Certainly, This article will help you understand the important conditions and registration requirements for Hindu Marriage under the Hindu Marriage Act, of 1955.
Table of Contents:
- Conditions for a Valid Hindu Marriage
- Mental and Physical Capacity
- Prohibited Relationships
- Registration of Hindu Marriage
- Importance of Registration
- Procedure for Registration
- Case Laws on Registration
- Smt. Sarla Mudgal, President, Kalyani & Ors. v. Union Of India & Ors.
- Lata Singh v. State of U.P.
- Seema vs. Ashwani Kumar
The Hindu Marriage Act, of 1955 is a law that governs Hindu marriages in India. It applies to Hindus, Sikhs, Buddhists, and Jains. The Act was enacted to provide a uniform law for marriage among Hindus and to amend and codify the law relating to marriage among Hindus. The Act sets out the conditions for a valid Hindu marriage and the procedure for registration of such marriages.
- Conditions for a Valid Hindu Marriage:
The legal age for marriage in India is 18 years for females and 21 years for males. Any marriage of a male below 21 years of age and a female below 18 years of age is voidable at the option of the parties.
- Mental and Physical Capacity:
Both the bride and groom should be of sound mind and capable of giving valid consent. They should not be suffering from any mental disorder that makes them incapable of understanding the nature of the marriage contract. Additionally, they should not be suffering from any physical disorder that would make the consummation of the marriage impossible.
- Prohibited Relationships:
Hindu Marriage Act, 1955 prohibits marriages between certain relationships. These include:
- Sapinda relationship:
Marriage between persons who are related to each other within five degrees of the lineal descent, in the case of the mother, and within three degrees in the case of the father, is prohibited.
Marriage between persons who are related to each other by marriage is prohibited.
- Prohibited degrees of relationship:
Marriage between persons who are related to each other by adoption is prohibited.
- Sapinda relationship:
Under the Hindu Marriage Act, 1955, monogamy is the rule. A Hindu cannot marry again during the lifetime of the spouse. If a Hindu spouse marries again during the lifetime of the first spouse, it would be considered void.
- Registration of Hindu Marriage:
- Importance of Registration:
Registration of a Hindu marriage is not mandatory, but it serves as conclusive proof of the marriage. It helps in avoiding disputes regarding the validity of the marriage and serves as evidence of the date of marriage, which can be important for various legal purposes.
- Benefits of Registration of Hindu Marriages
The registration of a Hindu marriage has the following benefits:
- Proof of Marriage: The registration serves as proof of the marriage and can be useful in case of disputes or legal proceedings.
- Social Security Benefits: Registration of marriage is a prerequisite for availing of social security benefits like health insurance, pension, etc.
- Visa and Immigration: Many countries require proof of marriage for visa and immigration purposes. The registration of marriage can serve as proof of marriage for such purposes.
- Procedure for Registration:
The procedure for registration of Hindu marriages is as follows:
- The parties to the marriage must give notice of the intended marriage to the Registrar of Marriages in the prescribed form.
- The notice must be given to the Registrar of Marriages in the district where either party has resided for a minimum of 30 days prior to the notice.
- The notice must be accompanied by the pre-decided fee which may vary from 100-500.
- After the notice is given, the Registrar will publish the notice in the prescribed manner and wait for objections, if any.
- If no objections are received within 30 days of the publication of the notice, the marriage can be registered.
- The parties to the marriage must appear before the Registrar of Marriages along with two witnesses and sign the marriage register.
- Importance of Registration:
- Case Laws on Registration:
Smt. Sarla Mudgal, President, Kalyani & Ors. v. Union Of India & Ors.
Judgement Citation: 1995 AIR 1531
In this case, the Supreme Court held that a second marriage performed by a Hindu husband during the subsistence of the first marriage is void under the Hindu Marriage Act. The Court observed that the Hindu law recognizes monogamy as the norm and any subsequent marriage while the first marriage is still valid is illegal.
Lata Singh v. State of U.P.
Judgement Citation: AIR 2006 SC 2522
In this case, the Supreme Court held that a person has the freedom to choose his/her life partner and that the choice of a partner cannot be interfered with by anyone, including family members and society. The Court emphasized that the right to marry a person of one’s choice is a fundamental right and any attempt to restrict or interfere with this right is unconstitutional.
Seema vs. Ashwani Kumar
Judgement Citation: AIR 2006 SC 1158
In Seema vs. Ashwani Kumar, the Supreme Court held that a marriage solemnized under Hindu customs and rites is a valid marriage, and its registration is not mandatory. However, if the couple desires to get their marriage registered, they can do so under Section 8 of the Hindu Marriage Act, 1955.
In conclusion, the Hindu Marriage Act, 1955 lays down the conditions for a valid Hindu marriage and the procedure for its registration. It is essential to comply with these conditions to ensure that the marriage is legally valid. Although registration of the marriage is not mandatory, it serves as evidence of the marriage and can be useful for various legal purposes.