In India, there are quite a few marriage registration laws. Hindu Marriage Act deals only with marriage registration, which has already been formalized. Special Marriage Act, 1954 lays down protocol for formalization and registration of marriages where either the husband or the wife or both are not Hindus, Buddhists, Jains or Sikhs. It is the responsibility of the courts to ensure that the interests of the husband and wife are secured. In the event of a split in the marriage, it should be decided whether or not that break-up was the result of the acts of each side.
At the time of marriage there is no wife in either party. No one is unable to give valid consent to it because of mental health issues. The parties are not sapindas (one is a linear ascendant of the other) of one another, unless their tradition or usage requires the two to marry.
In Indian culture, marriage is regarded as a sacred institution. It is a sacred bond between two individuals, and they agree to spend the rest of their lives together. In India, there are quite a few marriage registration laws.
Following a solemnization of marriage between the brider and the widow, such conditions must be complied with to grant her legal recognition, i.e. to impose her legitimacy under the Indian rules.
In this regard, the law framers have been difficult, because of diverse communities in India, to create a proper system for registering and solemnizing marriage, bearing in mind that where some law or regulation has been found adversely affected by any religious tradition, it may be met with widespread opposition.
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Combination of various cultures: the Hindu Marriage Act
Matrimonial Necessities Registration
THE MARRIAGE ACT HINDU, 1955
Under the Hindu Marriage Act, 1955, certain requirements must be met in order to grant a legal status to marriage between the parties and to make it a legitimate marriage. These requirements have been laid out in Sections 5 and 7 of the Act. Pursuant to section 5 of the Hindu Marriage Act 1955, marriage shall be valid only if the two parties to the marriage are Hindus. If one of the parties to the union is a Christian or a Muslim, the marriage is not a legitimate Hindu marriage
Marriage between a Hindu man who has become a Christian and a Hindu Christian woman is not a legitimate marriage. Pursuant to section 5 of the Act, the marriage between two Hindus can be solemnised.
- At the time of marriage there is no wife in either party;
No one is unable to give valid consent to it because of mental health issues,
While they were able to give their valid consent, neither suffered from psychiatric illness of any kind or to the degree that they were unsuited to marriage and child procreation,
- None of them have had recurring insanity and epilepsy attacks.
- The bridegroom was 21 years old and the bride at marriage was 18 years old,
- The parties shall be not in the degree of a partnership forbidden unless the custom or use that governs both requires marriage,
- The parties are not sapindas (one is a linear ascendant of the other) of one another, unless their tradition or usage requires the two to marry
Degree of prohibited relationship-Two parties are said to be liable to the degree of prohibited relationship if –
Either of them is the linear ascendant of the other.
Whether one was the wife or husband of the linear ascendant or the children of the other,
If one of them was a brother’s wife, or a father’s brother, or a mother’s brother, or a grandfather’s brother, or a grandma’s brother,
If the two are brother and sister, uncle and niece, aunt and nephew, or offspring of brother and sister, or of two brothers or two sisters.