Introduction to Marriage Laws in India

By Siva Prasad Bose

Marriage laws are an important aspect of the legal system in India, especially in the cases where the marriages break down, which can be due to a variety of reasons. The number of divorces in India are currently around 1.3% and rising rapidly in the new generation, with modernization and its consequent effects. Added to this are cases of separation and other kinds of marriage disputes. Hence, it is useful to be familiar with the marriage laws.

In this book, we introduce a few aspects of marriage laws, in a way that can be simple and comprehensible for the readers. We discuss topics such as what makes a marriage valid or invalid, what is Sapinda relationship, Hindu Marriage Act and Special Marriage Act, divorce and separation, grounds for divorce, special laws related to marital disputes such as 498a and Domestic Violence Act. 

Chapters in the book

Chapter 1: What is a Valid Marriage

Chapter 2: What Makes a Marriage Invalid

Chapter 3: What are the Grounds for Divorce

Chapter 4: Aspects of Divorce and Separation

Chapter 5: Schizophrenia and Mental Disorders as a Ground for Divorce

Chapter 6: Mental Cruelty as a Ground for Divorce

Chapter 7: Domicile for matrimonial cases and division of property

Chapter 8: 498a and Domestic Violence Act

Chapter 9: Conclusion

Appendix A: The Hindu Marriage Act 1955

• Language: English
• Publisher: Joy Bose
• Release date: Jan 4, 2022
• ISBN: 9798201833138

Siva Prasad Bose

Siva Prasad Bose is an electrical engineer by profession. He is currently retired after many years of service in Uttar Pradesh Power Corporation Limited. He received his engineering degree from Jadavpur University, Kolkata and has a law degree from Meerut University, Meerut. His interests lie in the fields of family law, civil law, law of contracts, and any areas of law related to power electricity related issues.

Book preview

Dedication

This book is dedicated to all the people in India who are thinking of getting married or have got married and can benefit from the knowledge of existing marriage laws

Contents

Dedication

Preface

Chapter 1: What is a Valid Marriage

Chapter 2: What Makes a Marriage Invalid

Chapter 3: What are the Grounds for Divorce

Chapter 4: Aspects of Divorce and Separation

Chapter 5: Schizophrenia and Mental Disorders as a Ground for Divorce

Chapter 6: Mental Cruelty as a Ground for Divorce

Chapter 7: Domicile for matrimonial cases and division of property

Chapter 8: 498a and Domestic Violence Act

Chapter 9: Conclusion

Appendix A: The Hindu Marriage Act 1955

Acknowledgments

About the author

Other Books by Siva Prasad Bose

Preface

Marriage laws are an important aspect of the legal system in India, especially in the cases where the marriages break down, which can be due to a variety of reasons. Added to this are cases of separation and other kinds of marriage disputes. Hence, it is useful to be familiar with the marriage laws.

In this book, we introduce a few aspects of marriage laws, in a way that can be simple and comprehensible for the readers. We cover topics such as what is a valid and invalid marriage, how to register a marriage, what are the types of divorces, and a few aspects of separation and contested divorce.

Chapter 1: What is a Valid Marriage

In this chapter, we cover what is a valid marriage and its various legal aspects.

1.1 Main laws related to marriages in India

The main laws related to marriages in India are as follows:

Hindu Marriage Act 1955

This Hindu Marriage Act 1955 (25 of 1955) governs marriage between a Hindu man and woman, conducted as per Hindu rites. This definition also includes Sikhs, Jains and Buddhist. Since the majority of the population of India is Hindu, it covers a majority of the marriages and covers different aspects of a Hindu marriage, including registration and divorce. In this book, we will focus mainly on laws as per the Hindu Marriage Act.

Marriage Laws (Amendment) Act (68 of 1976)

The Hindu Marriage Act was amended in 1976 by the Marriage Laws (Amendment) Act of 1976 and a number of sections were altered and certain amendments of very vital nature were made in the act as it originally stood.

Special Marriage Act 1954

The Special Marriage Act 1954 covers marriages between any two citizens of India, regardless of their religion and including inter-religious marriages. It does not specify any particular rites for the marriage.

Figure: Opening of the Hindu Marriage Act 1955

1.2 Conditions for a valid marriage as per the Hindu Marriage Act

The conditions for a valid marriage are as follows:

(section 7) The marriage must be solemnized in accordance with the customary rites and ceremonies of either party and where such rites and ceremonies include Saptapadi (taking the seven steps for the parties before the secret fire), that requirement must be observed.

There should not be a subsisting valid marriage of either of the parties with any other person [Section 5(i)]

The parties should, as regards age and mental capacity, be competent to have a marriage solemnized between them [ Section 5(ii) and (iii)]

The parties should not by reason of degrees of prohibited relationship or sapinda relationship be debarred from marrying one another. If bride is the offspring of any person within five generations (inclusive) on the groom's father's side and three generations (inclusive) on the groom's mother's side, or vice versa, then they are said to be in a Sapinda relationship.

Figure: Photo of the Saptapadi marriage ritual in Hindu marriages: taking seven steps around the sacred fire

Figure: Illustration of a sapinda relationship (related within 7 generations)

1.3 Ceremonial requirements as per the Hindu Marriage Act

The Hindu marriage contemplated by the Hindu Marriage Act is a ceremonial marriage: it must be solemnized in accordance with the customary rights and ceremonies of one of the two parties. A Hindu marriage not duly solemnized by performance of the essential ceremonies is, under the act, no marriage at all.

The above condition only holds for the Hindu Marriage Act. The Special Marriage Act does not