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Hindu Marriage Act

The Hindu Marriage Act was established in 1955 to amend and codify the   law  relating to marriage among Hindus.

Reason

Its reason was to regulate personal life among Hindus, especially their institution of marriage, its validity, conditions for in-validity, and applicability.

Applicability

The bill was viewed as conservative, but it was also modern in the sense that it recognizes the modern offshoots of the Hindu religion (Jains, Buddhists) as specified in Article 44 of the Indian Constitution.

Outlook

According to the tenets of Hinduism, marriage is a sacred relationship, a sacrament, and a divine covenant meant for procreation and continuation of family lineage.

In the traditional Hindu system of marriage, there is no role for the state as marriage remained a private affair within the social realm.

Within this traditional framework reference, marriage is undoubtedly the most important transitional point in a Hindu’s life and the most important of all the Hindu sanskaras, or life-cycle rituals.

Circumstances

The circumstances of marriage are specified in Section 5 as follows:

(i)   The Act expressively prohibits polygamy by stipulating that a Hindu marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage

(ii)     The age of eligibility is fixed at 21 years of age for bridegrooms and 18 years of age for brides; and finally, the Act specifically prevents marriages between prohibited degrees of relationships.

Custody

Section 6 of the Hindu Marriage Act specifies the guardianship for marriage. Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent are the following: the father; the mother; the paternal grandfather; the paternal grandmother; the brother by full blood; the brother by half blood; etc. The Guardianship for Marriage was repealed in 1978 after the Child Marriage Restraint Amendment was passed.

 Ceremonies          

Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party. Such rites and rituals include the Saptapadi—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.                                                                          

Registration of Hindu Marriages 

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any of such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (i), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (ii) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

 

Hindu Divorce     

Divorce can be sought by husband or wife on certain grounds, including: adultery, cruelty, desertion for two years, religious conversion, mental abnormality, venereal disease, and leprosy.

A wife can also present a petition for the dissolution of marriage on if the husband marries again after the commencement of his first marriage or if the husband has been guilty of rape, sodomy, or bestiality.

It does permit one spouse to separate if he/she is unhappy, despite the fact that marriage is held to be divine, if he/she can prove or identify the circumstances that have made the union untenable.

Newly married couples cannot file a petition for divorce within one year of marriage.

Upcoming Future

As of late, there has been a realization that Hindu marriage, as a central element of society, cannot be subjected to legislative intervention; this realization has led to legislative inaction and a refusal by the state to get involved in the regulation of Hindu marriage. Derrett predicted in his later writings that despite some evidence of modernization, the dominant view in Hindu society for the foreseeable future would remain that marriage is a form of social obligation.