Most of us in the country are unaware of the laws
associated with marriages. We see weddings as only a social event. But
we should remember one thing that is necessary to register all marriages
as every religion has its own personal law to govern marriages. The
Hindu Marriage Act, which came into power on18 May 1955, governs all the
Hindu marriages. The Hindu Marriage Act brought about important changes
to the law on this subject prevailing earlier. The provision under the
Act is that it applies to any person who is Hindu by religion and it is
also applicable to Buddhists, Jains, and Sikhs too. Under the law the
bridegroom should be of 21 years of age and the bride should be of 18
years of age. They both should be Hindu by origin and should not be
within the degree of prohibited relationship. Neither party should have
a spouse living nor any party should be subject to recurrent attacks of
insanity or epilepsy, either of them should not be suffering from mental
disorders or should not be unfit for marriage and procreation of
children and both should be of sound mind and capable of giving valuable
consent. Ancient Hindu law permitted polygamy is now prohibited even
bigamy is not permitted as per law it is treated as an offence under the
Indian Penal code.
Just like marriages the law also governs divorces. Under the law
divorce can be obtained on the grounds of adultery, cruelty, desertion
for two years, conversion in religion, unsound mind, etc. The law has
also described certain prohibited relationships whose marriage is not
legalized. Like father and daughter, son and mother, brother and sister
and many more. The act also does not set any prescribe or particular
ceremonial for marriage. It states that a Hindu marriage may be
formalized in accordance with the customary rites and ceremonies of
either party. And it is also important and necessary to register a
marriage though non-registration does not make it invalid or illegal.
But it is always better to legalize since there will be a proof of the
marriage being valid and legal. It is the duty of the State government
to make registration of marriage compulsory but it has not been done so
far.
