Class 16 J24 RPDF Hindu Marriage Act

Marriage Laws in India
Features of the Hindu Marriage Act :
1. Legal Recognition and Regulation:

• The Act provides legal recognition to Hindu marriages and regulates various
aspects of marital relationships. It defines the conditions for a valid Hindu
marriage, such as the age of marriage, consent, and absence of prohibited
relationships (Section 5). This ensures that Hindu marriages are conducted
within the bounds of the law
• 2. Monogamy and Prohibition of Polygamy: The Act upholds monogamy as

the general rule for Hindu marriages, allowing only one spouse at a time.
While polygamy is generally prohibited, certain customary practices may
permit it in specific circumstances (Section 5(i)). However, it's important to
note that polygamy is not widely accepted or practiced within the Hindu
community in contemporary times.
3. Registration of Marriages:
• The Act recognizes the importance of marriage registration. Although
registration is not mandatory in all states, it is encouraged to establish legal
proof of the marriage and avail of various social and legal benefits associated
with it. Voluntary registration is allowed under the Act (Section 8), providing
a means to officially document the marriage.
4. Divorce and Dissolution of Marriage:
• The Act includes provisions for divorce and the dissolution of Hindu
marriages. It recognizes both fault-based and no-fault divorce. Fault-based
grounds for divorce include adultery, cruelty, desertion, conversion to
another religion, and mental illness (Section 13). The Act also allows for
divorce by mutual consent, where both parties agree to end the marriage
amicably (Section 13B). These provisions provide legal recourse to individuals
facing irretrievable breakdowns in their marriages.
5. Maintenance and Financial Support:
• The Act addresses the issue of maintenance or financial support for spouses and
dependent children. It ensures that both the wife and children are provided with
adequate financial support for their maintenance (Section 25). This provision aims to
safeguard the rights and well-being of dependent family members in case of
separation or divorce.
6. Property Rights and Inheritance:

• The Act recognizes the equal property rights of married women. It grants wives the
right to claim their share in both ancestral and acquired property of their husbands.
The Act ensures that married women are not deprived of their rightful share in case of
the death of their spouse (Sections 14 and 15). This provision promotes gender
equality and protects the interests of women within the institution of marriage.
7. Child Custody and Guardianship: The Act addresses the crucial matter of child
custody and guardianship. It prioritizes the welfare and best interests of the child in
determining custody arrangements (Section 26). Factors such as the child's age, gender,
and overall well-being are taken into account to ensure their proper care and
upbringing.
Hindu Marriage Act, 1955
This Act applies—
• (a) to any person who is a Hindu by religion in any of its forms or

developments, including a Virashaiva, a Lingayat or a follower of the
Brahmo, Prarthana or Arya Samaj,
• (b) to any person who is a Buddhist, Jaina or Sikh by religion.

S.5. Conditions for a Hindu marriage
A marriage may be solemnized between any two Hindus, if the following conditions
are fulfilled, namely:
1. Monogamy: Neither party has a spouse living at the time of the marriage;
2. Condition of sanity:
This provision virtually prohibits the marriage of the following persons
• 1. Those who are suffering from unsoundness of mind because of which their
consent to marriage cannot be recognized by the law.
• 2. Those who are suffering from mental disorder of kind and extent which is unfit
for marriage and procreation of children even if they give consent for the
marriage and
• 3. Those having recurrent attacks of insanity.
3. Age of the parties:
• The bride must have reached the age of 18 and the groom must have reached
the age of 21 years at the time of marriage. A person below these age limits is a
minor. And whose marriage is prohibited by law.
• Nevertheless, A minor's marriage is not void but as per Section 18 of the Act, a
minor who procures his or her marriage will be guilty of an offence punishable
with rigorous imprisonment up to two years & fine.
4. Prohibited degrees in Marriage:

• The parties are not within the degrees of prohibited relationship unless the
custom or usage governing each of them permits a marriage between the two.
5. Sapinda relationship:
• This condition for marriage under Section 5 is that parties should not be each
other sapindas as defined in Section 3(f) of the Act.
Provisions Related To Prohibited Relations:
Section 3(g) of the Hindu Marriage Act, 1955 states persons under prohibited
relationship are:
• The parties are not within the degrees of prohibited relationship unless the
custom or usage governing each of them permits a marriage between the
two;
• (Relatives whom a person is not allowed to marry) Section 3(g) of the Act
mentions such relatives, who in short, will include the following relatives
• 1. Linear ascendants and descendants and their former spouses
• 2. Paternal and maternal uncles and aunts, their children,
• 3. Siblings, full, half, or Uterine blood, and their children.
3(f) Sapinda relationship
• i) “sapinda relationship” with reference to any person extends as far as the

third generation (inclusive) in the line of ascent through the mother, and the f
ifth (inclusive) in the line of ascent through the father, the line being traced
upwards in each case from the person concerned, who is to be counted as
the first generation;
• (ii) two persons are said to be “sapindas” of each other if one is a lineal
ascendant of the other within the limits of the sapinda relationship, or if they
have a common lineal ascendant who is within the limits of sapinda
relationship with reference to each of them;
• If the person having a spouse (living at the time of marriage and not divorced) marries again, he/she is
guilty of Bigamy under Section 17 of the Hindu Marriage Act,1955. Such marriage is declared void
under Section 11 of the Hindu Marriage Act, 1955.
• The person, guilty of the offence of Bigamy is liable for punishment under Section 494 and 495
I.P.C(Section 82 of BNS) which may extend to seven years and fine.
“Hindu can have only one marriage subsisting at a time”
Case laws:
Smt. Yamuna Bai Anant Rao Adhav v. Anant Rao Shiva Ram Adhav
Supreme Court has laid down that in the event of breach of first condition specified in Section 5(1) the
marriage is rendered as null and void under section 11(1) of the Act and since it is void ab initio, the
wife cannot claim maintenance under section 125 of Code of Criminal Procedure Code.
Sarla Mudgal & Others v. U.O.I (A.I.R 1995)

Husband Converted into a Muslim by adopting Islam, then married another wife. Here the question was
whether after conversion the first marriage is annulled or it becomes void and whether the husband
commits an offence of Bigamy. The court held that the first marriage subsists and the husband
commited the offence of Bigamy.
Solemnisation
• Section 7( 1) of the Act says that marriage may be solemnized with cutomary rights
and ceremonies of either party.
• Where such rites and ceremonies include the Saptapadi (that is, the taking of seven
steps by the bridegroom and the bride jointly before the sacred fire), the marriage
becomes complete and binding when the seventh step is taken.
• If any other ceremonies are followed by the custom of either party’s family, the
marriage can be lawfully solemnized in that ceremony.
• Examples of the ceremonies that are accepted for valid solemnization of marriage are:
Saptapadi, Kanyadaan, Sagai, Homa, Panigrahana, Mangalasutra and Sindoor etc.,
• What is necessary is that the ceremony, either on the bride’s side or on the groom’s,
must be necessary and of the utmost importance to solemnize or complete a
marriage.
• In the case Surjit Kaur vs. Garja Singh (1993), Supreme Court held that living together
for a long time without any performance of holy ceremonies would not constitute a
valid marriage.
Divorce under Hindu Marriage Act

Class 16 J24 RPDF Hindu Marriage Act

Uploaded by

Copyright:

Available Formats

Class 16 J24 RPDF Hindu Marriage Act

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Class 16 J24 RPDF Hindu Marriage Act

Uploaded by

Copyright:

Available Formats

Marriage Laws in India

Features of the Hindu Marriage Act :

1. Legal Recognition and Regulation:

• 2. Monogamy and Prohibition of Polygamy: The Act upholds monogamy as

6. Property Rights and Inheritance:

This Act applies—

• (a) to any person who is a Hindu by religion in any of its forms or

• (b) to any person who is a Buddhist, Jaina or Sikh by religion.

4. Prohibited degrees in Marriage:

• i) “sapinda relationship” with reference to any person extends as far as the

“Hindu can have only one marriage subsisting at a time”

Sarla Mudgal & Others v. U.O.I (A.I.R 1995)

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.