The Hindu Code Bill was introduced in the Constituent Assembly established by the British Parliament, but due to opposition from many representatives, that law could be passed, which was later passed in four parts from 1955, in which the Hindu Marriage Act was implemented in 1955. . Under this law, people of Sikh, Jain, Buddha, Lingayat and Arya Samaj were taken under this law and a common law was made for marriage.
Marriage in Christianity and Islam is a marriage contract, but in Hindu tradition, marriage is considered a sacred bond, which is considered to be the bond of seven births. Thereby, there was no law before this law for any split process like Christianity and Islam. Which was the biggest problem in making this law. But given the constitutional structure, it was necessary to keep this provision in the Hindu Marriage Act.
Therefore, here we will present the information related to this law in simple language. In which we will try to give information on many such topics, what is the method of marriage, what will be illegal marriage and what will be the process of separation. It is called personal law, under which some provisions of the Indian Penal Code are used for this law.
History of Hindu Marriage Act –
After the implementation of the Constitution of India, the system of Indian society was completely under the Constitution, but before this law came into force, the right to regulate Indian marriages was according to Dharmashastra. It is not that this does not happen today, but as much as the authority of religion had earlier on this law, it was reduced and this law was made under the legal system of India.
Before the independence of India, laws were made by British India in many customs of India, in which child marriage ban law and sati system were banned, but for this they faced a lot of opposition and later they made the subject of making laws in matters of religion, kept apart. Therefore the Hindu Code Bill was introduced in the Constituent Assembly, but for this the Nehru government had to face a lot of opposition.
Therefore, instead of implementing the Hindu Code Bill later, it was implemented after 1955 by making some changes in the law divided into four parts. In 1954, the Special Marriage Act 1954 was enacted, under which any couple of any religion of India can marry under this law. Which, through the fundamental right of the constitution, considers all the citizens of India equal.
Hindu Marriage Act 1955 –
Personal law was being made in the Constituent Assembly through the Hindu Code Bill, but due to a lot of opposition to it, after making some changes in it, four laws were separated and one of them, the Hindu Marriage Act, was made in 1955. In this, mainly Hindu has been explained, in which Sikh, Jain, Lingayat, Arya Samaj, and except Christian, Islam and Parsi society, whatever society lives in India, they were considered as Hindu.
Under this law, what would be the method of marriage, it was decided, in which mainly Saptapadi, Kanyadaan and Vivah Vidhi were recognized which would be considered a legal marriage. In Hindu marriage system, marriage is considered to be a sacred bond and the wife is considered to be the wife of the husband, who wishes for the same husband till birth, this protest is considered according to religion.
Dividing the Indian marriage system, this practice was almost negligible, but over time the evidence of women being financially independent has increased in Indian society, due to this the proof of separation has also increased, so this law changes from time to time. We get to see. Along with this, any citizen of India can get married under the Special Marriage Act, this option was also done by the Government of India.
Grounds for Valid Marriage –
- Monogamy: This rule is for the husband and also for the wife.
- For marriage, the girl and the boy should be mentally capable (Sanity).
- For marriage, the age of the girl should be 18 years and the boy should be 21 years.
- The previous generation and subsequent generations of one’s family shall not marry as per Section 5 of the Hindu Marriage Act (Beyond Prohibited Degree)
- Marriage in the same family is prohibited according to Section 5, which is called Beyond Sapind Relations, in which this standard is held for five generations from the father’s side and three generations from the mother’s side.
If the above provisions in the Hindu Marriage Act are not found in any marriage, then that marriage is declared invalid under this law. Behind this is the cause of humanity and the individual is the cause of freedom and there is also a scientific reason which creates problems for the child. Therefore. This provision has been given under this law.
Actually, how many of these rules are followed, is a matter of amendment, but this system has been made in the law. Generally, the legal system does not interfere much in the marriage which is recognized socially and socially there is a lot of social pressure on the marriage couple, so it is usually seen that no one takes interference in such marriage.
As changes are taking place in the society, in the same way we are getting to see changes in the coming generations. Therefore, we get to see marriages beyond the customs made by this law, where the freedom of both the individuals is being seen more than the tradition and there is a demand for some law by the court which removes this discrepancy.
Grounds for Divorce in Marriages –
- Exploiting someone in relation to marriage ( Cruelty)
- converting one’s religion in marriage (Conversion)
- Loss of one’s mental balance in marriage (Unsound Mind)
- Vulnerable Decease in Marriage
- Presumption of Death
- In marriage if the couple does not live together (Judicial Separation)
In marriage, the rights of each other should be violated by one of the other (Failure of Conjugal Right)
The grounds of separation have been made for women (Special rights of divorce for women)
In this way the Hindu Marriage Act provides for the grounds of partition in accordance with section 13(1), under which the recognition for partition is given by the court. Special provisions have been made in this for women because in Indian society women are considered to be the oppressed and weak component of the society, so this provision has been given separately.
Many times people feel a lot of mental pain to be divided, in which to avoid accusing each other, a provision has been given in the Hindu Marriage Act to split with the consent of both, so that in marriage both husband and wife can live together peacefully. They decide to separate with the consent of the other and whatever financial and children’s decisions are taken, they take with the consent of each other.
Process of divorce in Hindu Marriage Act –
By the way, during the partition of India, due to the quarrels, allegations and counter allegations between the two families, the process of separation gets delayed a lot because neither one party wants to adjust with the other and wants to give trouble because of it. It takes a long time.
Therefore, in today’s fast-paced life, we mostly see the process of separation by collective consent, which is done in a short time with the consent of each other and it is a very important decision to move forward in life. Therefore, what is the process of separation between husband and wife, we will see further.
Process of Mutual Consent Divorce Process –
In which family court to file a case first?
- Where husband and wife got married.
- Where husband and wife have lived together after marriage.
- Where husband and wife lived for the last time.
According to section 13(b) of separation, the husband and wife must have lived separately for at least one year.
The separation of husband and wife means that they cannot live together in the same house. If they stay in the same apartment, they can’t keep physical relation with each other.
There should be mutual consent without any pressure for the separation of both the parties.
There is a two-stage process for dividing by mutual consent, which is called first motion and second motion.
Divorce process in first motion –
After the family court is decided, the application for divorce has to be presented under section 13(1)B.
Affidavits of both the parties have to be attached to this application, in which it is to be written that they are taking divorce by mutual consent.
Whatever transaction is about to take place, an agreement has to be made and its copy has to be attached with the application.
Divorce process in second motion
The pre-marriage names and addresses and first motion details of both the parties are taken.
There is a difference of 6 months between first motion and second motion, which has to be done within 18 months.
If you want to end this process quickly, then you can end this process by applying under section 151 of CPC.
While doing all this process, both the parties should prepare a Memorandum of Understanding (MOU), in which, if criminal cases are filed against each other, then how to withdraw it and the rest of the mutual agreement has to be written in detail. In this way, you can finish this process with mutual consent in a month.
Features of Hindu Marriage Act –
- Unlike the Muslim Personal Law and other personal laws, the Hindu Marriage Act does not consider a marriage contract to be a sacred bond.
- Saptapadi, Religious Vidhi and Kanyadaan are the norms of legal marriage as per the Hindu Marriage Act.
- In the Hindu Marriage Act Sikhs, Jains, Lingayats and those who are not Muslims, Parsis and Christians are considered as Hindus and all those marriages will be done under this law.
- Couple for marriage should not marry anyone before this otherwise this marriage will be declared invalid.
- Sapinda relations for marriage have been prescribed in accordance with Section 3, in which the generations of father and mother have been fixed under which marriage will be declared void.
- For marriage, both should be Hindu and the age of the girl should be 18 and the age of the boy should be 21.
- According to Section 8 of the Hindu Marriage Act, the registration of marriage can be done in the office of the Marriage Officer after the next 30 days.
- Section 13 of the Hindu Marriage Act provides for partition.
- Polygamy is not permitted in the Hindu Marriage Act, but it has been kept in the category of crime.
- Alimony or Maintenance This amount is decided by looking at the economic and social status of the couple, which can happen every month.
- Under the Hindu Marriage Act, anyone in the couple can be remarried, but for this one may die or if the separation process is completed.
The Special Marriage Act 1954 –
In the Constitution of India, all citizens have been considered equal, instead of any separate provision for a particular religion and caste, therefore, the constitution in its guiding element asks the system of India to make such a law that it should unite all religions together. Therefore the Special Marriage Act was made this law before the Hindu Marriage Act was enacted in 1954.
The purpose of this law was that there should be some law for those who want to start their married life by rising from religion and caste, so this law was made. Under which people of two different religions and people of different castes can get married. India’s caste system and religious system This law has not got much success, but marriages take place under this law.
Under this law, marriage is a civil contract, as in the Hindu Marriage Act, marriage is not considered a civil contract. If the couple is a Hindu in the Special Marriage Act, but it is married in a legal way, in which this marriage is done in the presence of the marriage officer and before the evidence.
Uniform Civil Code –
Under Article 44 of the Constitution of India, it is directed by the Constitution that there should be such a law in the whole of India, under which there should be a common law for marriage, irrespective of caste religion. In the last seventy years, in many cases, we see that people want to get their justice by referring to other personal laws.
The government has been ordered many times by many High Courts and Supreme Court to make a Uniform Civil Code, so that there should be a law for marriage related matters and procedure like property rights and adoption, so that the complexity of different personal laws should be eliminated. Can you
We have seen that in many cases there is a law of divorce in Islam or there is a practice of polygamy, due to which problems arise many times in the case of Hindu marriages. Many times the demand for the right to equality also rises, so the Uniform Civil Code should bring this law, many times initiatives are taken for this. Bringing this law means that we will see a lot of social changes and it is believed that due to political interest, this law is getting delayed.
Hindu Marriage Act This law was made after facing many problems behind becoming this law and all personal laws should come together to form a Uniform Civil Code, this demand has been rising for a long time. The Supreme Court also recognized that due to different personal laws, we get to see many discrepancies in the personal law system. That is why there is a need for a uniform law for everyone together, the court also says so and the constitution also says.
We have tried to know the features of Hindu Marriage Act and we get to see so much diversity in Indian society that many different traditions of many different castes are seen. Due to which a lot of problems are created in many cases, due to which the court has to consider the law of Hindu Marriage Act as proof at present which, according to the court is an incomplete law, there is a need to make a lot of changes in it.
In many cases, people convert to religion to get second marriage, which creates a lot of complexity in the judicial process. There is a big difference between the Muslim Personal Law and the Hindu Marriage Act, due to which many times the court has to understand the importance of the Uniform Law. Uniform civil law for political parties It seems politically risky, so we see a delay in the initiation of this law.