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bupesh (n/a)     18 October 2007

Hindu Law - Marriage

[font=tahoma]Q: What are the ceremonies that are essential at the time of marriage?

A Hindu marriage can take place according to the customary rites and ceremonies.

The ceremony of saptapadi and kanyadana are important ceremonies prevalent among vast majority of Hindus and the ceremony of saptapadi before the sacred fire has been held essential for a valid Hindu Marriage. The saptapadi, is the most material of all the shastric rites, and the marriage becomes complete and irrevocable on the completion of the seventh step. The same has been recognized in the provisions of Section 7(2) of the Hindu Marriage Act 1955.

[/font][font=tahoma]Q. To whom the Hindu Marriage Act, 1955 is applicable?

Only if both the parties are Hindus can the marriage take place under the Hindu marriage Act.

The Act applies to :
[*][font=tahoma]Any person who is Hindu, Buddhist, Jain or Sikh by religion. [/font][/*]
[*][font=tahoma]Any person who is born to Hindu parents. [/font][/*]
[*][font=tahoma]Any person who is not a Muslim Christian, Parsi or Jew, and who is not governed by any other law. [/font][/list][font=tahoma]The Act does not apply:
[*][font=tahoma]┬╖ To persons who are Muslims, Christians, Parsis or Jews by religion. [/font][/*]
[*][font=tahoma]┬╖ To members of the scheduled tribes coming within the meaning of clause (25) of Article 366 of the Constitution of India unless the Central Government by notice otherwise directs. [/font][/list][font=tahoma]Q. What are the conditions for a valid Hindu Marriage?

A marriage to be valid has to fulfill the following conditions:

[*][font=tahoma]Neither party should have a spouse living at the time of marriage. The spouse does not include a divorced husband/ wife. [/font][/*]
[*][font=tahoma]At the time of marriage, the parties should be capable of giving a valid consent to the marriage. A person who is of a sound mind shall be considered to be a person capable to give a valid consent. Neither party, though capable of giving a valid consent should be suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children. Neither party should be suffering from recurrent attacks of insanity or epilepsy. [/font][/*]
[*][font=tahoma]The bridegroom should have attained the age of 21 years and the bride should have attained the age of 18 years at the time of marriage. [/font][/*]
[*][font=tahoma]The parties should not be within the degrees of prohibited relationships, unless the customs or usage, permits such a marriage. [/font][/list][font=tahoma]Q. When are persons treated to be under prohibited relationships?

Two persons are said to be within the degrees of prohibited relationships :
[*][font=tahoma]If one is a lineal ascendant of the other. For example a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson. [/font][/*]
[*][font=tahoma]If one was the wife or husband of a lineal ascendant or descendant of the other. For example, a son can not marry his stepmother. Similarly, a person can not marry his Daughter-in -Law or son -in-law. [/font][/*]
[*][font=tahoma]If one was the wife of the brother or of the father's or mother's brother or the grandfather's or grandmother's brother of the other. [/font][/*]
[*][font=tahoma]If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mother's brother and the first cousins are solemnized, those marriages, in the absence of a custom in the community are not valid marriages. [/font][/*]
[*][font=tahoma]A person can not marry upto his second cousin from the mother's side and upto his fourth cousin from the side of the father. It is also necessary the parties should not be apindas of each other from either side. [/font][/*][/list][font=tahoma]In case, either party has a spouse living at the time of marriage, within the degree of prohibited relationship and are apindas of each other, the marriage between the parties shall be null and void.

Q. What is the procedure for registration of Marriage?

The marriages solemnized, may be registered under the Special Marriage Act with office of the registrar, in the Hindu Marriage Register.
Registration is not compulsory and in no way effects the validity of the marriage. It is entirely upto the parties to have the marriage registered. In order to get their marriage registered, the parties to the marriage must submit 'FORM A' to the registrar in whose jurisdiction either party to the marriage has been residing for at least six months, immediately preceding the date of marriage. This form should be submitted within one month from the date of solemnization of marriage. This form should be appended with an age proof and a marriage photo. Both the parties to the marriage and the guardian, if any, must appear before the marriage Registrar personally. It should be noted that if there is a delay of above one month but up to 5 years in filing the above form, the same shall be condoned by the Sub-Registrar. Where the delay is above 5 years, the same shall be condoned by the District Registrar.



 1 Replies

SANJAY DIXIT (Advocate)     18 April 2008

Thanks for the FAQ on Hindu marriage.

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