Important marriage laws in India for all newlyweds

Hindu Mariage Act
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A marriage legalizes the relationship between a couple. It binds the two people for life. India is a secular country, and therefore, there are many marriage acts according to the marriages in different religions.

You can follow any marriage act according to your religion and exercise it on your own will. There are many marriage acts followed in India; however, there are some important marriage acts that are followed the most. These marriage acts are as follows:

1. The Hindu Marriage Act, 1955
2. The Muslim Marriage Act, 1954
3. The Special Marriage Act, 1954

Also Read: Know-it-all guide to Marriage and Family in India

Let’s understand these important marriage acts in detail:

The Hindu Marriage Act, 1955

The Hindu Marriage Act is an act that was enacted in 1955 by the Parliament of India to amend and codify the law that is related to the marriage of Hindus. It was enacted to safeguard the rights of a marriage for the bride and groom.
It focuses on the rights the bride and groom have in this legalized bond they share and doesn’t define the kind of ceremony that is held to carry out this religious act. There are some conditions that need to be met to validate this act, which are as follows:

● The legal age for a man is 21 years and for a woman is 18 years. However, according to the revised condition under the Child Marriage (Amendment) Bill, 2021, the legal age for a woman has been increased to 21 years.

● The 2 persons marrying each other must be unmarried and should not have a spouse from the previous marriage.

● The people getting married must be mentally fit (they should not have any mental
illness).

● The bride and groom should not be ‘sapindas’ in relation to each other. Apart from this, there are various components of the Hindu marriage act, 1955. These components are as follows:

Section 2 of Hindu Marriage Act, 1955: 

As per this section of the Hindu Marriage Act, 1955, marriage in Hindus in any form irrespective of caste or creed or people who are bound under this act, like Sikhs,

Buddhists, Jains, and so-called Hindus is a Hindu marriage.

Section 3 of Hindu Marriage Act, 1955:

This section revokes the prohibited degrees of relationships that were defined in Smritis and certain new prohibited degrees of relations. As per this section of the Hindu Marriage Act, 1955 the groom cannot marry his brother’s wife. However, this shall not be applicable in the case of divorced or widowed women.

Section 5 of Hindu Marriage Act, 1955:

As per sections 5(ii) and (iii) of this act, a Hindu marriage is more of a result of mutual consent and not much of a religion.

Section 16 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 legitimates the children born out of an alliance if certain conditions are met.

Section 8 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 introduces the provision of registering a marriage under this act,

Section 9 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 defines the restitution of husband and wife’s conjugal rights bound under the act.

Section 15 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 defines the remarriage of either party to remarry after a valid divorce.

Section 24 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 defines the provision of legal proceedings’ expenses of a divorce. It states “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.”

Also Read: What are the Divorce Laws in India?

The Muslim Marriage Act, 1954

This Act was drafted in the system in 1954. It solemnizes marriages in the Muslim community. However, the state of Jammu and Kashmir is excluded from this Act. Here are the details of this Act:

● The bride and groom should belong to the Muslim faith.

● The bride and groom will not, by reason of anything contained in the Islamic law
relating to marriage, be prohibited from marrying each other.

● The registration of the marriage should be done in accordance with this Act.

● The marriage will be affected by or before the person appointed as a marriage
officer under the provisions of this Act.

● Both bride and groom should be capable of contracting the marriage. Once the marriage is in effect by or before the marriage officer, they enter it in a book supplied by the Registrar-General and kept by the marriage officer themselves.
Thereafter, a Muslim Marriage Certificate will be signed by both the parties, the marriage officer, and 2 credible witnesses. However, in 2019, the Muslim Women (Protection of Rights on Marriage)Act was enacted to criminalize triple talaq, which enabled Muslim men to instantly divorce their wives.

The Special Marriage Act, 1954

This Act allows citizens of India from different caste, religions or communities to marry each other. Here are the conditions that have to be met:

● The bride must be 18 years and above (now 21 years), and the groom should be 21 years and above.

● Both the parties should be mentally fit.

● Marriage registration is compulsory to solemnize the marriage. This can be done by hiring a lawyer to complete the marriage registration.

● Both the parties cannot share common ancestors or be blood relatives. In accordance with this Act, there are 37 relations that are forbidden, wherein no wedding can be performed between them.

Conclusion

The above-mentioned marriage laws have been functioning for decades now; however, the revisions in them have made their new marriage laws in India. The Indian Marriage Act is very important to solemnize the bond between 2 people that they consensually want to share for the rest of their life. The above-mentioned 3 laws are the most important marriage laws in India, while some have been upgraded in 2021 and 2022. While these Acts are important, matrimonial lawyers are equally important. To put the marriage onto legal papers, you can hire matrimonial lawyers. You can find the best matrimonial lawyers in Chandigarh if you reside there. The lawyers will help you get your marriage certificate with the right process in a hassle-free way.

Lex Solutions has one of the best matrimonial lawyers in Chandigarh. The lawyers will help you get your marriage certificate and they carry all kinds of matrimonial disputes with the right process in a hassle-free way.