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Source- The post on Hindu Marriage Act is based on the article “Supreme court says mere registration in absence of ceremony not a valid marriage under hindu marriage act” published in “Deccan Herald” on 3rd May 2024.
Why in the News?
The Supreme Court has held that mere registration of marriage, in absence of a proper ceremony, would not be valid under the Hindu Marriage Act. Through this judgement, the supreme court has recognized the practice of ‘samskara’, which is a sacrament that must be followed in a Hindu marriage.
The court considered that marriage is sacred under the Hindu Marriage Act for it provides a lifelong, dignity-affirming, equal, consensual and healthy union of two individuals.
About Hindu Marriage Act (HMA)1955
1. About Hindu Marriage Act (HMA): It is legislation that regulates Hindu marriages and divorce by codifying laws concerning these aspects within the Hindu community.
2. Applicability: The HMA applies to individuals who are Hindu by birth or through conversion. It also includes Buddhists, Jains, and Sikhs.
3. Provisions:
a) Marriageable Age: Under the HMA, the minimum age for marriage is set at 21 for the bridegroom and 18 for the bride. Marrying minors is punishable by imprisonment for up to three years and/or a fine of up to Rs 1 lakh.
b) Recognition of Customs and Ceremonies: The HMA respects customary practices, including the essential ritual of Saptapadi, where the bride and groom take seven steps before the sacred fire.
c) Prohibition of Bigamy and Polygamy: The Act prohibits bigamy, polygamy, or polyandry. Section 5 declares having two living spouses simultaneously illegal and punishable under Sections 494 and 495 of the Indian Penal Code.
d) Mental health as a ccriterion for void marriage: Under the act, Marriages are deemed void if one or both parties are mentally unfit. Legal consent is required in such cases.
e) Registration provision: Registration is subject to state laws. However, lack of an official certificate does not invalidate a marriage.
f) Divorce provision: Divorce is permitted through mutual consent or judicial separation. Special circumstances may warrant divorce before one year of marriage. Various grounds for divorce are specified, including those allowing wives to seek divorce from their husbands.
g) Restitution of Conjugal Rights: The HMA includes provisions for restitution of conjugal rights, which allows a spouse to seek legal intervention if the other unjustifiably leaves.
i) Legal Procedures: Family courts handle matters concerning Hindu marriages and divorce. Cases are heard in courts of territorial jurisdiction based on the place of marriage, residence, or last cohabitation.
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