section 377 based

Does the definition of marriage under Hindu Marriage Act 1955 mean only between a ‘man’ and a ‘bride’?

Yes, marriage as per HMA, 1955, happen between a man and a woman.
Section 377, IPC, 1860, has been repealed by the hon'ble SC of India. However, yet same s*x marriage isn't yet legally recognized in India. Special Marriage Act, 1954, has no provision for the same s*x marriage.


Under the Hindu Marriage Act, A marriage may be declared void if it contravenes any of the following:

  1. Either party is under age.The bridegroom should be of 21 years of age and the bride of 18 years.
  2. Either party is not of a Hindu religion. Both the bridegroom and the bride should be of the Hindu religion at the time of marriage.
  3. Either party is already married. The Act expressively prohibits polygamy. A marriage can only be solemnized if neither party has a living spouse at the time of marriage.
  4. The parties are sapindas or within the degree of prohibited relationship.

Here the term parties clearly means that the parties have to be a man and a woman as it states “bridegroom” and “bride”.

Hope this answers your query!


Palak Singh





Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum



Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x