Concept of Marriage in India

As per Hindu Mythology, everything is pre destined and is already decided by almighty. The proverb Marriages are made in Heaven depicts the true essence of Indian society and its values. According to Hinduism, Marriage is considered to be a sacred bond blessed by the Divine power. Within this traditional framework reference, marriage is undoubtedly the most important transitional point in a Hindu’s life and the most important of all the Hindu life-cycle rituals. Marriage is an institution which largely depends on its basic ingredients like Love, Compatibility, Humility, Patience, Honesty, Trust and faith in each other.

Section 2 of the Hindu Marriage Act, 1955 says:

This Act applies :

  1. to any person who is a Hindu by religion in any of its forms or developments,
  2. to any person who is a Buddhist, Jain or Sikh by religion; and
  3. to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
This section therefore applies to Hindus by religion in any of its forms and Hindus within the extended meaning i.e. Buddhist, Jains or Sikh and, in fact, applies to all such persons domiciled in the country who are not Muslims, Christians, Parsi or Jew, unless it is proved that such persons are not governed by the Act under any custom or usage. The Act applies to Hindus outside the territory of India only if such a Hindu is domiciled in the territory of India

Section 5 of Hindu Marriage Act, 1995

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely

1. Neither party has a spouse living at the time of the marriage
2. At the time of the marriage, neither party-
  • is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
  • though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children;
3. The bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage;
4. The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

Similar Provisions are available under all the acts as mentioned above

Registration of Marriage

A religious marriage ceremony in India is considered to be a legal marriage. However, getting a legal registration certificate will prove your marriage valid under the court of law.

After the Judgement of Smt. Seema vs Ashwani Kumar by Hon’ble Supreme Court of India where the Supreme Court has opined that the registration of marriage should be made compulsory, there is more stress laid on the registration of marriages.

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