A holy sanskar, marriage could be formally constituted in one of the eight ways permitted by law. The ceremony would be conducted in accordance with Shastric or traditional rituals. There was no minimum age for marriage, therefore anyone could get married.
While inter-caste and inter-religious unions were outlawed, the latter could be approved by custom. Everyone except Shudras was prohibited from getting married within their gotra or pravara.
Marriage was indissoluble; divorce was not permitted unless recognised by custom; death did not dissolve a marriage; as a result, a widow could not remarry unless permitted by custom. Husband and wife would live together, the latter would be subject to the wishes of the former, and the former would maintain the latter.
All of these ideas were known, understood, and used by Indian courts in minute detail. Modifications made as a result of the Hindu Marriage Act of 1955. The institution of marriage has undergone fundamental and significant alteration as a result of the new Act.
Legislation's applicability (Section 2)
Three categories of people are covered by the Act: (i) those who identify as Hindus by religion, in any of its manifestations or developments. (i) who are not Muslims, Christians, Parsis, or Jews; (ii) who are Buddhists, Jainas, or Sikhs by religion; and (iii) who reside in the region to which this Act extends.
Section 5's components
Under Section 2(3) of the Hindu Marriage Act, both parties must be Hindus. This clause stipulates that both parties to a marriage under the Act must be Hindus. The marriage will not be governed by this Act if one of them is a Hindu and the other is not, or if both are not Hindus. Instead, it will be governed by another law, such as the Special Marriage Act.
Clause (i) - Monogamy condition: This requirement forbids bigamy or polygamy and implies monogamy. "Neither party has a spouse living" means that the spouse must not have been alive at the time of marriage. A person might not be able to get married again if their spouse was still alive when they got married.
Section 5(i) – Bigamy: Bigamy and polygamy are prohibited by Section 5(i). For both Hindu men and women, Section 11 of the IPC declares a bigamous marriage void and makes it illegal under Sections 494 and 495. Only after the necessary marital procedures are conducted does the crime of bigamy become a crime.
Marriage solemnization (Section 7)
The word "Solemnise" in relation to marriage is to celebrate marriage with appropriate rites and in the correct form. The marriage cannot be referred to as being solemnized unless it is celebrated or done with correct rites and in accordance with the proper form. The usual rituals and customs of either partner may be used in a Hindu marriage, as stated in Section 7(I). When the seventh step is taken during such rites and ceremonies, the marriage is complete and legally binding (ii).
Marriage Registration (Section 8)
According to Section 8(1) of the Hindu Marriage Act, the state government may establish regulations allowing the parties to any such marriage to have the details relating to their marriage entered in accordance with the guidelines set forth in the Hindi Marriage Register maintained for that purpose.
According to Section 8(2) of the Act, the State Government may make it mandatory to enter the aforementioned details in the state or any part of it, either in all circumstances or in those that may be specified, if it believes that doing so is necessary or expedient. Before the Hindu Marriage Act of 1955, there was no obligation for the registration of Hindu weddings. Contrary to adoption, will transfers, and partition, Hindus typically do not register their weddings. The State Government has been given the authority to create registration regulations because the Act does not contain any.
If the couple lives in Bangalore then Court Marriage In Noida may be done. Likewise, Court Marriage Mumbai can be performed if the couple lives in Delhi.
To address the issue, Lead India provides a variety of resources, legal services, and free legal advice. ask a legal question and talk to a lawyer to receive the best advice in this situation
Visit us: https://www.leadindia.law
Call Us: +91–8800788535
Email: care@leadindia.law
Facebook: https://www.facebook.com/leadindialaw
Twitter: https://twitter.com/leadindialaw
Pinterest: https://in.pinterest.com/lawleadindia
Comments