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What Is The Significance Of The Hindu Marriage Act Over Love Marriage?

  • Writer: Lead India
    Lead India
  • Jun 27, 2023
  • 3 min read

In order to safeguard the rights of the parties to a marriage, the Hindu Marriage Act was passed. The partners may perform the marriage ceremony in whatever way they choose, according to the law. According to the accepted conventions in their culture, the parties are permitted to get married to one another. Such parties are required to abide by a number of requirements outlined in the aforementioned Act's provisions.

The major objective of the Act was to codify and update the regulations governing Hindu marriage. It provides provisions for divorce and separation, both of which were previously covered by Sastrik Law, in addition to amending and codifying Sastrik Law (old Hindu Law). Thanks to this legislation, the same Hindu law is currently followed by all Hindu communities. Every one of India's many different religions has its own set of civil laws that govern its adherents on an individual basis.

The Act's provisions were designed with the rise in marriage-related fraud cases in mind, which presented many difficulties for the parties. Every Hindu party is required to abide by the Act's rules when it is enacted in order to consummate a legitimate marriage with their spouse.



Important characteristics of the Hindu Marriage Act of 1955

  • The Hindu Marriage Act's Section 7: The procedures that must be followed for a legal marriage are outlined in this section. Hindu marriages are solemnized in accordance with the current customs and rituals of either party to the union. Additionally, parties must take part in the obligatory "Saptpadi" performance, in which they walk seven steps around the sacred fire together. After all seven steps have been accomplished, a marriage is finalized. It becomes enforceable and binds both parties legally.

  • The Hindu Marriage Act's Section 9: The provisions relating to the establishment of conjugal rights are stated in this Section. A conjugal right is a privilege granted to both spouses in a marriage to share living quarters with the husband or in the marital home. The purpose of this provision is to protect the parties' marriages and attempt to save them by requesting that they cohabitate.

  • Since bigamy is prohibited, a man is not allowed to have numerous wives at once. Having two spouses who are simultaneously still alive is referred to as bigamy in Section 5 of the Act. It suggests that in order to get married again, one must first acquire a divorce from their first spouse. According to Sections 494 and 495 of the Indian Criminal Code, 1860, he would be penalized if he committed the illegal act.

  • Pay attention to the parties getting married's mental health. A person who was mentally incompetent at the time of their wedding cannot get married. The person must also offer their enforceable consent before getting married. The mental ability criteria for Hindu marriage are described in Sections (a) and (c).

Significance:

The Hindu Marriage Act is significant for love marriages since it provides the couples who choose this sort of union with legal legitimacy and protection. The act makes sure that, in terms of rights and obligations under the law, love weddings and arranged marriages are regarded equally. It gives love marriages a formalized structure for registration and safeguards the interests of both partners, especially when it comes to inheritance, property rights, and child custody.

Additionally, by encouraging individual autonomy and matrimonial freedom of choice, the Hindu Matrimonial Act has aided in cultural reforms. It has contributed to challenging and emphasizing societal conventions and lowering stigmas related to love weddings. The statute emphasizes the value of consent and the freedom to select one's life partner while acknowledging that marriage is ultimately a personal choice.

It's crucial to remember that the Hindu Marriage Act does not completely remove all potential difficulties or barriers that a couple in a love marriage may encounter. Social and cultural norms can still cause problems in relationships, especially when there is opposition from communities or families. Although love marriages are legally protected, societal acceptance and support are essential for their success and happiness.

In general, the importance of the Hindu Marriage Act for love weddings resides in providing legal recognition, defending couples' rights, and encouraging individual choice in marriage within the Hindu community.

A court marriage in Faridabad may be done if the couple lives in Faridabad. Moreover, if the couple lives in Ghaziabad, then a court marriage in Ghaziabad may be performed. A court marriage in Delhi may be done if the couple lives there.

Lead India delivers data, legal services, and free legal advice online to address the issue. Ask a legal question online and talk to a lawyer to receive the best advice in this situation.


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