India is a varied nation. In India, family law doesn’t differ from one state to the next. A separate legal system governs every community. Even if community members are domiciled, settled, or dwell in any country, they will be governed by a single legal system. However, there may be differences in the legislation based on sects, sub-sects, castes, or sub-castes. It’s founded on customs, which cause differences between groups. People of all castes and religions reside together in India. Marriages in India are performed following local customs and traditions. Kanyadan is the Hindu marriage term dating back to the Vedic period. According to their custom, the bride’s father gets her “Kanya” (daughter) married to the bridegroom. In our culture, this age-old custom of gifting daughters via weddings is still practised. This article will go through the legal aspects of Hindu weddings in India. Hindu weddings are usually performed in accordance with the terms of the Hindu Marriage Act of 1955.
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Well, Hindu law is a discipline of law that derives from the Smritis, which is documented in Sanskrit comments and digests. The Smriti scriptures distinguish between legal and religious norms, and these religious precepts were treated as legal standards. Hindus adhere to Hindu law. However, it is not the core Hindu law that applies to Hindus in India, but rather an amended and modified legislation that has changed significantly.
The Hindu Marriage Act was designed to protect the rights of the Hindu bride and groom tied together by the holy bond of marriage . The type of ceremony necessary is not specified in the law since various methods exist for a man and woman to marry according to Hindu religious custom.
The statute was inspired by the fraud case and the humiliation endured by people in the name of marriage. As a result, the act binds everyone Hindu, Jain, Sikh, or Buddhist. It has no bearing on Muslims, Christians, Parsis, or Jews because different laws govern them. As a result, the Hindu Marriage Act binds Hindus by birth as well as Hindus by religion.
The definition of Hindu is defined in Section 2 of The Hindu Marriage Act. According to the provision, the Act applies to every Hindu by religion or who has converted to any of its forms, like a Lingayat, Virashaiva, or a member of the Arya, Brahmo, or Prarthana Samaj. The statute applies to everyone who professes to be a Sikh, Jaina, or Buddhist. It also applies to anybody residing outside of this region who isn’t a Parsi, Muslim, Jew, or Christian. It has been established that such a person is governed by Hindu Law
As per the Act, the following individuals are also categorised as Hindus:
The 1955 Hindu Marriage Act (Section 5) specifies the requirements for a Hindu Marriage. It reads:
Section 5:
Listed below are the salient features of the 1955 Hindu Marriage Act (Section 5):
Section 7:
The rites for a Hindu marriage are outlined in Section 7 of the Hindu Marriage Act.
As per the Act, a Hindu wedding must be performed in consonance with either side’s customs and customary rites. Saptapadi (taking seven steps together by the bride and husband around the holy fire) is one of the rites, and marriage becomes full and binding when they take the seventh step together.
According to the law, a marriage between two people is lawful, provided it is performed in accordance with customary rights and rites. The kid born after marriage is legal, and the father is responsible for protecting and raising the child.
Section 9:
The 1955 Hindu Marriage Act (Section 9) offers for the recovery of conjugal rights. These rights are rights derived from a marital tie, and recovery of conjugal rights is the reciprocal right to stay. The core of Section 9 of the 1955 Hindu Marriage Act is that a spouse has the right to maintain and preserve the purity of their wedding through cohabitation.
The following are the fundamental elements of Section 9 of the Hindu Marriage Act:
Well, the State Government has adopted guidelines that offer the particulars pertaining to their wedding and the conditions stipulated in the Hindu Marriage Register as evidence for Hindu weddings. According to the instruction given by the State Government, entering the particulars in sub-section (1) would be mandatory in the State for specified instances. If this rule is broken, the individual will be fined ₹25. The Hindu Marriage Register will be accessible for examination at reasonable times and used as proof of assertions. The Registrar issues this upon payment of the specified fee. The neglect to make the entry has no bearing on the legitimacy of the Hindu marriage.
Marriage was considered sacred and an irreversible bond between two people throughout ancient times. As per Manu, a wife’s obligation continues even after her death. She should never have a second husband, according to tradition. The Hindu Marriage Act of 1955 created the provision for divorce. Divorce, according to the Act, signifies the dissolution of a marriage. The harmed party may petition the court to dissolve the marriage and seek redress. Section 13 of the Hindu Marriage Act 1955 specifies the reasons for divorce in Hindu law. The reasons for a wife petitioning the court for divorce are outlined in Section 13(2) of the legislation.
Some reasons for divorce are specified in Section 13 of the Hindu Marriage Act and are listed below:
Well, the Hindu Marriage Act handles Hindu-related laws. Meanwhile, Christians and Muslims have laws that control religious practices. Modern Hindu law has experienced several changes due to judicial interpretations and legislative amendments. The Hindu Marriage Act was created to protect the rights of ‘Hindu’ people. However, scheduled tribes are exempt from both codified and uncodified laws since tribal norms control them. To learn more about the 1955 Hindu Marriage Act and its nature of registration and/or divorce-related issues, you can contact Vakilsearch at any time. Our legal experts would be delighted to assist you.
