Marriage in Indian Law

Marriage is more than just a social or cultural event. It is a legal bond that forms the foundation of a family and plays a vital role in maintaining social stability. In India, the institution of marriage is deeply respected across communities, but the legal system ensures that it happens under certain conditions. These rules are meant to protect both partners and to make sure that the relationship is recognized by law.

Different religious and community groups in India have their own personal laws for marriage. However, all of them set certain requirements that must be fulfilled for a marriage to be valid. The law does not just see marriage as a personal matter but as an important legal status with rights and duties.

The Right to Marry

The right to marry is recognised as part of the right to life and personal liberty under Article 21 of the Constitution of India. This means that every adult citizen has the freedom to choose their life partner without interference, as long as the choice follows the legal requirements.

The Universal Declaration of Human Rights, 1948, also protects this right. It says that men and women of full age, without any discrimination based on race, religion, or nationality, have the right to marry and start a family. It also says marriage should only take place with the free and full consent of both people, and that the family is the basic unit of society, which must be protected by the state.

Limits on the Right to Marry

While the right to marry is important, it is not absolute. Certain situations can limit this right. For example, in the case of Mr. ‘X’ v. Hospital ‘Z’, a man found to be HIV positive had proposed marriage to a woman without knowing his health status. When the information became public, the marriage was called off. The court initially ruled that such a person could not marry until cured, reasoning that protecting the health of a spouse is important.

However, a larger bench later clarified that if the other person knows the health condition and still gives informed consent, the marriage is allowed. In such cases, precautions should be taken to protect both partners and any children. This ruling shows that honesty and full disclosure are essential before marriage.

Protection for Choice in Marriage

Indian courts have strongly protected the freedom of adults to marry whoever they want. In the case of Lata Singh v. State of Uttar Pradesh, a woman married a man from another caste. Her family reacted with threats and violence towards her husband and his relatives. The Supreme Court ordered the police to protect the couple and punish those who harassed them.

The court said that in a free and democratic country, once a person is an adult, they can marry anyone of their choice. Parents may choose to cut off relations if they disapprove, but they cannot threaten or harm the couple. The court also said that inter-caste marriages help weaken the caste system, which is in the national interest.

Conditions for a Valid Hindu Marriage

The Hindu Marriage Act, 1955 sets specific conditions for a marriage between two Hindus to be valid:

• Neither person should already be married to someone else.
• Both must be mentally capable of giving valid consent, and neither should suffer from mental disorders that make them unfit for marriage or for having children.
• The groom must be at least 21 years old and the bride at least 18 years old.
• The couple should not be related within prohibited degrees of relationship unless custom allows it.
• They should not be sapindas (close relatives by blood) unless custom allows it.

The term “Hindu” in this Act also includes Buddhists, Jains, and Sikhs. This means these communities also come under the Act unless specifically excluded by law.

Ceremonies in Hindu Marriage

A Hindu marriage is solemnised according to the customary rites of either the bride’s or groom’s community. If the custom includes the ritual of saptapadi (seven steps taken together before the sacred fire), the marriage becomes complete when the seventh step is taken. However, saptapadi is not compulsory in every community. If another recognised ceremony is part of the custom, that is also valid.

Kanyadaan, the giving away of the bride, is also not compulsory. What matters is that recognised marriage rituals are performed. If it can be shown that the marriage took place with some recognised ceremonies, it is presumed valid unless there was fraud or force.

Both Must Be Hindus at the Time of Marriage

For a Hindu marriage to be valid, both people must be Hindus at the time of the marriage. If one person is not Hindu by birth but has converted before the marriage and genuinely follows the faith, the marriage is valid.

If one person remains non-Hindu at the time of marriage, the marriage is void under the Act. Courts have also said that if a person has one Hindu parent, they are treated as Hindu for marriage purposes.

Court Examples

Several court decisions have clarified how these rules work:

• If a Hindu marries a non-Hindu without conversion, the marriage is void. Registration under the Hindu Marriage Act cannot make it valid.
• If both are Hindus and follow Hindu customs, the marriage is valid even if one is a foreign citizen or lives abroad.
• Where one parent is Hindu, the child can marry under Hindu law.

Why the Conditions Exist

The purpose of these conditions is to prevent harmful or fraudulent marriages. They ensure that marriage happens with full consent, correct age, and without close blood relations unless custom allows. These safeguards protect the couple, their families, and the integrity of the institution of marriage.

Minimum Age for Marriage

Under the Hindu Marriage Act, the minimum age is 21 years for men and 18 years for women. Marrying below this age is a legal offence and is punishable, but such a marriage is not automatically void or voidable under Hindu law. Instead, it remains valid unless it is annulled under certain other conditions, such as fraud or force.

The Prohibition of Child Marriage Act, 2006 applies to all communities and makes certain child marriages voidable at the option of the minor.

Registration of Marriage

Under the Hindu Marriage Act, registering a marriage is optional, not compulsory. Section 8 says that a marriage is valid even if it is not registered. However, the Supreme Court in Seema v. Ashwani Kumar has recommended that registration be made compulsory for all marriages across religions.

Registration helps avoid disputes about whether a marriage took place and provides evidence for rights such as inheritance, custody of children, and maintenance. Some states have rules for registration, and while physical presence has traditionally been required, courts have allowed flexibility using modern technology in special cases.

Void and Voidable Marriages

A void marriage has no legal existence from the start. The parties can marry someone else without getting a divorce, as the law treats it as if it never happened. A voidable marriage is valid until annulled by a court. Until then, both partners have the rights and duties of a married couple.

Under Hindu law, a marriage is void if one partner already has a living spouse, or if the couple is within prohibited relationships or sapinda relationships without custom allowing it. It is voidable if it has not been consummated due to impotence, if there was mental incapacity, fraud, force, or if the bride was pregnant by another man at the time of marriage.

Importance of Understanding Marriage Laws

Marriage laws protect the rights of both spouses. They also safeguard the interests of children born in the marriage. Understanding the law helps prevent disputes and ensures that the marriage is valid and recognised in society and by the courts.