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Writer's picturethelila500
Apr 6, 20233 min read

Hindu Marriage Act And Its Purpose In India ?

True marriage entails embracing a new status with accompanying obligations that are accepted by others. Marriage is recognized as a universal institution in every community. Marriage is one of the most significant and complex human relationships. Hindu marriage regulations were formalized and put into practice in 1955.


Hindu marriage, restitution of conjugal rights, judicial separation, divorce, annulment of marriage, maintenance, and guardianship are all covered by the Hindu Marriage Act of 1955, which was passed by the legislature. The conditions for a Hindu marriage are covered in Sections 5 and 7 of the Hindu Marriage Act of 1955. In addition to detailing recent changes to the Hindu Marriage Act of 1955, this article provides an overview of it.

Purpose.


The main objective of the Act was to modernize and codify the legal framework governing Hindu marriage. In addition to altering and codifying Sastrik Law (ancient Hindu Law), it contained divorce and separation, both of which are already covered by Sastrik Law. This legislation made Hindu law the same for all Hindu communities. Many religions in India each have their own civil laws that govern their adherents individually.

Essential Features.

  • Bigamy is prohibited by law; therefore a man is not allowed to have numerous wives at once. Bigamy, defined in Section 5 of the Act as having two living wives simultaneously, is prohibited. It means that one must divorce their marriage before getting married to someone else (divorce). He will be punished in line with Sections 494 and 495 of the Indian Criminal Code, 1860, if he does the act, which is illegal.

  • Prescribed marriageable age: Legal requirements specify when a person may get married. The bridegroom must be at least 21 years old and the bride must be at least 18 years old when they are married, as stated in Section 5(iii) of the Hindu Marriage Act of 1955. A marriage that is not upheld by the law is null and void.

  • Act of 1955 aims to safeguard the parties' union: Section 9 of the 1955 Act provides for the restoration of marital rights. The right to remain together is referred to as restitution of marital rights. Rights resulting from a marriage are known as conjugal rights. The fundamental tenet of Section 9 is that a spouse has the right to cohabitate in order to protect and uphold the sanctity of their marriage.

  • Pay attention to the parties getting married mental stability: If a person was mentally incompetent when they got married, their marriage is void. Before becoming married, the individual must also give their legally binding permission.The prerequisites for Hindu marriage in terms of mental competency are specified in Section 5(ii)(a),(b) (c).

  • Meaning of the wedding ceremonies: According to the law, if two individuals marry using the customary rituals and rights, their union is valid. All children born after marriage must be cared for and protected by the father because they have a legal right to exist.

Landmark Judgments.

  • A Supreme Court petition was brought up in Lily Thomas v. Union of India (2006) regarding the status of the first marriage in a case where a non-Muslim converted to the 'Muslim' faith without actually changing his or her beliefs or divorcing the first wife. It was ruled that a couple's marriage would not be terminated under Hindu law simply because they changed their religion until a divorce decree was obtained.

  • In Revanasiddappa v. Mallikarjun (2011), a Special Bench of the Supreme Court made the observation that regardless of the relationship between parents, the birth of a child out of such a relationship must be viewed independently of the relationship between the parents. The bench was made up of Justices G.S. Singhvi and Asok Kumar Ganguly. A child born from such a relationship is without a doubt innocent and entitled to all the rights and privileges given to a child born from a legally binding marriage. This idea is the foundation of Section 16 of the Hindu Marriages Act of 1955 (Amended).

Court Marriage In Faridabad can be performed if the couple lives in Faridabad. Moreover, if the couple lives in Mumbai then Mumbai Court Marriage can be done Court Marriage In Chandigarh can also be performed if the couple lives in Chandigarh.


Several legal and professional services are available from Lead India. You can ask a legal question here. talk to a lawyer and get the best advice possible in this circumstance. Our legal team members will assist you in making wise selections. free legal advice is another service we offer.



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