The act applies to Hindus, Buddhists, Jains, and Sikhs, as well as any other person domiciled in India who is not a Muslim, Christian, Parsi, or Jew by religion.
Here are the key features and provisions of the Hindu Marriage Act:
- Applicability:
The act applies to the solemnization and registration of Hindu marriages. It covers both arranged marriages and marriages based on mutual consent. - Conditions for a valid marriage:
The act lays down certain conditions that must be fulfilled for a marriage to be considered legally valid. These include both parties being of marriageable age (the bride must be at least 18 years old, and the groom must be at least 21 years old), the absence of a prohibited relationship (e.g., close blood relatives), and the parties being of sound mind and capable of giving valid consent to the marriage. - Types of marriages:
The Hindu Marriage Act recognizes two types of marriages: a. Ceremonial marriage: This type of marriage requires specific ceremonies and rituals to be performed, such as the exchange of garlands (jaimala), circumambulation around the sacred fire (saptapadi), and tying the knot (mangalsutra). The act stipulates that these ceremonies should be performed in the presence of witnesses and a marriage registrar. b. Special marriage: This type of marriage is applicable when one or both parties are not Hindus, Buddhists, Jains, or Sikhs. It requires the parties to give notice to the marriage officer and undergo a 30-day waiting period before the marriage can be solemnized. This provision allows interfaith marriages and marriages between an Indian and a foreigner. - Conditions for a voidable marriage:
The Hindu Marriage Act recognizes certain conditions that make a marriage voidable, meaning the marriage is considered valid until a party seeks an annulment. Some conditions include non-consummation of the marriage, mental illness, or the existence of a spouse at the time of marriage. - Divorce:
The act provides provisions for divorce, both by mutual consent and on various grounds, such as cruelty, adultery, desertion, conversion to another religion, or incurable mental illness. The act also includes provisions for judicial separation, which is a temporary separation without formally ending the marriage. - Maintenance and alimony:
The act specifies provisions for maintenance and alimony. It ensures that both spouses are entitled to financial support, and the court can determine the amount based on various factors such as the income and assets of both parties, the needs of the dependent spouse, and the lifestyle they were accustomed to during the marriage. - Adoption and legitimacy:
The act also covers adoption and the legitimacy of children born from the marriage. It provides guidelines for adopting a child and recognizes the legitimacy of children born from a valid marriage, irrespective of their birth being prior or subsequent to the marriage. - Registration of marriage:
The act mandates the registration of marriages to ensure legal recognition. Marriage registration serves as proof of marriage and facilitates the acquisition of various legal documents and rights, such as obtaining passports, opening joint bank accounts, and claiming inheritance.
The Hindu Marriage Act aims to regulate and safeguard the institution of marriage among Hindus and other specified communities. It provides a legal framework for marriage, divorce, maintenance, and adoption, ensuring the protection of the rights and interests of individuals involved in Hindu marriages.