The Hindu Marriage Act

The Hindu Marriage Act

The Hindu Marriage Act was established in 18th. May, 1955, is a part of the Hindu Code Bills. The objective of the act was to regulate personal life of Hindus and prevent from unfair practices. As marriage in India is a religious and social affair not a legal affair. As mentioned in Article 44 of the Indian Constitution, It is also applicable on Jains, Buddhists, and Sikhs of India, But not on Muslims, Christian, Parsi and Jew. It is also not applicable to the members of the scheduled tribes coming within the meaning of clause (25) of Article 366 of the Constitution of India unless the Central Government by notice otherwise directs .It applies every where in India except Jammu and Kashmir.

Essential Features of Hindu Marriage Act

• According to the laws the bridegroom should be of 21 years of age and the bride should be of 18 years of age.
• Both parties should be normal and capable of giving a valid consent.  Should not be suffering from mental disorder insanity or epilepsy.
• The consent or permission of a guardian is essential.
• Both should be Hindu by origin. Or born in hindu family.
• ‘saptapadi’ or the ‘saat pheras’ and kanyadana are the also essential.
• Should not be within the degree of prohibited relationship like father and daughter, son and mother, brother and sister and many more.
• should not be already married
• Hindu Marriage Act is  not applicable to NRIs
• Bigamy or Polygamy is now prohibited according to the laws of Indian Penal code
• Now it’s compulsory to register a Hindu Marriage which can be done by the couple just have to show wedding card copy, residence proof, or the wedding photographs.
• The law also governs divorces. Divorce can be obtained by any party on the basis of adultery, cruelty, desertion for two years, conversion in religion, unsound mind, etc.