Note4Students
From UPSC perspective, the following things are important :
Prelims level: Features of the Hindu Marriage Act, 1955 and its applicability
Mains level: NA
Why in the news?
- The Supreme Court recently emphasized the sacredness of Hindu marriage, stating it is not merely a social event but a ‘samskara’ and a sacrament of significant value in Indian society.
- The court’s observations came in response to a case involving two commercial pilots seeking a divorce decree without a valid Hindu marriage ceremony.
About Hindu Marriage Act, 1955
| Details | |
| Enactment | Passed by the Parliament of India on May 18, 1955. |
| Purpose | Amendment and codification of laws related to marriage among Hindus and others. |
| Applicability |
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| Conditions for Marriage | Section 5 specifies conditions including age, mental capacity, consent, and absence of prohibited relationships. |
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Features of the HMA |
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| Guardianship for Marriage | Section 6 outlines the persons entitled to give consent for a bride’s marriage. |
| Solemnization of Marriage | Section 7 recognizes customary rites and ceremonies for Hindu marriage. |
| Registration of Marriage | Section 8 allows for the registration of Hindu marriages for facilitating proof. |
| Ceremonies for a Hindu Marriage |
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| Restitution of Conjugal Rights | Section 9 permits application for restitution of conjugal rights if one spouse withdraws without excuse. |
| Judicial Separation | Section 10 provides for judicial separation based on certain grounds. |
| Nullity of Marriage and Divorce | Grounds for voidable marriages and divorce specified in Sections 11-13. |
| Mutual Divorce | Section 13B allows mutual divorce by consent of both parties. |
| Alimony and Maintenance | Sections 24-25 enable spouses to seek maintenance and alimony post-divorce. |
| Marriage Laws (Amendment) Bill, 2010 | Proposed amendments for easier divorce on grounds of irretrievable breakdown. |
| Judicial Review | Supreme Court rulings on divorce petitions and exercise of powers under Article 142. |
Essence of Hindu Marriage: Supreme Courts’ Observations
- Denouncement of Unrecognized Marriages:
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- The Supreme Court denounced the practice of seeking marital status without a valid ceremony.
- Emphasized that marriage is a lifelong commitment and not to be treated lightly.
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- Sacred Character of Hindu Marriage:
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- Hindu marriage is termed as a ‘sacrament’ with a sacred character.
- It symbolizes the unity of two individuals into a dignified, equal, and consensual union.
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- Institutional Importance:
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- Viewed as a vital institution for procreation, family consolidation, and fostering fraternity within communities.
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- Adherence to Rites and Ceremonies:
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- The court reiterated that a Hindu marriage must adhere to the rites and ceremonies prescribed under the Hindu Marriage Act.
- For instance, the ‘saptapadi’ ceremony is essential for validity.
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- Role of Marriage Registration:
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- Marriage registration aids in providing evidence of the wedding.
- However, it does not confer legitimacy if the marriage is not solemnized according to the Hindu Marriage Act.
PYQ:[2020] Customs and traditions suppress reason leading to obscurantism. Do you agree? [2015] Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. |
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