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Writer's picturethelila500
Sep 20, 20223 min read

WHAT ARE THE IMPORTANT SECTIONS OF THE HINDU MARRIAGE ACT?

In India, citizens are provided with the freedom to follow their personal laws in accordance with their religious customs and laws. This includes their right to marry following their customs. If one wishes to get married without following the various customs, he/ she has the option of getting married through Court Marriage In Hyderabad. The Hindu Marriage Act, 1955 was enacted to codify marriage law between Hindus.


Applicability-

The Act to anyone who is a permanent resident in India who is not a Muslim, Jew, Christian, or Parsi religion. Thus, Hindus, Sikhs, Buddhists, Jains, etc are also included under this Act.


The conditions required for marriage-

Section 5 of the HMA provides conditions for marriage, even if the marriage is solemnized through the procedures provided under the Act, if the conditions required are not met, the marriage shall be either void or voidable.

Void Marriage-

  • If either party is underage

  • If either party is not of Hindu religion or any other religion as allowed under the Act.

  • If either party is already married, the marriage would be void. The Act prohibits polygamy.

  • The parties are sapindas of each other or are related to each other under degrees of prohibited relationship.

Voidable Marriage-

  • In case either of the parties is impotent, unable to consummate marriage or unable to procreate children

  • In case one of the parties did not give consent to marriage willingly

  • The bride was pregnant by another man other than the bridegroom at the time of marriage

Ceremonies-

  • Section 7 of the HMA provides that there may be various ceremonies or customs of marriage in different sections or places under the same religion.

  • Hindu marriage may be solemnized as per the customs procedures of either of the parties. These customs include saptpadi and kreva.

Registration of the Marriage

The following conditions are necessary to be fulfilled for the marriage to be registered-

  • A ceremony of the marriage shall be performed

  • The parties shall be living together as husband and wife.

  • The parties shall be residing in the area which comes under the jurisdiction of the marriage officer for a period not less than 30 days for registration of marriage.

  • Section 8 of the Act provides for the Government to make rules for marriage registration of Hindu Marriage in that particular state.

Divorce

The Hindu marriage Act provides grounds for divorce of the parties under Section 13 of the Act. The procedure for filing a divorce is provided in the Act.


The grounds for divorce provided are as follows-

  • Adultery - If the respondent had voluntary sexual intercourse with a person other than his/her spouse during the marriage.

  • Cruelty - If the respondent mentally or physically abused the petitioner

  • Desertion - If the respondent deserted the petitioner without his/her consent and without providing a reasonable explanation

  • Converted to another religion - The respondent has ceased to be a Hindu

  • Unsound Mind - The respondent is of unsound marriage to such an extent that it is not possible to live a normal married life with him.

  • Disease - The respondent has been suffering from an incurable form of leprosy or has a venerable disease in a communicable form.

  • Presumption of death - The respondent has not been seen or heard for a period of seven years or more.

Alimonies-

  • As provided by the Act, one party could be ordered to provide maintenance to the other party for maintenance and support under Section 24 and 25 of the Act.

  • The maintenance could be provided at one time, or on a periodical payment.

Remarriage

Marriage has been allowed after a decree of divorce has been issued by the court.


Conclusion-

As discussed above, one can follow his/her customary practices while solemnizing marriage, the other the law has also provided you with the option of Court Marriage In Meerut, where parties can get married after filing the required documents and following the due procedure of the court. For applying for the process of Court Marriage In Mumbai it is advised to seek the legal assistance of an experienced advocate, so as no unnecessary delay is faced by you. Lead India offers you experienced advocates who could assist you with the same.


Call Us: - +91-8800788535

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