Marriage is beautiful, and Indian TV serials have made us believe that if a man and a woman, even involuntarily or mistakenly take rounds around the holy fire or Guru Granth Sahib, they get married for real and become husband and wife. What is perceived from this media is that the action itself is the ultimate requirement, which is not the case. There is another doubt on this where inter-faith marriage is in question – Do you need to convert to marry a Hindu? Here, we seek to address the doubt based on the applicable laws.
Hinduism Marriage Rules
In India, there are personal laws based on specific religions, which govern marriages. In case of Hindus, the Hindu Marriage Act, 1955 applies. It states the various requirements following which, two people can get married as per Hinduism marriage laws. There are conditions which need to be checked by the parties willing to marry each other under Hindu laws. There are specific requirements of the rituals as well, wherein customary practices are usually upheld in most of the cases.
Conditions for Valid Hindu Marriage
The first and foremost requirement and the answer to the initial question – Do you need to convert to marry a Hindu, lies with Sections 1 and 2 of the Hindu Marriage Act. The provision specifies whom the provision applies to. While Section 1 of the Act makes it clear that the Act extends to the whole of India and Hindus domiciled outside India, Section 2 specifies who a Hindu is. It clarifies that HMA applies to Hindu by religion, includes a Buddhist, Jaina or Sikh, and anyone who is not a Muslim, Christian, Parsi or Jew by religion. A person is Hindu if one or both of the parents are Hindu by religion, and also the person who has converted to Hinduism. The crux of this discussion is that a person has to be a Hindu in order to marry under the Hindu Marriage Act, 1955.
In addition, Section 5 of the HMA lays down the five major requirements for a valid Hindu marriage. The Act outrightly bans bigamy, promotes free consent by the parties marrying under the Act, states age of marriage for bride and groom, and makes sure the parties are not among prohibited or sapinda relationships.
Do you need to convert to marry a Hindu?
Based on what has been discussed so far, it is clear that only two Hindus can marry as per Hindu rituals under the Hindu Marriage Act. A non-Hindu, be it a Muslim, or Christian, Jew or Parsi, will have to convert to Hinduism. Conversion is required only if the parties wish to marry according to Hindu rituals, i.e. seven steps before the sacred fire, among other ceremonies.
What happens if a Hindu marries a non-Hindu?
If a Hidu marries a non-Hindu following only Hindu ceremonies, in that case, the foremost requirement of parties being Hindu is not fulfilled. Section 5 of the HMA specifies conditions of marriage among two hindus. Section 11 of the Act lays about void marriages, solemnized in contravention of clauses (i), (iv) and (v) of Section 11 of HMA. Thus, a marriage solemnized between a non-Hindu and a Hindu is void. In other words, such a marriage is not legally acceptable, and in case of disputes in such marriage, pertaining to separation or maintenance, the Hindu laws shall not be applicable, since the marriage between a Hindu and non-Hindu holds no binding effect.
Hindu Marriage with Non-Hindu – Special Marriage Act
It can be seen that the answer to the question “Do you need to convert to marry a Hindu” is negative under Hinduism marriage rules. However, conversion is not the only pathway for a Hindu and non-Hindu to marry. In case a Hindu wants to marry someone following another religion, inter-faith marriage can be solemnized as per Secular Law. The answer in such case is the Special Marriage Act. The said Act does not require the parties to follow the same religion. In fact, anyone can perform a Court marriage under the Special Marriage Act, regardless of their caste or religion.
Can a foreigner marry an Indian under Special Marriage Act?
Yes, the Special Marriage Act applies to everyone getting married in India, regardless of their religion or nationality. Hence, if a foreigner following any religion except Hinduism, wishes to marry a Hindu in India, they can definitely approach the authorities for marriage under Special Marriage Act, 1954.
Conclusion
In this blog, we have addressed a very common question – “Do you need to convert to marry a Hindu?”. With a detailed discussion about the applicable laws, it can be seen that in case a non-Hindu wants to marry a Hindu, they cannot proceed as per the Hinduism marriage rules by performing certain ceremonies. However, the Special Marriage Act is the answer for those couples wherein a non-Hindu wants to marry a Hindu without converting. It is a secular law which does not govern based on religion.
