Hindu marriage act

The Hindu marriage even if not registered will be held valid for all purpose if the condition under section 5 of the Hindu Marriage Act,1955 have been followed by the parties to marriage. The party whose consent for marriage was obtained by force or fraud can seek annulment of marriage under section 12(1)(C) of the Act.

However for seeking dissolution of marriage by decree of divorce under section 13 of the Act the party has to wait for one year from the date of marriage as section 14 of the Act prevent that.

The Proof of marriage can be wedding card, photographs and witness to the marriage that the Family Court in India recognises for all legal purposes therefore without registration and valid marriage certificate too the marriage can be proved.

The parties who have gone through ceremonies of Hindu marriage according to customary rites have to seek the decree of divorce or nullity from the district family court in India and they cannot move out just like that even if the marriagewas forced on them.

Mrs Renuka Choudhury Thank you for your valued respons and prompt response. Yes I agree that there was nobody pointing a gun to her head. I had already advised her well before her marriage that she should have the ability to say no or the strategies that she can use to avoid or delay the process. What she tells me is that her own mum is very domineering and that whatever she says she ends up doing it. She says that if I were to delay then my family meaning parents will start looking for other boys and she feels that she has run out of options of saying no. Before this Hindu marriage rituals took place she was introduced to another boy and was asked by her parents too agree with him and to further the cause of marriage. She met him once only and 4 days later her parents arranged a Roka cerimony. After this she started to communicate with this new proposed many marriage partner. The tactic that she was using was that she did not wanted to marry this person and as a result she was not talking openly. after 2 weeks this proposed partner arrangements collapsed. Then within days they arranged a new person (previously arranged with this person 3 years ago, but this person wanted money from the girls father that's why it was on hold). At the same time this person has been phoning her on a regular basis but she was not agreeing with his conditions. Conditions were: 1. That she helps him pay office 15 lakh loan. 2. That she stays with his mum and dad whilst he works about 300 kilometres away from his parents. He has been staying away and living with a made up so called sister who has two sons. These were the reasons why she did not get married to him (at that time) because she did not want to live with his parents and pay off the loan. Because of the fact that she was getting engaged to someone else he suddenly changed his mind regarding loan and staying with parents. Therefore within days the parents agreed to get their daughter married to the previous person. During this interim period of 2 or 3 years she formed a relationship with someone else (the parents would not approve of this plus the fact she never ask them, because this person is of a different cast) that's why she decided not to get married with this person. But did so to please her parents. The parents are of the opinion that it is Besti (disrespect) within the community, if she does not marry of our own choice. Please provide further advice if you are able to do so. I very much of value your opinion and judgement.

Word 'office' should read 'of'. Sorry for simple mistakes.

Hindu scripttures have provisions for marriage, but no provision for divorce. Provision for divorce for Hindus were made by an Act of Parliament in 1955. Hence only a court can grant divorce. But if your friend, a woman, wants separation only, she can always do that. But if she gets separated where will she stay? Her parents would not support her. If you support her she can live in your house. If she gainfully earns, she can hire a house and stay there. The possible legal consequences are that her husband may file an application for restoration of conjugal rights and the court may order her to stay with him. But if she refuses no one can do anything. No one can be compelled to stay with another person whether married or otherwise. She need to seek a divorce only if she wants to marry again. He may seek divorce if he wants to marry again. Anyway divorce would be something which is at least one year away.

In order to force a person into an unwanted marriage it is not essential to point a gun at his/her head. Sometimes circumstances can be such that one may succumb to other kinds of pressures. This is a problem with arranged marriages and more often it happens to females. Often in arranged marriages the future husband and wife are not even able to meet and talk to each other.