02 May 2024 Hindu Marriage Act 1955
THIS ARTICLE COVERS ‘DAILY CURRENT AFFAIRS’ AND THE TOPIC DETAILS OF THE’ Hindu Marriage Act 1955′. THIS TOPIC IS RELEVANT IN THE’ Political Science’ SECTION OF THE UPSC CSE EXAM.
Why in the news?
Recently, the Supreme Court said a Hindu marriage cannot be termed conclusive in the “absence of a valid ceremony” under the Hindu Marriage Act, 1955. The court contended that a Hindu marriage is not an event for “song and dance” and “wining and dining” as it holds profound significance beyond mere festivities. A bench of Justices B V Nagarathna and Augustine George Masih underscored that a Hindu marriage is a sacred sacrament, not to be overlooked in the absence of a valid ceremony under the Hindu Marriage Act.
The court urged young individuals to reflect on the sanctity of marriage in Indian society, emphasising its status as a cherished institution. “A marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings after that. A marriage is not a commercial transaction. It is a solemn foundational event celebrated to establish a relationship between a man and a woman who acquired the status of a husband and wife for an evolving family in the future, a basic unit of Indian society,” the bench said.
The bench also termed marriage a sacred bond that fosters lifelong commitment, dignity, equality, consent, and a healthy union between two individuals. It emphasised that Hindu marriage enables procreation, strengthens family bonds, and promotes communal harmony within diverse communities. A bench of justices, B.V. Nagarathna and Augustine George Masih, also observed that Hindu marriage registration under Section 8 of the Hindu Marriage Act facilitates proof of the marriage.
About Hindu Marriage Act 1955:
The Indian Parliament enacted the Hindu Marriage Act of 1955 to regulate and codify marriage among Hindus. The Act covers various aspects of Hindu marriages, including conditions for marriage, registration of marriage, rights and obligations of married couples, and grounds for divorce.
Some key provisions of the Hindu Marriage Act include:
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- Applicability: The Act applies to Hindus, Jains, Sikhs, and Buddhists. It applies to any person who is a Hindu by religion in any of its forms or developments, including Virashaiva, Lingayat, and a follower of the Brahmo, Prarthana, or Arya Samaj. It does not apply to members of any scheduled tribes unless the Central Government directs explicitly otherwise by notification in the official Gazette.
- Conditions for Marriage: It lays down certain conditions for a valid Hindu marriage, such as mental and physical capacity, age of marriage, consent, and absence of prohibited relationships.
- Solemnization of Marriage: The Act specifies the ceremonies and rituals constituting a valid Hindu marriage.
- Rights and Obligations of Spouses: The Act defines the rights and duties of married partners, including their rights to maintenance, inheritance, and other matters.
- Grounds for Divorce: It provides for various grounds on which either party to the marriage may seek divorce, such as adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, etc.
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- Void and Voidable Marriages: The Act distinguishes between void and voidable marriages, with void marriages being legally invalid from the beginning and voidable marriages being valid until annulled by a court.
- Restitution of Conjugal Rights: The Act also includes provisions for the restitution of conjugal rights, whereby a spouse can petition the court for the resumption of marital cohabitation.
Important Section of the Act:
Several sections of the Hindu Marriage Act of 1955 are crucial for understanding the legal framework surrounding Hindu marriages in India. Some are:
- Section 5: This section lays down the conditions for a Hindu marriage to be considered valid. It includes factors such as age, mental capacity, prohibited relationships, etc.
- Section 7: It deals with the ceremonies and rituals required for the solemnization of a Hindu marriage.
- Section 9: This section pertains to the restitution of conjugal rights. It allows either spouse to petition the court for the restitution of marital cohabitation if it has been withdrawn without reasonable excuse.
- Section 10 outlines the grounds for judicial separation, which is a step short of divorce. It allows spouses to live separately while remaining legally married.
- Section 11: This section specifies conditions under which a Hindu marriage is void, i.e., legally invalid from the beginning.
- Section 12 deals with voidable marriages, providing grounds for the court to declare a marriage null and void.
- Section 13: This section covers grounds for divorce, including adultery, cruelty, desertion, conversion to another religion, etc.
- Section 16: It mandates the registration of Hindu marriages, making it compulsory in certain circumstances.
Some Landmark Judgement on Hindu Marriage Act 1955:
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- The Sarla Mudgal v. Union of India (1995): The court ruled against Hindu husbands converting to Islam for a second marriage while being married under Hindu law. This act was deemed illegal and against the sanctity of marriage.
- Bhaurao Shankar Lokhande v. State of Maharashtra (1965): This case focused on the validity of a second marriage under Section 494 IPC. The court stressed the importance of essential rituals for a valid Hindu marriage, acquitting the appellants due to the absence of necessary customs.
- Ramesh Chandra Daga vs Rameshwari Daga (2005): This case highlighted the need to fulfil the legal conditions for a valid Hindu marriage. It discussed a woman’s second marriage without legally ending her first, emphasizing adherence to statutory requirements. The case primarily dealt with the dispute over the validity of a marriage ceremony conducted between Ramesh Chandra Daga and Rameshwari Daga. There were contentions regarding the legality and observance of essential rituals and customs required for a valid Hindu marriage.
- Lily Thomas v. Union of India (2006): The Supreme Court held that a second marriage during the subsistence of a valid first marriage is void and punishable under the Hindu Marriage Act. It upheld the principle of monogamy in Hindu marriages.
- Joydeep Majumdar v. Bharti Jaiswal Majumdar (2021): The court emphasized mutual consent in divorce cases. It held that both parties must agree to seek a divorce on specified grounds as per the provisions of the Hindu Marriage Act.
- Amarjeet Singh v. Union of India (2022): The court clarified that a wife can also seek divorce for an irretrievable marriage breakdown. This is similar to the provisions available to the husband under the Act.
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Prelims Practice Question:
Q. Consider the following statements about the Hindu Marriage Act 1955:
- It does not apply to members of any scheduled tribes unless the Central Government directs explicitly otherwise by notification in the official Gazette.
- Section 7 of the act deals with the ceremonies and rituals required for the solemnization of a Hindu marriage.
- Conversion is one of the common grounds for divorce in the Act.
How many of the statements above is/are correct?
A. Only one
B. Only two
C. Only three
D. None
ANSWER: C
Mains Practice Question:
Q. How does the Hindu Marriage Act of 1955 address the ethical concerns surrounding arranged marriages, including consent and autonomy of the individuals involved?
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