1: INTRODUCTION
Marriage is regarded to be a sacrament by Hindu,rather than a form of social contract , since they believe that all men and women are created to be parents, and practise dharama together,as ordained by the vedas.
under classical islamic law , the validity of a marriage contract does not in a any depend on the performance of any recorded ceremony or documentation: mutual consent capacity to enter into the contract ,and witnesses on the occasion being the only requisites necessary to make the contract valid and binding.{1}
2:- Relevance of special marriage Act,1954
The Special Marriage Act of 1956 provides some legal recognition to people in a Hindu - Muslim marriage .This Act does not override the separate clauses of the Hindu and Muslim laws. The spouses continue to be bound by the laws of their respective religious , unless one of them gets converted .This Act is intended to solve the basic legal disputes or matrimonial affairs that arise over the course of an inter- faith marriage .{2}
3:- What is the validity of marriage under HMA?
SECTION 5(i) of the Hindu Marriage Act,1955 specifies that neither party had a spouse who was still alive at the time of the marriage . The marriage is deemed null and void if any of the parties had a spouse who was still alive at the time of the union.{3}
4:- Is online Nikah valid?
One of the most common questions asked about online Nikah is whether it is legally and religiously recognized. the answer isyes, online nikah is legally and religiously recognized in many countries around the world, including Mualim-majority countries.the term ''online marriage'' is not written in the law yet.{4}
5:- Is hindu marriage valid without registration?
The validity of a hindu marriage is not affected by failure to register the marriage . A religious marriage ceremony is enough for a marriage to be considered valid under this Act . Marriage occurring under the special marriage act ,1954 have to be registered in order to be seen as valid marriage.{5}
6:- Is nikah valid without registration ?
If a nikah is performed but not documented (no marriage license), is the nikah still valid ?yes, it is valid religiously(assuming the nikah wsa performed properly).{6}
7:- Is marriage without certificate valid in India ?
Even thoughregistration of marriage is not compulsory,the parties must ensure that they get their marriages registered . If parties do not get their marriages registered ,they might suffer a lot of losses or disadvantages. Registration of marriage is important as it becomes valid and recognized in the eyes of law .{7}
8:-What is formal validity of marriage ?
Formal validity refers tothe procedural requirements that must be met for a marriage to be considered legally binding.These requirements my include obtaining a marriage license, having witnesses present ,or conducting the ceremony in a particukar location .{8}
9:- Who can challenge validity of marriage ?
Judicial precedents hold that only the husband oer the wife can maintain a challenge to a wedlock under the Family courts Act.{9}
10:- Can a valid marriage be voidable?
Termed as voidable marriages ,few marriage are also valid till declared null and void .A voidable marriage is annulled by the de ree of nullity under section 12 of the Hindu Marriage Act ,1955.{10}
11:-Is second marriage legal in India ?
under Indian Penal Code Section 494,if a person marries for the second time during the life time of his wife or her husband without divorce ,the marriage is void .if convicted of the offence the person shal be punished with imprisonment of ''either description for a term which may extend to seven years ''.{11}
12:-What is the proof of Hindu marriage?
The marriage certificate is an official declaration that states that two people are married . in India ,Marriage can be registered either under the hindu Marriage Act ,1955 or under the special marriage Act ,1954. For both types of marriages ,a marriage certificate is legitimate proof that a couple is married .{12}
13:- What is the validity of marriage certificate in Inida?
It is important to note that there are difference between a civil and a religioud marriage certificate .A civil marriage certificate is valid for lifeand can be used to get various government benfits , such as a passport and a driving license.A religious marriage certificate, on the other hand ,is not as permanent.
Part 1: ONLINE MARRIAGE BETWEEN XY WHEN THEY ARE PHYSICALLY TOGETHER AND PRIEST IS SOLEMNIZING MARRIAGE ONLINE.
HINDU LAW :
In the current case , presuming all the condition fulfilled prescribed by section 5 of the hindu Marriage i.e. neither party is incapable of giving a valid consent ,to it in consequence of unsoundness of mind or capable of giving a valid onsent ,has been suffering from mental disorder unfit for marriage or procreation of chaildren ,has bridegroom has completed age of 21 and bride completed age of 18 at time of marriage , parties are not within the degree of prohibited relationship ,or sapindas to each other unless the customs allows the same .
In the present case , focus should be put upon section 7 which prescribes that any hindu marriage may be solemnized, only when the customs and ceremonies decide the validity of the marriage , in the current case ,when a priest is solemnizing marriage online ,and bride and groom are at a same place ,it can be assumed that ,all customsand ceremonies such as tying of tali , exchange of garlands and completion of saptapadi ,which constitution a valid Hindu Marriage , it has also been held inRE PONUSWAMI ,by justice an idol in the temple was a form of customary marraige , and that even without a priest officiating the same .
There was a complete marriage .In tghe present case ,the priest was virtully present and it cand be assumed that , the marriage was being solemnized according to all the customary practices , with bridegroom and bride completing the same ,thus constituting a valid Hindu Marriage . Hence in the current case it can be stated that ,even if a priest is not officiating a marriage virtually through online format ,as long as the conditionds under section 5 and section 7 are fulfilled , a hindu marriage is valid .
MUSLIM LAW :
FOR A VALID MARRIAGE (NIKAH) IN MUSLIM LAW,THE ESSENTIALS ARE:
- Firstly capacity to marry, i.e. parties should have attained puberty, the parties should be of sound mind, this is also essential as Muslim marriage is contractual in nature.
Secondly Marriage should in a form of acceptance and proposal, i.e. there should be a proposal from one end and acceptance from another. In Shia community of Muslims, witnesses aren't necessary to constitute a valid marriage, but in Sunni community of Muslims, witnesses should be there at least two males or one and two females who should be sane and adult persons, however there absence would not make a marriage void but only render it as irregular.
Thirdly the parties to should not be in a degree of prohibited relationship, like mother and son, grandmother and grandson, brother and sister, uncle and niece, nephew and aunt. Also the presence of dower is an essential to nikah, a sum of money which the bride receives from the bridegroom or his relatives in consideration of the marriage. - Even if the dower is not specified at time of marriage, it will not render the marriage void but an agreement to pay a proper dower would be implied.
Blending the above conditions with the present scenario given, it can be presumed that all the conditions are being fulfilled by the parties to the marriage who are at a same geographical location, and the nikah is being pronounced by the priest through video call, though the facts are unclear about the witnesses, still the marriage would not be void and would only be considered as irregular.
Hence it can be stated that, a Muslim marriage in which both bride and groom are at a same place and a priest is solemnizing the marriage through video call, is valid according to Muslim Law.{13}
14:-CONCLUSION
The parties to a maggiage must have the capacity to enter into a contract .In other words ,they must be competent to marry. A muslim who is of sound mind and who has attained puberty may enter into a contract of marriage . the parties must be able to understand the nature of their act.{14}
15:- CITATION
1:Anubhav,"Introduction" https://www.legalserviceindia.com (last visited on November 20,2023)
2:Nihit Nagpal," Relevance of special marriage Act,1954" https://www/lexology.com (last visited on November 20,2023
3:Sneha Mahawar," What is the validity of marriage under HMA" https://blog.ipleaders.in (last visited on 20,2023)
4:Geeta Narula," Is online nikah valid " https://www.naavi.org (last visited on November 21,2023)
5: Bhawna Kumari," Is hindu Marriage valid without registration " htpps://cprpbiz.io (last visited on November 21,2023)
6: Rheaa Nair ," Is nikah valid without registration "https://www.legalserviceindia.com (last visited on November 21,2023)
7:Bhawna Kumari ," Is marriage without certificate valid in india '' https://corpbiz.io (last visited on November 22,2023)
8:Ayesha Hasan," what is formal validity of marriage " https://www/3djb/co.uk ( last visited on November 22,2023)
9:Pariplab Chakraborty, " Who can challenge validity of marriage " https://thewire.in (last visited on November 22,2023)
10:Adeeba,"can avalid marriage be voidable " https://www.legalserviceindia.com (last visited on November 23,2023)
11:Adv.Rupa K.N," Is second marriage legal in india "https://www.ezylegal.in (last visited on November 23,2023)
12: Mohd Sarim Khan," What is the proof of Hindu marriage "https://blog/ipleaders.in ( last visited on November 24,2023)
13: Anubhav," What is the validity of marriage certificate in india " https://www/legalserviceindia.com (last visited on 24,2023)
14:Anubhav,"conclusion" https://www/legalsreviceindia.com (last visitwed on November 25,20203)
