top of page
Search
Writer's picturelead india

Where Do We Get Advice On Hindu Marriage Act?

India is a diverse country. In India, there are no regional variations in family law. Every town has a unique set of rules that govern it. Community members will be subject to a single legal system regardless of where they are domiciled, settled, or reside. However, there could be variations in the law based on castes, subcastes, or religions.


It is based on traditions that differentiate groups. In India, people from various classes and religions coexist. In India, marriages are conducted in accordance with regional traditions and customs. The Hindu phrase for marriage, known as kanyadan, dates back to the Vedic era.

The following are the essential characteristics:

  • A guy is not permitted to have multiple wives at once since bigamy is illegal. Bigamy is forbidden and is defined in Section 5 of the Act as having two wives who are still alive at the same time. It implies that one must get a divorce from their current spouse before getting remarried. If he commits the unlawful act, he will be punished in accordance with Sections 494 and 495 of the Indian Criminal Code, 1860.

  • Prescribed marriageable age: Under law, there is a set age at which one may wed. According to Section 5(iii) of the Hindu Marriage Act of 1955, the bride must be at least 18 years old and the bridegroom must be at least 21 years old when they get married. Any union that is not recognised by the law is void.

  • The Act of 1955 attempts to protect the merger of the parties: The 1955 Act's Section 9 allows for the restoration of marital rights. Restitution of marital rights is the legal term for the ability to stay together. Conjugal rights are rights that arise from a marriage. A spouse has the right to cohabitate in order to safeguard and sustain the sanctity of their marriage, according to the essential premise of Section 9.

  • Pay attention to the mental health of the parties getting married: The marriage of a person who was mentally incompetent at the time of their nuptials is void. The person must also offer their legally enforceable consent before becoming married. Section 5(ii)(a),(b), and (c) detail the requirements for Hindu marriage in terms of mental capacity.

  • The purpose of the wedding rituals: According to the law, a marriage between two people is lawful if it is performed in accordance with the customary rights and rites. All children born after marriage have a legal right to exist and must be taken care of and protected by the father.

  • Solemnising weddings (Section 7): The word "Solemnise" in reference to marriage is to celebrate marriage in the proper manner and with the right rites. A marriage cannot be considered to be solemnised unless it is observed in accordance with the relevant rites and formalities. A Hindu marriage can be conducted in accordance with either partner's native traditions and ceremonies, as stated in Section 7(I). Such rituals and ceremonies culminate in the seventh phase, which marks the union as full and legally binding (ii).

  • Registration of Marriages (Section 8): The state government may adopt regulations that permit the parties to any such marriage to have the details relating to their marriage registered in accordance with the guidelines set forth in the Hindi Marriage Register kept for that purpose, as per Section 8(1) of the Hindu Marriage Act. In accordance with Section 8(2) of the Act, the State Government may make it necessary or advantageous to enter the aforementioned information in the state or any portion of it, either in all circumstances or in those that may be defined. Hindu marriages were not required to be registered prior to the Hindu Marriage Act of 1955. Hindus often don't register their weddings, in contrast to adoption, will transfers, and partition. Since the Act lacks any registration regulations, the State Government has been given the right to enact them.

If the divorce petition is filed in Hyderabad then Court Marriage In Bangalore can be appointed. Likewise, divorce lawyers in Indore may be hired if the petition is filed in Indore. Court Marriage In Delhi may be consulted if the petition is filed in Jaipur.


Lead India offers a number of professional and legal services. You can ask a legal question here. Talk to a lawyer to get the best advice possible in this circumstance. We'll help you make informed decisions with the help of our legal staff. Free Legal Advice Online is another service we offer.


Call Us: +91–8800788535

Email: care@leadindia.law



2 views0 comments

Comments


bottom of page