Conditions of the hindu marriage, by Anubrati Debnath at Lexcliq

Weddings are solemnized ceremonies by which a pair is officially united in the presence of their colleagues and family members. In India, every theology abides by certain rules and law that have to be followed during this circumstance. In this article, we take a closer glance at the Hindu Marriage Act.

  • Applicability of the Hindu Marriage Act

 

  • A person who is a Hindu encompassing a Virashaiva, a Lingayat or a proponent of the Brahmo, Prarthana or Arya Samaj.

 

  • A person who is a Buddist, Jaina or Sikh.

 

  • A person who is inhabiting regions where this ordinance is applicable and the person should not be a Muslim, Christian, Parsi or Jew.

 

  • A child both valid or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs.

 

  • A child whose parents is Hindu, Buddist, Jaina or Sikh and is boosted as a member of a people, community, group or nation to which their parents belong.

 

  • Any individual who is a convert or re-convert to Hindus, Buddhist, Jaina or Sikh religion.

 

  • According to Clause (25) of Article 366 of the Constitution, this does not apply to members of any Scheduled Tribe unless the Central Government issues a notification in the Official Gazette. 

 

  1. Conditions 

 

  • The couple should not have a spouse living during the wedding.

 

  • Neither of the couples is incapable of consenting to the marriage due to unsoundness of mind.

 

  •  Neither of the couples should be suffering from any mental disorders which makes him/ her unfit for marriage and the procreation of children.

 

  • Neither of the couples should not be suffering from attacks of insanity or epilepsy.

 

  • The bridegroom has to complete 21 years of age and the bride has to complete 18 years of age at the time of their wedding.

 

  • The couple should not be in a prohibited relationship unless their custom permits them to get married.

 

  • The couple should not be sapindas (cousins) unless their custom permits them to get married.

 

  1. Overriding Effect 

 

According to the Hindu Marriage Act, any text, rule or interpretation of Hindu Law or any custom or usage as part of the law in force immediately before the commencement of this Act shall cease to affect any matter for which provision is made in this Act. Any other law that has been in force immediately before the commencement of this Act ceases to affect in so far as it is inconsistent with any of the provisions contained in this Act.

  • Ceremonies 

 

Hindu marriages are solemnized according to the customary rites and ceremonies of either of the couple’s custom. One of the rites and ceremonies include the saptapadi where the bridegroom and the bride take seven steps before the sacred fire. The marriage is bound and completed when the seventh step is taken.

 

  1.  Registration 

 

As proof for Hindu marriages, the State Government has implemented rules that provide the particulars relating to their marriage and conditions that are prescribed in the Hindu Marriage Register. The State Government provides that entering of the particulars as in sub-section (1) wpi;d be compulsory in the State for some cases as per the direction that has been issued. However, violating this would lead the individual to pay a fine of Rs. 25. The Hindu Marriage Register is to be opened for inspection at reasonable times and would be considered as evidence of statements. This is given by the Registrar on payment of the prescribed fee. The validity of the Hindu marriage will in no way be affected by the omission to make the entry.

 

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