Hindu Marriage Act, 1955
According to Hindu Marriage Act, 1955, it applies to all the people who are
Hindu by religion or in any of its forms like Brahmo and Prarthana of Arya
Samaj. It also extends to people who are Buddhist, Jain and Sikh by religion.
They are also included in this. The purpose for this establishment of Hindu
Marriage Act, 1955 which is one of the three acts which were made as part of
the Hindu Code Bills was to review the law f marriage among Hindu and others
who come in this. It also included the provision of divorce. It was helpful for all
the sections of Hindus, Buddhists and Sikhs as it brought uniformity. Also, this
is only meant for Hindus and for people who are clearly mentioned because this
is a personal law and differs from religion to religion. No Muslims and
Christians are included in this as they have different personal laws which
govern them.
Analyzing the Sections of Hindu Marriage Act, first is the Section 5 which
states “ A marriage may be solemnized between any two Hindus, if the
following conditions are met:
a) No party has a spouse or already living in the institution of marriage.
b) Both the parties are capable of giving a valid consent without any
unsoundness of mind.
c) If a valid consent is there when the person is suffering from the mental
disorder and unsoundness of mind then that would not be regarded as a
valid consent and will be unfit for marriage.
d) Both the parties to the marriage should have fulfilled the criteria of age of
21 years.
e) There should not be presence of any prohibited relationship unless and
until there is a custom or tradition which permits them to so. But if any
kind of that sort is present it will be considered as wrong and both the
individuals will be incapable of a lawful marriage.
f) Both the individuals should not be sapindas of each other unless the
custom or tradition permits them to do so”.
Section 6 of the Hindu Marriage Act mentions the guardianship for marriage.
When the consent of the guardian is required that is the mother and father then
it should be present. It was repeated in 1978 after the Child Marriage Restraint
Amendment Act was passed which increased the minimum age of girls for
marriage.
Section 7 of the Hindu Marriage Act, 1955 takes recognition of the customs and
ceremonies which follow the marriage. It takes all the traditions and customary
rites into account which also includes Saptapadi which is taking seven rounds of
the sacred fire by the bridegroom without which it will not be recognized.
As per the Section 8 of the Hindu Marriage Act, it mentions of the registration
of Hindu marriages by both the parties. It is made for the purpose of facilitating
the proof of Hindu Marriages where all the rules are laid before the State
Legislature.
Therefore, Hindu Marriage Act, 1955 Act was established for facilitating the
institution of marriage for Hindus. It also provides the provision of separation
also. Also, Buddhists, Jains and Sikhs are also included in this.
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