It is followed till now from the Vedic times. Jurispedia – Vol. The first one will be considered a legal marriage. Section 11 of the Hindu Marriage Act 1996 states that any marriage solemnized after the commencement of the Hindu Marriage Act 1955, if it contravenes any of the provisions of this act, the marriage will be void. They are bound to each other until the death of either of them; and the wife is supposed to be bound to her husband even after death.” This article will discuss the scope and various provisions related to the Hindu marriage act of 1955. man started leading some civilized life. A law in the present sense would mean an act framed by the legislature of a State. https://www.toppr.com/guides/legal-aptitude/family-law-II/nature-of-marriage-under-hindu-law/. To get married, there are a few general rules that are applicable in most Read more…, Introduction: Prenuptial agreements are signed between the spouses before the marriage is conducted and these agreements define the rights and liabilities of each partner either during the course of the marriage or they define the Read more…. The consent shall not be given by coercion or threat. 4084 5203, © Copyright 2016, All Rights Reserved. It is necessary that a person shall be capable of giving valid consent at the time of the marriage. Among the high-class Hindus, the Brahma form of marriage is common. Without a wife, a person is considered incomplete while performing any rites of Hinduism. Next article Schools of Muslim Law- History, Their Difference, Practice Obtainable - Advertisement - More articles. Hindu law is not a law as understood in modern times. It is an enduring bond of the husband and wife which is permanent and tied even after death and they will remain together after the death. As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. This allows a man and a woman to perform religious and spiritual duties. Law Academic. Conditions regarding mental health or capacity. This article will discuss the scope and various provisions related to the Hindu marriage act of 1955. of the Hindu Marriage Act 1955 states that this act applies to any person who is a Hindu by birth or who has changed his/her religion to either any of its forms such as Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj. – The word kanyadan consists of two words- Kanya which is maiden or girl and daan which means donation. This act is also applicable to every person outside the territory or are governed under the Hindu Law; except for those who are Muslim, Christian, Parsi, or Jew. There is no age bar for marriage, and hence many people married during their childhood. Bigamy amounts to having two living wives at the same time which is illegal in Hindu law; without finalizing the divorce from the first marriage, a person can’t marry someone else. It also applies to any person living outside this territory except who is a Muslim, Christan, Parsi, or Jew by religion or it is proved that such person is being governed by Hindu law. Even if a couple enjoys a monogamous marriage in accordance with the rights, customs and traditions of the Hindu religion, if their marriage is not registered in terms of the Marriage Act No.25 of 1961, when one spouse passes away the surviving partner will not be able to inherit property and assets from the deceased partner. where the bride and groom select each other and perform marriage according to the Shatri rites and ceremony. This is also known as an arranged marriage. A person who is born in a Hindu family or has a Hindu father or mother, he is seemingly Hindu from birth. It results in a more or less permanent relationship between a man and a woman. It is not enforceable. It is also punishable under the Indian penal code 1955. Unless a Hindu man takes up a life of devoting it to the god which is called the ‘Brahmachari or of a ‘sanyasi’, devotees of God. “Marriage can be defined as the legal union of a man and a woman as husband and wife”[3]. milch cattle and fire, two discoveries changed the life of men. Conditions for validity of a Hindu Marriage. As the Hindu Codes do not profess to embody the commands of any king on Earth, it might seem that the Hindus had never such a thing as could be called their law. However, marriage is considerably a contractual bond between two parties according to the Hindu Marriage Act, 1955. So, in the present world, people are not obsessed with only these forms of marriage. Thus, any person except a follower of Muslim, Christan, Parsi, or Jew religion is a Hindu. It is a relation established by birth to birth. The god of fire, Agni deva is considered to be a witness to be solemnization of the marriage as well as a representative of the supreme being to provide his blessing to the newlywed couple. Section 12 of the Hindu Marriage Act 1955 lays down that when one’s consent is not obtained, the marriage is considered void. Contract of Guarantee, Kinds, Functions under the Indian Contract Act, 1872. These were Brahma (bride given gift by father), Gandharva (mutual agreement of bride and bridegroom) and Asura (bride virtually sold by the father). Certain relationships are under prohibition from the law, to carry out the act of marriage. It is a punishable offense under section-494 of the Indian Penal Code, 1955. But it can be said it is a semblance of both. It is also punishable under the Indian penal code 1955. The sacramental nature of the Hindu marriage implies that “as marriage is said to be sacred it is irrevocable, the parties to the marriage cannot dissolve it at will. (ii) (a),(b),(c) Hindu marriage Act 1955 discusses the condition of valid of Hindu marriage related to mental health or capacity of the person; if a person is suffering from unsoundness of mind at the time of marriage, Marriage will be considered as void. If the parties fail to fulfill the condition then the marriage is as illegal and void. The concept of marriage is to constitute relationship of husband and wife. Marriage in the Hindu religion is a sacred tie performed by certain ceremonies and rites which are necessary for a valid marriage. There was involvement of the dowry system during marriage. What do you have to do to get the maximum bonus and the fastest promotion? In ancient times, there was no need for the girls’ consent. An arranged marriage may be either in the form of Brahma marriage or in the form of Asura marriage. Marriage in Hinduism The aims of Hindu marriage are said to be dharma, praja (progeny) and rati (pleasure). It is a union of two individuals as spouses, and is recognized by liveable continuity. The Hindu tradition of “Vagdanam” dates back to Vedic period where the groom’s father gives their words to the bride’s father that they will accept their daughter and will be responsible for their future well being. “Marriage among the Hindus is considered divine in nature. with the emergence of herds of cattle , the idea of possession and ownership emerged. The ancient Hindu law recognized three forms of Shastric marriages as regular and valid. To take by decision into a relationship; particularly to take willfully (a youngster from different guardians) as one’s own kid. Thus, the Hindu marriage is not a contract and neither is it a sacrament. Any person who is a Buddhist, Jain, or Sikh also comes under this act. A combined reading of Sec. Adoption is the demonstration of Read more…, Introduction: A marriage is a sacred bond between two people, who promise to stay together for the rest of their lives. Previous article Hindu Law Explained- Nature, Scope And Sources of Hindu Law. Thus, Hindu marriage is not merely a social contract but a religious sacrament. The marriage renders to be valid if it is performed between Hindu couples according to the customary ceremony and rituals of each party or any one of them. 1 : Issue 1 – BNWJ-0720-015, Jurispedia – Vol. According to Hinduism, this sacrament is one of the most important sacraments out of 16 sacraments in Hinduism. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. It is punishable under. According to Max Weber marriage is a In the case of Adhav v Adhav[7], “the Supreme Court has held that a marriage with a person who has a living spouse is null and void and it cannot be treated as voidable under section-12 of the Act”[8]. “The term marriage has been derived from merry which means happiness and its equivalent in Hindustani is ‘Shad’, a Persian word”[2]. 1 : Issue 4 – BNWJ-1020-049, Material and Formal Validity of Marriage under Indian and English Law. If the person has not attained given in section 5 (iii) the marriage will be void it has no legal status. Clause 2 of Sec. It has been adopted due to western Ideas. There are three forms of marriage which are been described in Shastri’s law as valid and regular: The bride is given as a gift to the groom by the father generally known as the arranged marriage that is mostly followed in India. 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