Marriage has been considered a very religious and divine process among Hindus. It has been a subject of Dharmashastra for ages. While every aspect of religious laws was subject to codification, making a law out of shastra was the need of the hour with regard to marriage. There were concepts of polygamy (having more than one wife) among Hindus, which were eliminated through the Hindu Marriage Act of 1955. Various other changes have been introduced into the historic Hindu practices of marriage via the HMA Act. Hindu culture is well known for hundreds of rituals during weddings. Saat Pheras (Legally termed as Saptapadi or circles around the holy fire) is taken as the ultimate Act necessary for a wedding. But people still have almost zero clarity over how things are legally acceptable. If I have doubts, I will approach lawyers near me. However, some prior knowledge will help with better understanding during consultation with marriage or divorce lawyers, as provided below.
What is the Hindu Marriage Act?
An Act which is also popularly known as the HMA Act regulates marriages of Hindus. It provides conditions that validate a marriage, nullify it, end the wedding, or reconcile married couples. It also includes information about the courts that legally hear the proceedings related to HMA 1955.
The Hindu Marriage Act of 1955 is the answer to the following questions:
Who is a Hindu for marriage under the HMA Act?
What are marriage rules among Hindus?
What is the age of marriage in India in 2022?
Can I have a second marriage without divorce in India?
Can a man marry two wives legally?
Is marrying in another cast legal in Hindus?
What are the Hindu Marriage Act divorce processes?
Can people of other religions marry through pheras (Saptapadi)?
Salient Features of the Hindu Marriage Laws
A Hindu by birth or by conversion is the subject of the Hindu Marriage Act of 1955.
The definition of Hindu under the HMA Act includes Buddhist, Jain, and Sikh as well.
Customary practices (customs/ long-term usages (Reeti-Riwaz)) are well respected under the Hindu Marriage Act of 1955.
Saptapadi, i.e., steps taken by the bride and groom before holy fire, is a necessary ritual for marriage among Hindus. However, marriage ceremonies are subject to customs and accepted accordingly.
The concept of divorce among Hindus was introduced through the HMA Act only.
It also brought an end to the customary practice of bigamy, polygamy, or polyandry, i.e., multiple marriages.
Registration of a Hindu marriage is subject to laws applicable in particular states. However, a wedding is not invalid or illegal due to the lack of an official certificate.
Matters of Hindu marriages and divorce follow the procedure in family court in India.
Matters under the Act are taken up by the courts of territorial jurisdiction (city/ town) where the marriage was celebrated, where one of the parties resides, or where the husband and wife last lived together.
Unlike any other matrimonial laws in India, the HMA Act also contains a provision for the restitution of conjugal rights (RCR). So, if one of the spouses leaves the other without any reasonable excuse, the other spouse may reach the court to restore their marital relations and bring back the spouse. Consultation with divorce lawyers in Kolkata will help if the matrimonial house of the parties is located in Kolkata.
A marriage is void (legally invalid from the beginning) if it is a bigamy, said, or prohibited relationship.
Sapinda relations include three generations in the mother’s family tree and five generations in the case of the father’s family tree. (Eg. X is a girl, and Y (boy) is the first cousin of X’s mother; they are Sapindas to each other and, thus, prohibited from marrying)
Prohibited relations include certain relations that are forbidden from marrying each other. These include brother and sister, brother’s wife, uncle and niece, etc. These include full blood, half blood, and relations through adoption as well.
To put an end to marriage, understanding divorce vs legal separation is important. While legal separation is a comma, divorce is the full stop to marriage.
A marriage is voidable (may be declared invalid and null on request of one of the parties) in certain cases, as explained below in detail.
Hindu Marriage Act, 1955 Section 13 provides for the various grounds on the basis of which divorce can be granted to one of the spouses if another does not agree to separate. There are special grounds that specifically allow the wife to seek divorce from her husband.
Although parties are legally not allowed to seek divorce within one year of marriage, they can go for judicial separation. However, divorce may be granted before completion of 1 year in special circumstances of exceptional hardship.
The Act also allows divorce through mutual consent.
If one spouse is alive and the person remarries, such marriage is not only void, but the person is also punishable under Sections 494 and 495 of the Indian Penal Code, 1860.
Marriage among minors is punishable with imprisonment of up to three years and a fine of up to Rs 1 lakh.
Marriage among spindles or prohibited relations is punishable with imprisonment for up to one month or a fine of up to Rs 1000. The relationship can be easily understood with the help of a divorce attorney.
Conditions for Valid Marriage under the HMA Act
Section 5 of the Hindu Marriage Act provides conditions for a Hindu Marriage, which have been explained below:
No Bigamy – Neither boy nor girl should have a living spouse at the time of marriage.
Free Consent – Both parties should be mentally stable enough to give their consent for marriage.
Age of Majority – The minimum age for marriage is 18 years for girls and 21 years for boys.
Sapinda Relations – Marriage between a boy and a girl who are related through a mother (up to three generations) or father (up to five generations) is not valid unless customs allow.
Prohibited Relations – If the bride and groom fall under the banned relations, such marriage is invalid unless customs allow it.