Rules under Hindu Marriage Act 1955 India [July 2021]

Introduction of the Rules under Hindu marriage act, 1955:- The following rules were enacted under the Hindu Marriage Act of 1955: – It is a holy union sacrament for the performance of religious duties. Divorce was strange to the ancient textual Hindu law of marriage. According to Hindus, constitutes an unbreakable bond between husband and wife.

Hindu marriage has always been regarded as a sacrament, with the implication that it is permanently indissoluble (valid not only in this life but also in future lives). Hindu marriage is a holy marriage. According to Hindu belief, a wife is also ardhangni (half of a man).


Types of Hindu Marriage under Hindu Marriage Act, 1955

Valid Marriage in Hindu law

According to the Hindu Marriage Law 1955, a valid marriage does not require caste or sub-caste status. The law does not recognize the prohibition of marriage based on the Sargotra relationship.

However, the law provides five prerequisites for a valid Hindu marriage, as follows:

Monogamy under [sec.5 (i)]:

According to the Hindu Marriage Law of 1955, a valid marriage is the first One condition is that neither party had a surviving spouse at the time of marriage.

Sanity under [Article 5 (ii)]:

The second prerequisite of a lawful marriage, as mentioned in the Marriage Act (Amendment) of 1976, is that either party is unable to offer valid consent to be mentally deficient or despite being competent to give valid permission at the time of marriage and has been the subject of frequent insanity.

Marriage age [Article 5 iii)]:

Establish the third criterion, that is, “the bridegroom has reached 21 years of age at the time of marriage and the bride has reached 18 years of age”.

According to the Marriage (Amendment) Act 1976, if a girl refuses to marry, she will marry before her 15th birthday and after her 15th birthday, but before her 18th birthday. The girl can obtain the decree to dissolve the marriage. It is a supplementary ground for a girl who has been married under the age of fifteen.

Beyond Prohibited Degrees [section 5(iv)]:

Unless tradition or practice allows for a marriage permit between the two, the parties are not in the prohibited relationship.”

Beyond Sapinda Relationship [section 5(v)]:

Beyond the Sapinda Relationship [section 5(v)]: Marriage between people who are “sapindas” with each other is prohibited under the fifth condition.


Void Marriage in Hindu law

Hindu law 1955 (H.M.A) sec. 11 on the declaration of null and void marriage, and the divorce requires that the application made under this section must be made by the husband or wife. Therefore, when a person’s first wife seeks when the marriage between her husband and other lady is declared invalid, the lawsuit will not be governed by this law, but will be governed by section 9 of the CPC, which is read in conjunction with section 34 of the Specific Remedies Law

Section 11 of the H.M.A, 1955 states that, “any wedding solemnized after this act begins shall be null and void and can be declared null on a request submitted by any party so in violation of any of the provisions set out in sections I (ii) and (v) of section 5.” A marriage is therefore void.

Bigamy:

It is considered bigamy if one of the parties to the marriage has a surviving spouse at the time of the marriage [section 5(i)].

Degree of prohibited relationship:

Both parties are within the scope of a prohibited relationship, unless their respective customs or practices allow such marriages [sec.5 (iv)]

Sapinda relationship:

When two persons are “sapinda” of each other, unless their respective customs or practices allow them to marry [section ( v)].


Voidable Marriage in Hindu law

A voidable marriage Hindu law A revocable marriage is complete A valid marriage, provided it is not avoided. A voidable marriage can be avoided only if one of the parties requests it. If neither party requests the annulment of the marriage, the marriage will remain valid

According to section 12, any marriage solemnized, either before or after the entry into force of this Law, will be revocable and may be annulled by decree of nullity for any of the following causes, namely:-

Incompetence:

The nuptial has not been consummated owing to impotence of the respondent [Sec. 12 (1)]. The wife does not need to prove that the husband was incompetent at the time of the marriage/wedding and was still incompetent at the time of filing the petition. It is enough to prove that the non-consummation is caused by the impotency of the husband.

Unsoundness of mind:

The marriage violates the conditions specified in sec. 5(ii). [sec.12 (1) (b)].stipulates that if a marriage violates the conditions o f sec5(ii), any marriage can be revoked and may be cancelled. From the popular interpretation of this provision, if the conditions established in this section are established, it will obviously deprive the parties of a valid marriage.

Consent received with the aid of using pressure or fraud:

That the respondent of the petitioner, or whilst the applicant’s marriage required the consent of the father or mother according with sec. 5, the consent of the father or mother is a ritual that influences the defendant received with the aid of using pressure or fraud Or any important facts or circumstances;; [sec. 129(1)(c).

Defendant is pregnant:

In Mahendra v sushila bai (air 1965 sc 364), the defendant was pregnant by someone other than the petitioner at the time of marriage [sec.12 (1) (d)]. It is believed that before the wedding, The husband has not met, and the wife is pregnant. The matter will be decided under section 12 (1) (d), and the husband will be entitled to a declaration of invalidity.


The distinction between a void marriage and voidable marriage

From the start:-

A void marriage is a void marriage (ab initio) A court order declaring a marriage null and void does not exist, on the other hand, is simply declared void by the court through an annulment decree if the parties so desire.

A voidable marriage, on the other hand, remains completely valid unless it is avoided by a court order nullifying it.

In a void marriage:-

No husband or wife status shall be given to parties as such and no mutual rights and duties shall be conferred by the parties.

In voidable marriage, the parties acquire the status of husband and wife in an invalid marriage and grant the parties mutual rights and duties for all purposes until they are annulled by a decision of the Court.

In a void marriage:-

Either party may marry again without obtaining a decree declaring the marriage void. The crime of bigamy/adultery is not appealing.

However, because the voidable marriage is still valid, neither party can marry again without first obtaining a decree of nullity of marriage, or else the offence of bigamy is attracted.

In an void marriage:-

The wife is not entitled to alimony or maintenance under sec125 of the. P.C. because she no longer has the status of wife.

However, in a voidable marriage, the wife can seek maintenance until the marriage is declared null and void by a decree of declaration.

In a void marriage:-

Neither party acquires the right to inherit upon the death of the other party when succession opens.

But if the wedlock is not annulled, each party receives the right to inheritance after the death of the other parties when the succession opens, In case of voidable marriage.


Conclusion of the Rules under Hindu Marriage Act 1955

Within the branch of family law, the three types of marriage, valid, void, and voidable, define the complexity of marriage. A Marriage is recognized as a socially and legally acknowledged institution since it controls the relationship between a man and a woman by conferring rights and obligations for living as husband and wife. From a legal and social standpoint, the distinction between valid, void, and voidable marriages is critical. It gives the parties options in the event of a moral or ethical blunder.


Read more:-

Right to Equality in Indian Constitution

The doctrine of Volenti non-fit Injuria case and exception

The legal maxim Damnum sine injuria and injuria sine damnum

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