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Void Marriages Under Hindu Law

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The concept of marriage under Hindu Law is a sacrament in name of God by performing religious ceremonies in order to attain moksha by controlling artha and kama by practicing dharma, which is consequence of Hindu philosophy of life and marriage by doing ones social and religious duties.

1: Introduction

Under Hindu system a marriage may be perform with all the ceremonies by both or either one party of the marriage. A marriage is concerned with saptapadi which means seven rounds. In saptapadi both bride and groom take seven rounds of fire and after which marriage become binding.Marriage is regarded to be a sacrament by Hindus, rather than a form of social contract, since they believe that all men and women are created to be parents, and practise dharma together, as ordained by the Vedas.{1}

2: Which article is the hindu Marriage Act under ?

A marriage is directly registered by the Registrar of Marriage under section 8 of Hindu Marriage Act-1955 on the same working day. Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt.{2}

3: Nature of hindu marriage law ?

Section 2 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. Any person who is a Buddhist, Jain, or Sikh also comes under this act. 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. It is believed that it is the strongest bond between husband and wife. It is an unbreakable bond that remains even after death. The importance of marriage is not to the extent of one generation but it is an in-depth belief of Hinduism. Without a wife, a person is considered incomplete while performing any rites of Hinduism. It is very important to perform all the rites with the wife.

The Medieval period of Hinduism lasted from 500 to 1500 AD. Hinduism is the oldest religion which contains a wide range of tradition and culture which are followed by all the Hindus across the globe. Any person who is a Hindu by religion or born in Hindu family with Hindu father or mother in any of its forms such as Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj or any person who is a Buddhist, Jain, or Sikh is also a Hindu by religion. Thus, any person except a follower of Muslim, Christan, Parsi, or Jew religion is a Hindu.Any person born in a Hindu family or has a Hindu father or mother such a person is considered as Hindu by birth. Any person born in any community apart from Muslim, Christian, Jews is also a Hindu. Any child, legitimate or illegitimate if either of his parents is Hindu, if he is brought up by the parent who is hindu shall be considered as Hindu by birth.{3}

4: The concept of Marriage under the hindu law

For a long period of time Hindu marriage rites have been changed accordingly due to the needs and convenience of the people from time to time. It is the relationship between husband and wife. According to Hinduism, this sacrament is one of the most important sacraments out of 16 sacraments in Hinduism. It is a sacred tie that cant be broken. It is a relationship from birth to birth, it is a bond which continues after rebirth and death. According to Veda, a man is incomplete until he gets married and meets with his partner.{4}

5: Forms of Marriage under the Hindu Law?

The ancient Hindu law recognized three forms of Shastric marriages as regular and valid. These were Brahma (bride given gift by father), Gandharva (mutual agreement of bride and bridegroom) and Asura (bride virtually sold by the father).

There are three forms of marriage which are been described in Shastris law as valid and regular:

Brahma Marriage
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. The act called marriage which is performed according to the Shastric rites and ceremony or customary ceremonies prevalent in the community

Gandharva marriage
There is the mutual consent of the bride and groom and is generally known as love marriage. These marriages are prevalent in the present modern world. where the bride and groom select each other and perform marriage according to the Shatri rites and ceremony.

Asura marriage
Asura marriage is aggressive and forced marriage where the bride is sold by the father, it is still prevalent and performed very commonly even by high-class Hindu.

The Current Hindu Marriage Act doesnt define or describe or acknowledge these forms of marriage. So, in the present world, people are not obsessed with only these forms of marriage. People are more aware of their choices and instead of accepting their fathers choice they want to select their partner on their own.{5}

6: Conditions for validity of a Hindu Marriage ?

Section 5 A valid marriage shall be solemnized between two Hindus if the following conditions are fulfilled:

Any person doesnt have a spouse living at the time of the marriage. According to the Hindu Marriage Act, It is not permissible to have two living wives at the same point in time, which amounts to bigamy. It is punishable under Section 494 of the Indian Penal Code.
The groom shall attain the age of 21 and the bride attains the age of 18. It is necessary at the time of marriage the person shall attain the specified age given in this Act.
The consent shall not be given by coercion or threat. In the modern world, a father cant get the girl married to any without a girls consent. Marriage will be void.
They dont fall under the Sapinda relationship, or within the degree of prohibited relationship unless it is allowed by their custom or tradition.
The person shall be not suffering from any insanity or mental disorder at the time of the marriage.{6}

7: Conclusions
Hindu marriage is considered to be so sacred ,it is believed that once marriage is complete by performing proper rites and ceremonies, the marriage can not be dissolved at any cost and even after death their soul remains united.{7}

8:Citation

1: Pandeymit,"introduction" https://www.legalserviceindia.com (last date on November 25,2023)

2:wikipedia," which article isthe hindu marriage under" https://en.m.wikipedia.org(last visited on November 25,2023

3:Adv.Pooja Gupta,"Nature of hindu marriage law" https://lawsstudy.com (last visited on November25,2023

4:Lawbhoomi,"the concept of marrige under hindu law" https://lawbhoomi.com (last visited on November 26,2023)

5:Vishesh gupta ," forms of marriage in hindu religion "https://blog.ipleaders.in (last visited on November 26,2023

6:wikipedia,"condition for validity of a hindu marriage " https://en.m.wikipedia.org (last visited on November 26,2023)

7: Pandeymit," conculsion" https://www.legalservicsindia.com ( last date on November 26,2023)

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