Hindu Marriage Law

India has always boasted of having a patriarchal society. Most festivals of India celebrate the importance of the male as the head of the family through elaborate customs and festivals. For example, Bengal’s Jamaishoshti festival celebrates the son-in-law. The North Indian festival called the Karva Chauth requires the wife to hold fast for the long life of her husband on that day. Male centric customs and festivals have always been a part of Indian life, mirroring the special social status given to men. Unfortunately, these male-focused customs also paved the way for the practice of demanding dowry on behalf of the male. Indian law treats it as an offence to give or receive dowry but it is practiced openly in the society.

Getting a divorce in India is certainly not an easy procedure, whether you follow Hindu marriage law or special marriage law. The whole procedure includes many emotional highs and lows and long waits for the final outcome. Before going ahead with the divorce procedure, prepare yourself for the long process ahead.

The Hindu Marriage Act, 1955, was framed by the government to amend and codify the existing Hindu marriage laws. The Act extends to the whole of India except for the state of Jammu and Kashmir. It is applicable to all Hindus, Buddhists, Jains and Sikhs domiciled in the territories under the Act.

Exogamy is a custom or practice of marrying a person only from outside one’s tribe or similar unit. The concept of exogamy gained more significance after the Christian era. The rule of exogamy is especially rigid among the Hindus, particularly the Brahmins. As per the rule of exogamy, a person shall never marry someone belonging to same gotra or clan or lineage.

A Hindu marriage does not relate to Hinduism as a religion. It takes a broader perspective and spans laws governing all Hindu persons with a wider connotation.

Section 5 of the Hindu Marriage Act 1955 states the conditions to fulfill a legal Hindu Marriage but it does not prescribe the ceremonies that constitute a valid Hindu marriage.