Monday, 20 June 2022

Hindu Marriage Act, 1955

 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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