Hindu Marriage Act: Ceremonies and Customs

Section 5 of The Hindu Marriage Act 1955 specifies that conditions must be met for a marriage to be able to take place. If a ceremony takes place, but the conditions are not met, the marriage is either void by default, or voidable.

Void marriages

A marriage may be declared void if it contravenes any of the following:

1. Either party is under age.The bridegroom should be of 21 years of age and the bride of 18 years.
2. Either party is not of a Hindu religion.Both the bridegroom and the bride should be of the Hindu religion at the time of marriage.
3. Either party is already married. The Act expressively prohibits polygamy. A marriage can only be solemnized if neither party has a living spouse at the time of marriage.
4. The parties are sapindas or within the degree of prohibited relationship.

Voidable marriages

A marriage may later be voidable (annulled) if it contravenes any of the following:

1. Either party is impotent, unable to consummate the marriage, or otherwise unfit for the procreation of children.
2. One party did not willingly consent. In order to consent, both parties must be sound of mind and capable of understanding the implications of marriage. If either party suffers from a mental disorder or recurrent attacks of insanity or epilepsy, then that may indicate that consent was not (or could not be) given. Likewise, if consent was forced or obtained fraudulently, then the marriage may be voidable.
3. The bride was pregnant by another man other then the bridegroom at the time of the marriage.

Section 7 of the Hindu Marriage Act 1955 recognises that there may be different, but equally valid ceremonies and customs of marriage. As such, Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either the bride or the groom. These rites and ceremonies include the Saptapadi and Kreva.

Registering a marriage

A marriage cannot be registered unless the following conditions are fulfilled:

1. a ceremony of marriage has been performed; and
2. the parties have been living together as husband and wife

Additionally,the parties must have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration.

Section 8 of the Hindu Marriage Act allowsastate government to make rules for the registration of Hindu marriages particular to that state, particularly with respect to recording the particulars of marriage as may be prescribed in the Hindu Marriage Register.

Registration provides written evidenceof marriage. As such, the Hindu Marriage Register should be open for inspection at all reasonable times (allowing anyone to obtain proof of marriage) and should be admissible as evidence in a court of law.