In India, marriages are marked as an auspicious event, in which not only 2 individuals are involved, but it is said to be between two families. Families play an important role in marriage, as per recent data, around 44 to 68 % of people prefer arranged marriages over love. What could be the reason for such high numbers? The acceptance from families and society is topmost priority, marriage between same religion and caste is acceptable, whereas marriage between different castes and religions is known to be against the morals and norms of the society.
So, to resolve these types of problems in our society, different types of Marriage Acts have been passed, some are personal marriage acts, for ex. Hindu Marriage Act, 1955 and Muslim Marriage act, and Indian Christian Marriage act.
A Special Marriage Act has been passed under sections 4-17.
Nowadays, Marriage registration has become a cumbersome process. As per of a study of 2022 in Jhunjhunu district, Rajasthan, revealed that 61% of women haven’t registered their marriage’s but this number doesn’t ends here, even in the most developed and big city like Surat, the numbers are shocking, around 50,000 marriages occurs annually, and only 8,636 are registered within 1 year, what about the remaining 83%?
In India, we follow a lot of Marriage acts, some are personal marriage acts, and some are followed by people of all religions. Let’s take a look and study them in detail.
Hindu Marriage Act, 1955
It was introduced in the year 1955, a personal marriage act established for Hindus which governs their right to Marriage, divorce, Inheritance and succession and much more.
MAIN FEATURES OF THE HINDU MARRIAGE ACT
- Applicants :
People belonging to religions like Hinduism , Buddhism, Jainism and Sikhism.
Anyone who is not Muslim, christian or Jewish
Also applied to person who’s legitmacy is indian.
- Religious Rituals
Marriage should be conducted according to religious rituals, performing SAPTAPADI, which is the most important and mandatory among all the rituals.
The concept of Polygamy is not there, and both parties shouldn’t have any living spouse at the time of marriage.
Both parties shouldn’t be within the degree of prohibited relationship, unless the custom allows, which means neither male nor female should be closely related to each other.
Minimum age for marriage :
Groom – 21 years
Bride – 18 years
- Conversion
Conversion is mandatory for interfaith marriage.
- Any legal Notice period
There is no concept of legal notice in the case of the Hindu Marriage Act.
- Marriage Registration
It is optional but not mandatory.
The procedure for Registration under the Hindu Marriage Act is as follows:
- Marriage has already been done via a religious ceremony.
- Both parties apply for registration at the Sub-Divisional Magistrate’s office.
- Required documents to be submitted.
- No waiting period if everything is valid.
- Marriage Certificate is issued.
Marriage must be solemnized first, then you register it.
- Divorce under the Hindu Marriage Act
Earlier in Hinduism, marriage was considered sacred and indissoluble, but as per of today’s requirement, the act has granted divorce under certain grounds or mutual consent.
Views About The Hindu Marriage Act From Different Authors
The Hindu Marriage Act transformed Hindu marriage from a sacrament into a contract, without denying its spiritual sanctity. This dual nature is the genius of the Act.”
— Prof. Tahir Mahmood, in “Principles of Hindu Law”
“Despite the progressive language, the Hindu Marriage Act still retains patriarchal notions that disadvantage women, especially in areas of maintenance and restitution of conjugal rights.”
— Indira Jaising, in “Gender Justice: Personal Laws and Women in India”
Special Marriage Act, 1954
It is an act that was introduced in 1954, which provides a legal framework and a civil form of marriage for people belonging to different religions and the caste system. Under this act, interfaith and inter caste marriage was legalized without the need for religious conversion and adherence to their religion.
- It is extended to the whole of India, including the state ( Jammu and Kashmir.
- In this law, both parties are bound by any Personal Marriage Act or law.
- It provides both Solemnization and legal recognition to the marriage.
APPLICABILITY
It is applicable to any citizen of India who has attained the legal age of marriage and Indians living abroad, belonging to any religion or faith, and creed. Hindu, Muslim, Sikh, Jain, Buddhist, etc.
The two individuals should not be closely related to each other, and not fall within the degree of prohibited relationship.
- relationship by half or uterine blood as well as by full blood; (b) illegitimate blood relationship as well as legitimate; (c) relationship by adoption as well as by blood.
- This law doesn’t support or include conversion due to a difference in religious status.
CONDITIONS FOR MARRIAGE
- Grooms’ age should be 21 years, and brides must be 18 years old.
- Both individuals must not be already married ( unless legally divorced or widowed)
- Polygamy is forbidden. You can’t marry someone who is related to you in a way that the law considers too close for marriage.
SOLMENIZATION OF MARRIAGE
- Neither party has a spouse living.
- neither party― (i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage.
- has been subject to recurrent attacks of insanity.
- The male has completed the age of twenty-one years, and the female age of eighteen years .
30-DAY NOTICE
Special Marriage Act, 1954 (SMA) in India, the 30-day notice refers to a mandatory public notice period before a marriage can be solemnized under this law.
1. NOTICE OF INTENDED MARRIAGE( SECTION- 5)
When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for not less than thirty days immediately preceding the date on which such notice is given.
2. PUBLICATION OF NOTICE (SECTION 6)
The Marriage Officer will display this notice publicly (on the office notice board).
This is done to allow the public to object to the marriage if there are legal grounds (such as one party already being married, being a minor, or being of unsound mind).
3, OBJECTION PERIOD
After the notice is published, there is a 30-day waiting period during which objections can be filed.
If no valid objections are raised within those 30 days, the marriage can be solemnized any time after that.
DIVORCE
The most important aspect of divorce under SMA is that the divorce can be filed before 1 year of the marriage, but in exceptional cases, if the individual is facing hardships, then the divorce procedure can be proceeded with, according to the situation.
Bottom Line
A coin has 02 different sides, just like that, there are two aspects, one negative and one positive. The impact of these marriage acts carries some advantages and some limitations.
ADVANTAGES
- It allows individuals from different religions and castes to marry and gives legal recognition to the marriage and provides protection to the couple, inheritance rights, succession rights, and other social security benefits.
- Provides gender equality: by giving equal rights to both individuals to pursue divorce and take other important decisions, as rights equally lie with both parties.
- It is highly and easily acceptable all over, as it promotes the sense of gender equality, provides the protection and legal recognition to inter caste marriages, and much more.
DISADVANTAGES
- The SMA complicates the process, particularly the 30-day notice period and objection, under section 5, which can create a sense of fear and vulnerability among couples.
- The intermarriage could bring a sense of Social Stigma and discrimination.
- Parental disapproval and Social boycott.