Understanding Hindu Marriage Law in India: A Complete Guide
However, under Hindu law, there are two aspects to marriage, which include the social and religious aspects of marriage that are defined by the Hindu Marriage Act, 1955. Under this Act, who should marry? Prohibited degrees of relationships in marriages? And the importance of the customary marriage ceremony.
This guide provides you with a simple way of understanding the laws of Hindu marriage.
#1. Who is a Hindu under the Hindu Marriage Act, 1955?
This is one of the very first queries in relation to the Hindu Marriage Act as to whether the said Act will be applicable to a particular individual. Section 2 of the Hindu Marriage Act, 1955, explains the individuals to whom this Act will apply.
The Act will apply to:
• Those who are Hindus by religion
• The Buddhist community.
• The Jain community.
• The Sikh community.
All the above-mentioned religions are considered Hindus for the purpose of this Act despite having different faiths.
The Act will also apply to the following:
• Those individuals who are domiciled in India and who are not Muslims, Christians, Parsis, or Jews unless it is proved that such individuals are not governed by Hindu law or customs.
In case an individual converts to Hinduism, Buddhism, Jainism, or Sikhism, then he will be governed by the Hindu Marriage Act after his conversion.
## Whom will this Act not apply to?
This Act will not apply to:
- Muslims
- Christians
- Parsis
- Jews
All these communities are governed by their own personal laws unless some special circumstances govern the applicability of the Hindu Marriage Act. It is extremely significant to know as to whom this Act will apply, as all the rights regarding marriages, divorce, maintenance of children, and matrimonial remedies arise from this Act only.
2. Concept of Marriage According to Hindu Law
Hindu marriage is defined as the union between two persons who have been married according to the Hindu Marriage Act, 1955. Marriage is more than just a normal agreement; it establishes a relationship between two people and generates obligations and privileges for the couple.
Essential Conditions For Hindu Marriage
There are essential conditions for Hindu marriage, which are given in section 5 of the Hindu Marriage Act, as follows:
#1. Monogamous Marriage
Either of the parties should not be married earlier.
If either one of the parties was married before marriage, then such a marriage would be voidable and may amount to an offense of bigamy.
#2. Legal Age Limitation
Age limitations are as follows:
- Bridegroom – 21 years
- Bride – 18 years
It should be noted that marriage of minors will not void the marriage.
#3. Sound Mind
Both of the parties should be of sound mind and capable of giving consent.
At the time of the marriage, neither of the parties should:
- Have an unsound mind so as to be unable to comprehend the nature of the marriage.
- Have a mental disorder so as to be unfit for marriage and procreation.
- Be suffering from attacks of recurrent insanity recognized in the Act.
#4. Free Consent
Marriage must take place freely without any force and coercion.
If marriage has been made forcefully, through misrepresentation, coercion, and deceit, relief can be sought, which may include nullification of marriage.
#5. Prohibited Degrees Between The Parties
Parties should not be within the degree of prohibited relationships unless there is a valid custom allowing marriage between such parties.
Prohibited degrees include relations among blood relatives who cannot marry each other by law.
#6. Relationship of Sapinda
Parties should not be Sapindas unless there is a custom that permits the marriage of Sapindas.
What is meant by Sapindas? This is explained below
3. Definition of Sapinda Relationship
This provision aims at prohibiting marriages between individuals who have blood ties.
According to section 3(f) of the Hindu Marriage Act, “two persons are sapindas of each other if one is a lineal ascendant of the other within the specified degrees, or if they have a common lineal ascendant within the specified degrees.”
- Limitation of Degrees
According to the Act, the limitation is different on the father’s side and the mother’s side.
- Father’s Lineage
In this case, the relationship extends up to the fifth degree, taking the person into account as the first degree.
- Mother’s Lineage
Here the relationship extends up to the third degree too, taking the person into account as the first degree.
If the individuals come within these degrees, then they are Sapindas and cannot marry.
- Exception
Marriage among Sapindas is allowed only when there is some valid custom or usage applicable to both parties that allows such a marriage.
These customs should be ancient, definite, reasonable, and constant in practice.
Otherwise, no marriage among Sapindas is allowed under Hindu law.
4. Is it necessary to take SEVEN PHERAS in a Hindu marriage?
The following is one of the most popular myths regarding a Hindu marriage—it is mandatory to take seven pheras (Saptapadi) in all Hindu marriages. But the position of the law is somewhat different. According to the Hindu Marriage Act, a marriage that takes place according to the rituals and customs of the community or the party is a valid marriage. Thus, whether there is any requirement for the marriage depends upon the rituals followed by the parties to the marriage.
# What Does the Law Say?
If the custom of the party requires
- Saptapadi (Seven Steps or Seven Pheras) – then the ceremony should be taken.
If the custom of the community requires some other ceremony to be performed as an essential requirement, then only that ceremony should be performed. The law has not mandated any particular ceremony to be performed by all the Hindus in India.
# Is Registration Alone Sufficient?
NO,
It is important to register a marriage to have proof of the marriage, but the mere registration will not make a marriage valid if the ceremonies are not performed.
# Significance of Custom in Hindu Matrimonial Law
The custom has significance in Hindu marriage law. Marriage ceremonies might vary according to the region, caste, tribe, and community.
In case of a custom being
- Old,
- Consistent,
- Uninterrupted,
- Reasonable, and
- Not against public policy,
The custom could be recognized by the court in deciding whether a marriage is valid or not. Thus, the ceremony that is required in one community may be different from the other community, yet both marriages could be equally valid.
# Common Misunderstandings
Myth: All Hindu marriages should have Saptapadi.
Truth: Only if the custom requires it.
Myth: Buddhists, Jains, and Sikhs have their individual marriage laws.
Truth: In almost all cases, they come under the same marriage act as Hindus.
Myth: Close relatives may marry with mutual consent.
Truth: Such marriages are normally invalid except where the custom allows them.
👉 Frequently Asked Questions (FAQs)
# Is the Hindu Marriage Act applicable for Sikhs and Jains?
Yes, the Act is applicable for Hindus, Buddhists, Jains, and Sikhs.
# Can two Sapindas marry each other?
Only if there is a valid custom applicable to both the individuals that permit such a marriage.
# Is marriage registration compulsory?
Marriage registration is highly recommended and mandatory in certain state laws, but the marriage registration per se does not make the marriage valid where marriage has not been solemnized according to law.
# Are seven pheras necessary in all Hindu marriages?
Not necessarily; the type of ceremony required would depend on the custom applicable to the individuals. If Saptapadi is an essential custom, then it is compulsory.
# Can a person enter into marriage even when their spouse is alive?
No. Monogamy is an essential feature of a Hindu marriage. A second marriage with another person while the first wife/husband is alive is normally void unless the previous marriage has been dissolved through legal means.
👇Conclusion
The Hindu Marriage Act, 1955, is an elaborate piece of law that regulates marriages amongst Hindus in India. The law defines the persons who are eligible to get married under the Act, lays down the necessary conditions for the validity of marriage, and forbids marriage among specified consanguineous blood relations. It also acknowledges the importance of customs in marriage.
Knowing the above points will assist people to secure their rights. Seeking legal assistance prior to marriage will assist individuals to save themselves from future troubles.
!Seeking Legal Help Regarding Hindu Marriage Issues?
It is important to know about the Hindu Marriage Act, 1955; however, every case has its own set of facts and circumstances. Equitee Chamber offers expert legal help on issues regarding Hindu marriage, court marriage, marriage registration, divorce, annulment, maintenance, custody of children, domestic issues, and other aspects of family law. We assure you that our legal team will work hard to offer practical legal solutions to protect your rights in all cases. If you need competent legal help, then Equitee Chamber will serve you in a dedicated manner.