This article has been written by ANJALI PRAKASH from GOVERNMENT LAW COLLEGE THRISSUR

Introduction:

The marriage institution is the most important one in human civilization. It happens frequently. Marriage has introduced the cornerstone of human society into the scene. Marriage establishes reciprocal rights and new social relationships between partners. Children’s status and rights are determined at birth.

The first and foremost condition for a Hindu Marriage is that the both parties should be Hindus. This was held in Gullipilli Sowria Raj vs Bandaru Pavani [AIR 2009 SC 1085].

Every society acknowledges a set of procedures for creating these rights and ties. An official marriage is an acknowledgement by others of a new status and associated duties. Marriage is acknowledged as a universally accepted institution in every community. Matrimony is one of the most complex and significant human relationships. The Hindu matrimonial rules were codified and implemented in 1955.

The Hindu Marriage Act of 1955, enacted by the legislature, contains legislation about Hindu marriage, restitution of conjugal rights, judicial separation, divorce, annulment of marriage, maintenance, and guardianship. The conditions for a legally binding Hindu marriage are covered in Sections 5 and 7 of the Hindu Marriage Act of 1955. This comprehensive discussion will delve into the key aspects, including the solemnization of marriage, eligibility criteria, and the legal consequences of marriage under Hindu law.

Structure of the Hindu Marriage Act, 1955

Approved on May 18, 1955, the Hindu Marriage Act is an Act of the Indian Parliament. As part of the Hindu Code Bills, the Hindu Succession Act, 1956, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoptions and Maintenance Act, 1956 were all passed at this time.

To safeguard the legal rights of Hindu brides and grooms who are united by the sacred tie of marriage, the Hindu Marriage Act, 1955 was established. Since there are several ways for a man and woman to be married in line with Hindu tradition, the kind of ceremony that has to occur has not been mandated by legislation.

The Act of 1955 is spread across six Chapters, consisting of 29 Sections in total. The layout of the same has been provided hereunder:

Chapter I: Preliminary

Chapter II: Hindu Marriages

Chapter III: Restitution of conjugal rights and judicial separation

Chapter IV: Nullity of marriage and divorce

Chapter V: Jurisdiction and Procedure

Chapter VI: Savings and repeals

Solemnization of Marriage:

A. Hindu Marriage Act, 1955:

The Hindu Marriage Act, of 1955, governs marriages among Hindus and outlines the requirements for a valid marriage. Section 5 of the Act lists the conditions that must be fulfilled for a marriage to be legally valid:

1.Age:

According to Section 5(iii) of the Act, the husband and bride must both be at least 21 years old and at least 18 years old when they get married. Any marriage consummated outside of these guidelines will not be voidable or nullified. Furthermore, under Section 18 of this Act, a person might face a severe punishment of up to two years in prison, a fine of up to one lakh rupees, or both if they consummated such a marriage. In the 1977 case of P. Venkataramana v. State, it was decided that a marriage performed outside of the age limits specified in Section 5(iii) was neither invalid nor voidable. However, breaking the stipulations is prohibited by Section 18 of the Hindu Marriage Act of 1955.

2. Prohibited relationships:

Parties should not be within the prohibited degree of relationships, as defined in Section 3(g) of the Act. The parties should not be regarded to be in a forbidden relationship under Section 5(iv) of the Act unless their respective cultures’ traditions allow for marriage between them. Two persons are deemed to be in a prohibited relationship under Section 3(g) of the Act of 1955 if they are:

If one is the other’s lineal descendant, or if one was married to or had a descendant of the other;If one of the two is a brother or sister, uncle or niece, aunt or nephew, the kid of a brother or sister, or the offspring of two brothers or sisters; or If one was the spouse of the other’s brother, father, mother, grandpa, grandma, or any other related. If a marriage between two persons fits the definition of an illegal relationship, it is null and invalid.

On the other hand, if a lawful tradition or practice governs a marriage and it applies to both parties, then it is genuine. It is essential that the use or custom being followed be definite, rational, and compliant with laws and regulations. All around India, several customs justify marriage in the context of prohibited relationships.

For example, it is customary in Kerala to marry off the children of siblings. The court decided in Balu Swami Reddiar v. Balakrishna (1956) that marrying one’s daughter in Madras, Tamil Nadu, in line with a Reddiar custom that was well-known among them, was inappropriate and against public policy. According to Section 18 of the Act, a marriage between two people who fit the description of a banned connection is null and invalid. Depending on how serious the offence was, the parties may also be fined INR 1,000 or face a month in simple jail.

3. Monogamy:

The Hindu Marriage Act, 1955 states in Section 5(i) that neither party had a living spouse at the time of the marriage. If either of the parties had a spouse who was living when they got married, the marriage is considered null and invalid. Therefore, a bigamous marriage is void. Legally, a second marriage can be conducted following the dissolution of the previous one due to divorce or death.

Section 17 of the Act, which addresses the penalty for bigamy, states that any marriage between two Hindus that is solemnised before the start of law is void if either party was previously married or had a spouse at the time of the marriage. Additionally, if someone got married again while their first marriage was still valid, they might face legal action and punishment under Sections 494 and 495 of the Indian Penal Code, 1860.

4. Sound mind:

As to Section 5(ii)(a) of the Act of 1995, an individual entering into a Hindu marriage needs to be able to provide legally binding consent. If any of the parties lack the mental ability to provide legally binding consent to the union, the other party may choose to declare the marriage null and invalid.

A marriage may be dissolved at the discretion of the other party per Section 5(ii)(b) of the Act if one of the parties has been suffering a mental illness that makes them unfit for marriage and childrearing, even though they are capable of providing legal assent.

Alka Sharma v Chandra Sharma:

The woman in Alka Sharma v. Chandra Sharma (1991) described how she felt very cold, nervous, and chilly on the first night of the marriage. She refused to take part in the intimate activity. In front of the entire family, she had urinated on the verandah, and she failed to cater to the needs of the other family members. To end the marriage, the husband filed for divorce. The judge ruled that the marriage was void. It should be mentioned that in accordance with Section 5(ii)(c) of the Act, the other party may decide to have the marriage dissolved if one spouse has repeatedly suffered from bouts of insanity.

This section of the Hindu Marriage Act of 1955 was modified by the Marriage Laws (Amendment) Act, 1999, and the word “epilepsy” was eliminated. As a result, at the present day, a partner to a marriage does not have the option to dissolve the union if they suffer from regular seizures.

B. Prominent Case Law: Lata Singh v. State of U.P. (2006)

This case emphasizes the importance of individual choice in marriage. The Supreme Court held that if two adults decide to marry, no individual or family can interfere, and any attempt to force them to separate is a violation of their fundamental rights.

Eligibility Criteria:

A. Consent:

1. Free Consent: Section 5(iii) of the Hindu Marriage Act requires that the parties enter into the marriage with their free consent. Any marriage under force, fraud, or coercion is voidable.

In Jitendra Singh v. State of U.P. (2017) the court emphasized the importance of voluntary consent for a valid marriage.

2. Mental Capacity: Both parties should be mentally capable of understanding the nature of the marriage ceremony and its consequences.

B. Competency to Marry:

1. Mental Fitness: Parties should not suffer from any mental disorder that renders them unfit for marriage.

2. Physical Fitness: There should not be any physical conditions that prevent the normal performance of marital duties.

C. Age of Marriage:

1. Minimum Age: As per Section 5(iii) of the Hindu Marriage Act, the legal age for marriage is 21 for males and 18 for females.

D. Prominent Case Law: Asha Ranjan v. State of Bihar (2017)

In this case, the Patna High Court emphasized the importance of the free consent of both parties for a valid marriage, highlighting that any form of pressure or coercion would invalidate the marriage.

Legal Consequences of Marriage:

A. Rights and Obligations:

1. Conjugal Rights: Marriage confers conjugal rights, including the right to cohabit and engage in a sexual relationship.

2. Legal Status: Marriage establishes the legal status of the parties as husband and wife, and it carries certain legal obligations towards each other.

B. Maintenance and Alimony:

1. Hindu Marriage Act: Section 24 and Section 25 empower the court to grant maintenance and alimony in case of judicial separation or divorce, considering the financial needs and capacity of the parties.

C. Property Rights:

1. Joint Family Property: Upon marriage, the wife acquires rights in the joint family property of her husband.

2. Stridhana: The wife has ownership rights over her streedhan, which includes gifts received during the marriage.

D. Prominent Case Law: Danamma v. Amar (2018)

This landmark case by the Supreme Court clarified the rights of a Hindu widow concerning the property inherited by her deceased husband. The court held that she is entitled to a share in the property even if the partition had not occurred during the lifetime of her husband.

In Lila Gupta vs Laxmi Narain & Ors [AIR 1978 SC 1351], the apex court held that all conditions under section 5 of the Act are not mandatory.

Conclusion:

Marriage under Hindu law is a multifaceted institution governed by legal provisions, case laws, and societal norms. Understanding the essentials of marriage is crucial for individuals entering into this sacred bond.

The legal framework seeks to balance individual rights and societal interests, ensuring the sanctity and stability of marriages within the Hindu community. By examining prominent case laws and drawing comparisons with international legal systems, we gain a comprehensive perspective on the complexities surrounding the institution of marriage under Hindu law.