Marriage

The Hindu Marriage Law of 1955:

• It regulates the post-marriage affairs of Hindus living in India. It stipulates that one cannot have more than one spouse simultaneously. 
• Divorce certificates must be presented in case someone wishes to wed again, or else a death certificate of the previous spouse must be present. 
• The Supreme Court of India has set the minimum age criteria for marriage as 18 for women and 21 for men. Both parties must be able to consent to their marriage independently and must not suffer from any mental illness. 
• Blood relatives are prohibited from marrying each other. Section 5(4) of the Hindu Marriage Law states that marriage registration can be precluded if a relative or family member is of the same lineage. Such marriages can be declared invalid. Incestuous marriages are not accepted. 
• Furthermore, Section 18(b) states that if a party is found guilty of being in an affair with another person while married, they will be fined ₹10,000 and may be jailed for one month.

Muslim Marriage Law: 

There is no legislative framework for the marriages of Muslims in India. The marriage of Muslim couples is considered a civil contract, termed nikahnama. The primary conditions that must be met before marriage registration are that both parties must be mentally prepared for marriage. The proposal (ijab) and acceptance (qubool) must be made to achieve the contractual status.
Witnesses must be present from both sides. Sunnis and Shias have their norms regarding the minimum number of adult witnesses. The marriage is declared fasid or irregular if the witnesses do not appear.
Muta marriage is a unique marital status for Muslims in India. The husband and wife stay together for a predetermined period and then separate. Sunnis refrain from Muta marriage.
The Muslim Marriage Law was introduced in a registration act in 1981 which mandates the marriage registration of all Indian Muslims.

Christian Marriage Law, 1872:

The marriage of Christian couples is solemnised in front of priests, churchmen, or other related persons like church administrators. The Christian Marriage Law of 1872 states that marriage registration will not be granted to underage couples, i.e., the groom should be 21 years old, and the bride must be at least 18 years old. 

Both parties must give their voluntary consent to the marriage. Inviting the ex-spouses to the marriage ceremony is prohibited. At least two eyewitnesses must be present at the wedding from both sides.

Special Marriage Law, 1954

This Act applies to all citizens irrespective of caste and religion. It legally approves the marriage of people belonging to two different religions. Marriage registration is mandatory if such a marriage takes place. Both partners must possess sound minds, and 37 forms of relationships that are related to the blood lineage of the groom or spouse are forbidden to convert the relationship status to “married”. 

Marriage registration requires a notice to be delivered to the marriage registrar within one month of marriage along with supporting documents like age proof, identity proof, address proof, etc. Suppose the bride stays in a different district. In that case, a copy of the notice must be sent to the magistrate of that district for an investigation. The Registrar is entitled to declare any marriage as void if necessary.

Our team of lawyers has a deep understanding of the legal system. It can help you navigate the complexities of Indian marriage law. We are committed to providing compassionate and personalised attention to each client and work tirelessly to meet your legal needs.