Indian weddings are fun…..especially when we talk about Hindu weddings, there are numerous rituals, different stories, lot of yummy food, and fun activities. But do you know who all can marry under the Hindu Marriage Act, 1955? Which rituals are necessary for a valid Hindu marriage? If the bride does not put mehendi (henna) on her palms, or if the joota chhupayi (bride’s sister stealing groom’s shoes) is not done, is the marriage incomplete?
Legally speaking, all that is provided under the Hindu Marriage Act, 1955 is necessary, unless the HMA itself gives some scope to the customs and usage. The Act clearly talks about the applicability to specific persons based on their religion. It also states the conditions and ceremonies for a valid marriage, and terms when a marriage could be invalid or voidable. Through this blog, we help understand in easy terms the major aspects related to the legislation governing marriages among Hindus.
Hindu Marriage Act, 1955 – An Introduction
The Hindu Marriage Act was enacted in 1955 in order to codify the laws related to marriage among Hindus. The Hindu Code was drafted by the then Rau Committee, introduced before the Legislative Assembly in 1947. The same was referred to the Select Committee in 1948 and the Bill could not pass the mandate of Parliament due to its dissolution. Thereafter, it was split and the revised Bill omitted the concept of civil marriages, which was covered in the present day Special Marriage Act.
Who can marry under the Hindu Marriage Act?
The Hindu Marriage Act, 1955 is applicable to Hindus (including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj), Buddhists, Jains and Sikhs, and extends to the whole of India. HMA also applies to Hindus domiciled in territory outside India. So, if you are wondering – Can a Hindu marry a Muslim? , the answer is negative under the Hindu Marriage Act. For interfaith marriages, either the person from another religion has to convert to Hinduism, or the parties can have a Civil Marriage under the Special Marriage Act, 1954.
Major Provisions under HMA 1955
HMA Section 9
Marriage is meant to keep two people together for the rest of their lives. If one of them leaves another for any reason, or without any reason, the other has the right to bring the spouse in his/her company as under Section 9 of the Hindu Marriage Act. The aggrieved person may approach the Court with an application under Section 9 and the Court will look at the facts, if the spouse left without any reasonable excuse, and if so, the Court may order restitution of conjugal rights, directing the estranged spouse to come back to the company of his/her spouse.
HMA Section 13
While Hindu marriages were never supposed to be terminated as per the customs or usage, the Hindu Marriage Act, 1955 introduced the concept of divorce. Grounds for divorce under HMA are provided under HMA Section 13 for contested divorce, while Section 13B talks about divorce by mutual consent. There are various grounds for divorce under HMA – adultery, cruelty, ceasing to be a Hindu, etc. Cruelty is the most common ground for divorce, and may be understood in detail.
Section 13(1)(ia) of Hindu Marriage Act
Cruelty being the most common ground of divorce is discussed under HMA Section 13 (1) (ia). The specific provision reads as “has, after the solemnization of the marriage, treated the petitioner with cruelty”. Hence, it has been upon the High Courts and the hon’ble Supreme Court of India to define what constitutes cruelty. It could be physical or mental, related to basic needs like sexual intercourse, or involve some other relations like children or family members. Courts have even acknowledged that a behavior could be normal for some and cruel for others. Thus, whether or not someone is being treated with cruelty to be granted divorce may vary from case to case.
Divorce by Mutual Consent
Section 13B of the Hindu Marriage Act, 1955 lays the provision for mutual consent divorce. In this case, both the husband and wife are not willing to stay together as a married couple and resort to ending their marriage. The couple therefore comes up with a common petition under Section 13A of the Hindu Marriage Act before the Family Court, and after giving the parties some time to rethink, in the form of cooling period, the Court may pass a decree for divorce.
Salient Features of Hindu Marriage Act, 1955
- Since Hindu religion is more about customs and ceremonies, the same has been respected in the Act in various contexts giving an overriding effect over HMA. For example, marriage in a prohibited relationship is not valid, unless the customs allow.
- The Hindu Marriage Act is not a civil law but a religious Code. Thus, it also talks about completion of Hindu weddings only after Saptapadi is done. Compliance with the customary rites is a necessity for a valid Hindu marriage.
- It introduced the concept of divorce among Hindus.
- Validity of a marriage among Hindus strongly depends upon compliance with the conditions of Hindu Marriage as provided under Section 5 of the Hindu Marriage Act, 1955.
- It has gender neutral provisions for Maintenance pendente lite and expenses of the proceedings. It means that during the pendency of divorce or other proceedings, the Court may order payment of maintenance or expenses of proceedings to either husband or wife, looking at the income of both.
- HMA also has gender neutral provision for payment of alimony and maintenance to the spouse. Hence, either wife or husband may be ordered by the Court to pay alimony or maintenance to the other spouse.
- Registration of marriage is a thing, but the same is not mandatory under the Hindu Marriage Act, 1955. For those wondering – Is Hindu Marriage legal without marriage certificate? – the answer is that validity is not at all bothered by lack of registration or marriage certificate.
- Apart from divorce, the Section 13A of HMA talks about judicial separation, which is not the termination of marriage but the marriage is kind of on a halt unless the parties reconcile.
