Sep 4, 2020 12:06 UTC
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Sep 4, 2020 at 14:48 UTC
Study Notes: Conditions for a valid Hindu Marriage
Introduction
Hindu religion is said to be blessed with many scripts, customs, and rituals that are given importance by Hindu society and culture. But to trace back Hinduism we need to look back to times when rishis and pundits used their skills to teach students the essence of Hinduism and reasons behind all its Customs.
Speaking of marriages, Marriages are considered to be sacred institutions In India. According to Hinduism, Marriages are made in heaven and that it should last to seven Lifetimes.
Thus we have had a Long History and Evolution of Hinduism and its culture; the article shall discuss the Hindu Marriage Act Further.
The Hindu Marriage Act is a result of the Hindu Code Bill. The Act was enacted by Parliament in the year 1955, to amend and to codify marriage between Hindus.
The Act plays as a guide for Hindus for a systematic marriage and provides various rights as required. The Act is applicable to all the Hindus including Sikhs, Buddhists, and Jains by religion.[1] The Act previously was not applied to the State Of Jammu and Kashmir but by virtue of The Jammu And Kashmir Hindu Marriage Act 1980, made it possible.
As per the Act, there are certain conditions laid down as to the Validity of Marriages. These conditions are provided U/S 5 and U/S 7 of the Act. According to this Act, the marriage is considered to be Valid only If both parties to a marriage are Hindus as per the given sections, If either of the Party is not Hindu, Then the marriage will not be a valid one.
Hindu Marriage
Various essential conditions that are necessary for a valid Hindu Marriage[2] as provided in the act are:
- Neither party should have a spouse living at the time of marriage.
- Neither Party to be incapable of giving valid consent.
- Either of them should not be unfit for marriage as to unsoundness of mind or so.
- The Age of Bride & groom should be above 18yrs and 21yrs at the time of marriage respectively.
- The Parties should not be within the prohibited relationship unless the customs or usage governing each of them permits for a marriage.
Further, the acts provide for certain ceremonies and rituals that are to be performed during Hindu Marriages. (Section 7)
The Ceremonies and rituals that are performed during Marriage are considered Essential, which includes Yajna, Saptapadi, Kanyadaan. Each of these has meaning in ancient Puranas and writings by saints. Therefore, For a Valid Hindu Marriage, this is considered important.
Hindu marriage could also be solemnized in accordance with the customary rites of either party satisfied.
In Rabindra Nath v state[3], the Calcutta High Court reiterated that if a customary ceremony is prevalent on the side of either party, its performance will be enough for the validity of the marriage. Customary ceremonies may not include anyone of Shastric ceremonies. Where the rites and ceremonies include the “Saptapadi” (the taking seven steps by the bride and therefore the groom jointly around the sacred fire), the wedding becomes complete and binding when the seventh step is taken.
All Customary rites included the Saptapadi (That is taking seven steps by the bridegroom and the bride jointly before the Sacred Life). According to Court in S Nagalingam V/S Shivagami[4] Saptapadi is a ritual for the validity of Hindu Marriage in the Case of a Second Marriage[5].
The Court gave an extension to the validity of Hindu Marriage as under:
1. A Hindu marriage could also be solemnized in accordance with the customary rites of either party (groom or bride).
2. Even an easy ceremony of exchanging garlands, tying mangalsutra, or putting a ring upon the finger is sufficient to constitute a legitimate Hindu marriage.
The Validity Of Marriage was also questioned in the case where a person remarries without dissolving the first marriage. Sarla Mudgal V/S Union Of India[6] where the court held that “Till the time a Hindu Marriage is Dissolved under the Act none of the Spouse can contract a second marriage”.
The Act further provides for the process and registration of Hindu marriage. (Section 8)
After the Solemnization Of Hindu Marriage, it is Necessary that Such Marriage is to be registered through the procedure as laid down under the Act. It allows a state government to make rules for registration of Hindu marriages particular to that state, particularly with respect to recording the particulars of marriage as may be prescribed in the Hindu Marriage Register. The Hindu Marriage Register provides written proof or evidence of marriage which is open for inspection at all reasonable times and it is admissible as evidence in a court of law. Initially, registration was not mandatory but in Seema V/S Ashwani Kumar[7] Court stated the importance of registration as to women’s rights Child’s legitimacy, and Couple’s Rights overall and also made Registration Compulsory in every religion. A prescribed Time Period has been provided of 15days after solemnization of marriage for the purpose of Registration. The Condition as set for the Registration Of Marriage Under Hindu Marriage Act is that both the Parties must be Hindus, if either party is non-Hindu, The Marriage would be registered under the Special Marriages Act.
Conclusion
The Hindu Marriage Act only recognizes the solemnization of marriage only between the binary genders (male & female). In a recent development, the Madras High Court set a historical precedent in Arunkumar and Seerja v. Inspector General of Registration, and others[8] held that a properly solemnized marriage between a male and a transwoman will be valid under the Hindu Marriage Act, 1955 and is bound to be registered. Transgender would be seen as “Bride” under the said Act.
This article has discussed all Conditions, requirements, and processes for a Valid Marriage under the Hindu Marriage Act, 1955. After fulfilling these Conditions the Husband & wife are bound to certain rights and duties which are provided further in the Act.
[1] Sec 2(b)
[2] Sec 5.
[3] 1969 Cal, 58.
[4] 2001 7 SCC 487.
[5] Swapna Sanand, Hindu Marriage Act: Marriage Without Taking Saath Pheres?, Available at https://www.financialexpress.com/lifestyle/hindu-marriage-act-married-without-taking-saath-pheras-find-out-if-your-marriage-is-legally-valid/1579979/, Last seen on 10/08/2020.
[6] AIR 1995 SC.
[7] AIR 2006 SC 1198.
[8] W.P. (MD) NO. 4125 OF 2019
