INTRODUCTION
The Hindu Marriage Act of 1955 aimed to codify and reform Hindu personal law on marriage. It was enacted on May 18, 1955. The Act unified various laws on Hindu marriages, ensuring consistency in legal rights and marriage criteria. It recognized marriage as a sacrament and mandated monogamy, except for specific customary practices. It introduced judicial separation and restitution of conjugal rights. The Act advanced gender equality by granting women equal rights in marriage. Women gained the right to file for divorce under specific conditions. This marked a significant step towards gender equality in Hindu marital laws.
Marriage as a Social Instrument
Marriage is a sacred institution and is the very foundation of a stable family and civilised society. The right to marry is a component of the right to life under Article 21 of the Constitution of India which says, “No person shall be deprived of his life or personal liberty except according the procedure established by law”. The Universal Declaration of Human Rights, 1948, has also recognized this right. Article 16 of the same states:
- Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights in marriage, during marriage, and at its dissolution.
- Marriage shall be entered into solely with the free and full consent of the intending spouses.
- The family is the natural and fundamental group unit of society and is entitled to protection by society and the state.
In the case of
“X” v. Hospital “Z”, the Supreme Court ruled that the right to marry is not an absolute right.
[i] In
Lata Singh v. State of Uttar Pradesh, the Supreme Court viewed the right of marriage as a component of right to life under Article 21 of the Constitution of India.
[ii] In
Re: Indian Woman says gang-raped on orders of Village Court, he Apex Court, while taking suo motu cognisance of the matter and deprecating the concerned authorities, held that the State is duty-bound to protect the fundamental rights of its citizens and that “an inherent aspect of Article 21 of the Constitution would be the freedom of choice in marriage.”
[iii]
CONDITIONS FOR A VALID MARRIAGE UNDER HINDU MARRIAGE ACT
Section 5 of the Hindu Marriage Act of 1955 provides for the conditions for a valid marriage:
- Neither party must have a living spouse at the time of marriage
- Neither party should be
- Incapable of giving valid consent to the marriage in consequence of unsoundness of mind
- Though capable of giving valid consent, has been suffering from mental disorder of such kind or to such an extent as to be unfit for marriage and the procreation of children
- Has been subject to recurrent attacks of insanity
- The bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of the marriage
- The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two
- The parties are not sapindas of each other, unless the custom or usage governing each of them permits marriage between the two
Section 2(1)(b) of the Hindu Marriage Act, 1955, states it applies to Buddhists, Jains, and Sikhs. The term “Hindu” includes these religions. Explanation II to Article 25 of the Constitution clarifies that “Hindus” includes Sikhs, Jains, and Buddhists. This ensures their inclusion under Hindu personal laws.
A Sikh filed a Public Interest Litigation seeking to exclude Sikhs from the Hindu Marriage Act. The Supreme Court, led by CJ KG Balakrishnan, dismissed the petition. The Court ruled that such matters must be addressed by the appropriate government authority. It declined to entertain the petition.
CEREMONIES UNDER HINDU MARRIAGE ACT
Section 7 of the Act provides for the ceremonies that may solemnize a Hindu marriage, in accordance with the customary rites and ceremonies of either party thereto. In Hinduism, a marriage can be formally performed in accordance with the customs of either partner. Courts have observed that in cases where these customs involve the saptapadi, which requires the bride and groom to walk seven steps together in front of a sacred fire, the marriage becomes final and legally binding upon the completion of the seventh step.
Solemnization
Courts presume that a marriage has been duly solemnized if the parties show that they have performed some of the ceremonies usually observed on the occasion of marriage. If the marriage is shown to have taken place, courts presume that the parties duly performed the ceremonies, provided that neither force nor fraud was practiced.
[iv] Kanyadaan is not a mandatory ceremony for a valid marriage.
[v] A mere fact of joint living for a long time without any ceremonies would not constitute a valid marriage.
[vi] Courts have also held that an intimate relationship without any ceremonies, entered into between a man and a woman by a registered agreement before a statutory authority like a sub-registrar, does not constitute a valid marriage.
[vii]
Registration of Marriage
There is no provision for compulsory registration of a marriage under the Hindu Marriage Act, 1955. Section 8 of the Hindu Marriage Act, 1955 makes registration optional and Section 8(5) specifically states that validity of any marriage is not affected by failure to register it. But, the Supreme Court in
Seema v. Ashwani Kumar had issued directions that the marriages of all persons who are citizens of India belonging to various religions, should be made compulsorily registrable in their respective states where the marriage is solemnized.
If the marriage is registered, the dispute concerning solemnization of marriage is avoided; it protects the women’s rights relating to marriage to a greater extent; it has great evidentiary value in the matters of custody of children, rights of children, and the age of parties to the marriage. The Supreme Court had directed the states and the Central Government to take concrete steps in this direction.
[viii]
CONCLUSION
Marriage in India, governed largely by the Hindu Marriage Act of 1955, stands as a pivotal institution shaping societal norms and legal frameworks. Upholding the right to marry as integral to personal liberty under Article 21 of the Constitution, the Act not only codifies Hindu personal law but also extends its provisions to Buddhists, Jains, and Sikhs. It establishes stringent conditions for marriage validity, emphasizing consent, mental capacity, and age criteria. The Act's provisions, including those for registration, play a crucial role in safeguarding marital rights, particularly for women, and ensuring legal clarity in disputes.
[i] “X” v. Hospital “Z”, AIR 1999 SC 494: (1998) 8 SCC 296.
[ii] Lata Singh v. State of Uttar Pradesh, AIR 2006 SC 2522: (2006) 5 SCC 475.
[iii] Re: Indian Woman says gang-raped on orders of Village Court, AIR 2014 SC 2816: (2014) 4 SCC 786.
[iv] Bai Diwali v. Mot, 22 Bom 50 (1898).
[v] Ramlal Agarwal v. Shanta Devi, (2000) I DMC 640.
[vi] Surjit Kaur v. Garja Singh, AIR 1994 SC 135: (1994)1 SCC 407.
[vii] SM Syed Abdul Basith v. Asst. Commr. of Police, Ernakulam, AIR 2009 (NOC) 2413 (Ker).
[viii] Seema v. Ashwani Kumar, AIR 2006 SC 1158.
