by Advocate Aileen S. Marques
The Hindu Marriage Act 1955 is the law that governs the marriage between two persons who are Hindus.
According to the law i.e. the Hindu Marriage Act (HMA), a marriage between any two Hindus can be solemnized if the conditions laid in Section 5 of the act are fulfilled. These conditions are:
- None of the spouses intending marriage should have a spouse living at the time of marriage.
- At the time of marriage, the parties to marriage must:
- (i) be capable of giving a valid consent;
- (ii) not be of unsound mind;
- (iii) not suffer from mental disorder or be unfit for marriage and procreation of children;
- (iv) not have recurring attacks of insanity or epilepsy.
- The bride should have completed the age of 18 years and the groom should have completed the age of 21 years.
- Not be within the degrees of prohibited relationship unless the custom or usage permits.
- Not be sapindas of each other unless the custom or usage permits.
Now the question that may come to our mind is who is a Hindu. A Hindu is a person who is Hindu by religion in any of its form including Virashaiva, a Lingayat or a follower of the Brahmo, Prathana or Arya Samaj. It includes a person who is a Buddhist, Jain or Sikh by religion. It is pertinent to note that any person who is not a Muslim, Christian, Parsi or a Jew by religion is deemed to be a Hindu unless proved otherwise by him.
This definition clearly states that a Christian or a Parsi or a Muslim cannot marry a Hindu under the HMA. In the same way two persons who are Christians cannot marry under the HMA, similarly two persons who are Muslims or Parsis cannot marry under the HMA.
In a case I dealt with a Hindu girl was married to a Muslim man under the HMA. The wedding ceremony was conducted by a Hindu priest. When this couple wanted to file for a divorce, a scrutiny of the marriage certificate revealed that this marriage was void i.e. this marriage is invalid in the eyes of law which means no marriage took place and so the children if any will be termed illegitimate.
When a boy and a girl intend to marry each other it is generally safe to marry under the Special Marriage Act i.e. to have a Court Marriage. Please read the forms you sign when you are signing the notice for marriage and other documents. Be alert otherwise you will be shocked to know later in life that your marriage is void by law.
Another interesting case was where a Christian boy was married to a Muslim girl under the HMA. Such marriages are void.
The ceremonies of Hindu Marriage are undertaken in accordance to the customary rites and ceremonies of either of the parties. A Buddhist marriage has customs that are different from a Arya Samaj Marriage. If saptapadi (saath pheras) are part of the rites and ceremonies then the marriage becomes complete and binding when the 7th step is taken jointly by the bride and the groom before the sacred fire.
Hindu marriages are required to be registered. Once the Hindu marriage is performed as per the ceremonies and customary rites, the priest performing the marriage gives the couple a slip of paper that mentions the details of the marriage. The HMA prescribes for registration of marriages in the interest of the parties to a marriage. The certificate got after the registration of marriage is now a valid certificate and is a document that proves marriage.
In conclusion, if a couple intends to be married under the Hindu law, the non-Hindu partner must convert to Hinduism. Otherwise the couple can choose to be married under the Special Marriage Act. If you remember my post on VoW WoW!!!, it specifically mentions that if a Hindu intends to marry a Christian, then the marriage can happen under the Christian Marriage Act, where bv the Hindu continues to be a Hindu and a Christian continues to be a Christian.
All marriages under the HMA must be registered. Valid consent is an important aspect of Hindu marriage and marriage between certain relationships is prohibited. Hindu marriage rituals are very elaborate and the role of the priest, the bride, the groom and their parents is essential. However these ceremonies differ depending on the region and other aspects of faith.
Ensure that your marriages will be a valid marriage according to the law. Stay alert and be informed… marriage is a life changing decision.
to be continued…