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Hindu Marriage Act 1955
Hindu Marriage Act 1955
WHO IS A HINDU?
PROHIBITED RELATIONSHIP:
The bride and bridegroom should not be within the degrees of prohibited relationship
Under the customary law, certain marriages are valid. In south India marriage b/w the
children of the brother & sister and b/w a male and his sisters’ daughter are common.
MARRIAGABLE ACT:
- The bridegroom should have completed the age of 21 years and a bride should be the
age of 18 yrs at the time of marriage.
- If either party is a lunatic, or an idiot, the marriage is voidable.
- If either the party is suffering from any kind of mental disorder or mental illness /
epilepsy the marriage is voidable.
OTHER GROUNCE:
1. The bride being at the time of marriage is pregnant by some other person that the
bridegroom is ignorant of it.
2. If the consent of the either party for the marriage is obtained by force / fraud.
MARRIAGE CEREMONIES:
1. The marriage should take place in the presence of relations and friends.
2. Each party to the marriage should declare that he or she takes other as wife or husband.
3. Each party to the marriage should garland the other or a sign.
4. The bridegroom should tie a thali around the neck of the bride.
It was in 1967, the Hindu Marriage Madras Amendment Act 1967 was passed & Sec 7 (A)
was introduced into the Hindu Marriage Act 1955. This section deals with the
suyamariyadhai and seerthirutha marriage.
DIVORCE :
It is the dissolution of the marriage. It puts an end to the relationship of husband and
wife. It can be done only by mean of court.
The husband or the wife may petition for divorce under the following conditions.
PROCEEDINGS TO BE IN CAMERA:
Proceedings for divorce and other proceedings under this act shall be conducted in
camera. The public will be excluded run the court as the party’s may have to wash their dirty
linen in the court. The proceedings cannot be printed /published except with the previous
permission of the court. Any violation of this is punishable with the fine extending to Rs 1000.
1. The court should bring about the reconciliation b/w the parties.
2. It should provide for the maintenance and education of the minor children.
3. It may direct monthly payments to be made for the maintenance of the petitioner.
REGISTERATION OF MARRIAGE:
For the purpose of facilitation, proof of Hindu Marriages, provision for registering may
be made by the state govt. under this Act. The particulars relating to the marriage may be
entered in the marriage register maintained under the rules made by the state govt. But
omission to register the marriage does not affect the validity of Hindu Marriage. However
register of marriage would give certain advantages since a registration certificate is normally
considered by immigrant authorities, passport authorities as valid proof of marriage.
Any 2 persons irrespective of their religion can marry under the Special Marriage Act
1954 and the inter caste can be registered under this act.
1. Neither the party should have a husband / wife living at the time of marriage.
2. Neither party is an idiot or lunatic.
3. The bridegroom must have completed the age of 21 yrs and the bride age of 18 yr
4. Both the parties are not within the degree of prohibition relationship.
5. At the time of marriage both the party should be the citizen of the territory to which
the Act applies.
NOTICE:
The formalities for a civil marriage under this act began with the notice given by the
bride and the bridegroom to the marriage officer of the district immediately before the notice
for at least 30 days.
The marriage officer records the notice of the marriage in the marriage notice book and
affixes & copy in this office and sends a copy to the marriage officer of that district. This is open
to the public & can be inspected without the fee.
OBJECTION:
1. This public notice is an announcement of the marriage and an indication for the
objection of any.
2. When the notice is published by the marriage officer, 30 days time is given for any
person to raise any objections.
3. From the date of receipt of the objections within 30 days, the marriage officer
should enquire into the objections. If he uphold the objections either the party may
prefer and appeal to the district court whose decisions shall be final.
4. When there is no objection, both the parties with 3 witness sign in the presence of a
marriage officer & the officer declare that they are unmarried and not related within
the prohibited relationship and have completed the marriage age.
CERTIFICATE OF MARRIAGE:
The certificate of the marriage officer is the evidence of the marriage under this act.
According to Webster’s dictionary dowry refers to the money/ goods/ estate that a
women bring to her husband in marriage or a gift of property by a person to the bride.
As per the Act dowry means, any property or valuable security given or agreed to be
given either directly or indirectly by on party of the marriage to the other marriage party. This
law says that
It is the criminal offence punishable by up to 5 yrs imprisonment and a fine not less than
Rs. 15000 or the amount of the value of the dowry whichever is more. Imprisonment for a term
not less than 6 months but may extend up to 2 yrs and a fine of minimum Rs. 10000.
The Act prohibits advertisement in any newspaper by a person offering any share in his
property. Any violation of this is a punishable offence and the imprisonment is for at least 6
months and a fine of Rs.15000.
An offence under this act are declared to be non bail-able incase of dowry. Death within 7
yrs of a marriage by the cruelty or harassment by her husband or relatives, they can be
jailed for 7 yrs of life term.