindu marriage act can be registered at a local registrar office for instance for a marriage solemnized in Chandigarh, it can be registered at Chandigarh registrar office.
We offer here a complete assistance in registering a marriage solemnized according to Hindu customary laws and traditions. Our team of practitioner lawyers is highly skilful and committed towards handling the civil cases and marriage matters. We understand the sacredness of this alliance completely and therefore assist people in marriage registration under Hindu Marriage Act in Chandigarh.
In Words of R.N.Sharma,
“marriage is a religious sacrament in which men and women are bound in permanent relationship for physical, social and spiritual purposes of dhrama and procreation and sexual pleasures.”