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| Home > Marriage Acts and rules > Hindu Marriage Act
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| | Hindu Marriage Act:
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 Hindu marriage is performed under Shastric Ceremonies and rites as laid down by Shastric Hindu law or is performed under customary ceremonies and rites. However, according to the legal procedure, certain ceremonies are obligatory in the whole of the marriage function to have the marriage considered valid and completely as per the law. All other customs and ceremonies are do not have any legal standing as far as the validity of the marriage is concerned.
Legislation of laws relating to Hindu marriage began from the year 1829 when sati was abolished by law and declared an offence. However, the Hindu Marriage Law is been getting amended as the social and political changes took place and more and more rights were introduced to provide differing social status to individuals. Finally, In 1955 the Hindu Marriage Bill was introduced in the Parliament and was passed by both the Houses of Parliament.
Contradictory to the ancient understanding and belief, inter caste as well as inter sub-caste marriage were validated legally according to Hindu Marriage Act 1946 and the Hindu Marriage Act 1955 refers to "any two Hindus, without requiring them to be of the same caste or sub-caste." So, it is understood that in order to get married to someone under Hindu law today, both parties do not have to belong to the same caste but have to necessarily profess to the Hindu Religion, The Hindu Marriage Act, 1956 does not apply to schedule tribes.
Even though the ceremonies make a marriage valid or otherwise in the eyes of law, it is important that the marriage has to be registered by submitting information at the registrar`s office in the given jurisdiction. `FORM A` must be filled and submitted to the registrar in whose jurisdiction either party to the marriage has been residing for at least six months. This form should be submitted within one month from the date of marriage. An age proof and a marriage photo also have to be appended with this form. Both the parties to the marriage and the two witnesses each must appear before the marriage Registrar personally. Once this information is presented in the office and validated a marriage certificate is granted to the married party and the marriage is considered, legal and registered under the Hindu Marriage Act.
While we are talking about Marriages under the Hindu Marriage Act, procedures for the divorce also should be discussed and considered. While, in Indian culture, a marriage is considered an eternal knot and an unbreakable union, the law has sure given consideration for separation. In very ancient India, while polyandry and polygamy were prevailing, separation was not considered a possibility or need. However, with changing times and mal practices getting introduced, a need to have a right to separate if not happy was considered and introduced with a very refreshing change in the status of womanhood by applying for divorce if not content with the marriage relationship.
Divorce, under the Hindu Marriage Act 1955, can be obtained by both the spouses on the basis of any of the following 9 grounds:
Adultery;
Cruelty;
Desertion for two years;
Conversion of religion;
Unsound mind;
Suffering from venereal disease and/or Leprosy;
has renounced the world;
not heard of for 7 years;
no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights;
Husband guilty of rape, sodomy or bestiality;
If after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code, there has been no cohabitation for one year.
In addition to the grounds, stated above, a wife may also present a petition for the dissolution of her marriage on the following grounds:
Where the marriage was solemnized before the commencement of the Hindu Marriage Act, 1955:- 1. The husband had married again before such commencement; 2. That any other wife of the husband whom he had married before such commencement was alive at the time of the marriage;
That the husband has, after the marriage, been guilty of rape, sodomy or bestiality;
That her marriage, whether consummated or not, was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years.
Looking at the whole procedure positively divorce may also take place with mutual consent of the parties involved. Under the Hindu Marriage Act, 1955 the spouses, who desire a divorce by mutual consent, have to present a joint petition in the court which has an appropriate jurisdiction. The parties, presenting such a petition, must claim with proof that:
a. They have been living separately for a period of one year;
b. They have not been able to live together;
c. They have mutually agreed that marriages should be dissolved.
Once the petition for Divorce by mutual consent is filed, the Court gives the parties 6 months` times to reconsider. The Court may pass a decree of divorce after a period of 6 months from the date of presentation of the petition and not later than 18 months after the date of presentation, incase the petition is not withdrawn.
As said above that it`s refreshing to know that a wife also can initiate a separation procedure and divorce as her lawful right under Criminal Procedure.
If any person who has sufficient means, neglects or refuses to maintain his wife (who is unable to maintain herself) then the wife can file an application before a Magistrate- I class- for maintenance. The Magistrate of the first class, upon proof of such neglect or refusal, will order such person to make a monthly allowance for the maintenance of his wife. A woman can claim maintenance from her ex-husband under law provided that she does not get remarried after divorce.
According to the Hindu Marriage Act, marriage is considered dissolved by the death of the husband or the wife or by divorce. Previously once the marriage is considered dissolved, a man could remarry immediately; however, remarriage for widows was strictly prohibited. While with a amendment in the Hindu Marriage Act widow`s remarriage was legalized, though it was and is still not accepted with a open mind in all the social classes.
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