Professional Documents
Culture Documents
Introduction
Marriage has been considered a very religious and divine process among Hindus. It
has been a subject of Dharmashastra since ages. While every aspect of religious
laws were being subject to codification, making a law out of shastra was the need of
the hour with regards to marriage. There were concepts of polygamy (having more
than one wife) among Hindus which have been eliminated through Hindu Marriage
Act, 1955. Various other changes have been introduced into the historic Hindu
practices of marriage via the HMA Act. Hindu culture is well known for hundreds of
rituals during marriages. Saat Pheras (Legally termed as Saptapadi or circles around
the holy fire) are taken as the ultimate act necessary for a marriage. But people still
have almost zero clarity over how things are legally acceptable. If I have doubts, I
will approach lawyers near me. But some prior knowledge will help with better
understanding during consultation with marriage or divorce lawyers as provided
below.
An Act which is also popularly known as the HMA Act regulates marriages of Hindus.
It provides conditions which validate a marriage, nullify it, end the marriage or
reconcile married couples. It also provides information about the courts which legally
hear the proceedings related to HMA 1955.
No Bigamy - Neither boy nor girl should have a living spouse at the time of
marriage.
Free Consent - Both the parties should be mentally stable to give their
consent for marriage.
Age of Majority - The minimum age for marriage is 18 years for girls and 21
years for boys.
Sapinda Relations - Marriage between a boy and a girl who are related
through mother (upto 3 generations) or father (upto 5 generations) is not valid
unless customs allow.
Prohibited Relations - If bride and groom fall under the prohibited relations,
such marriage is invalid unless customs allow.
If one or both the parties was minor (below 18 or 21 years of age) at the time
of marriage.
Marriage is not consummated (lack of first sexual intercourse) because one of
the spouse is impotent.
If the wife was pregnant by someone other than her husband at the time of
marriage, the husband can seek annulment of marriage.