MARRIAGE LAWS IN INDIA

Traditionally, marriage is defined as a legally and socially approved relationship, usually between a man and a woman, and is regulated by laws, customs, and societal standards. This institution assigns specific duties and rights to both partners and grants legal status to their offspring. In ancient Indian traditions, marriage was more than just a social or legal contract; it was a sacramental bond. In Hindu law, marriage is considered sacred, transcending mere contractual obligations. It is a union that enables individuals to fulfill religious, social, and spiritual duties, contributing to the broader goals of life, such as achieving “moksha” (spiritual liberation).

This article explores the essential elements of marriage laws in India, several acts governing marriage according to religion, legal rights, and requirements, dissolution procedures, and reforms that have chiseled marriage laws through time.

HISTORY OF MARRIAGE LAWS IN INDIA –

The history of marriage law can be traced to ancient India, where marriage was basically a religion and social institution. Manusmriti and Dharmashastras-the religious texts emphasized the relationship between the two spouses, defined their duties, and rights, and always gave priority to patriarchal norms. Over time, colonialism influenced Indian society, and coded laws were incorporated, slowly redesigning the legal formulation of marriages. With the advent of British colonial rule in India, the major shift was the codification of personal laws for Hindus, Muslims, Christians, and Parsis. Colonial governments instituted various statutes with the scope of regulating marriage and divorce amongst those belonging to different religious communities, a trend followed up to the present day.

MARRIAGE LAWS BY RELIGION-

The Indian marriage legal framework is nearly predominantly religion-based, with different acts governing different communities. The major legislation includes: 

1. Hindu Marriage Act, 1955

The Hindu Marriage Act, of 1955 deals with the laws relating to marriages of Hindus, Buddhists, Jains, and Sikhs. According to this Act, marriage is a solemn social contract rather than a mere social arrangement. 

• Conditions for Marriage-
  1. Both parties should be Hindus.
  2. Neither spouse should be married at the time of marriage.
  3. Both parties must have sound minds, capable of giving consent.
  4. The groom must be at least 21 years old, and the bride at least 18 years old.

• Ceremonies: The marriage must be solemnized according to the established rites and ceremonies of either party.
• Registration: The Hindu Marriage Act, though does not make registration of marriage compulsory, courts urge it as proof of marriage.
• Ground for Divorce: Under the Hindu Marriage Act, there has been permission for a ground for divorce on the allegations of cruelty, adultery, desertion, conversion, and irretrievable breakdown of marriage.

2. Muslim Personal Law (Shariat) Application Act, 1937-

Muslims in India are in general regulated under Muslim Personal Law. Marriage, according to Muslim Law is an amalgam of civil contract and sacrament; therefore, the conditions, rights, and liabilities differ from other religious personal laws. The provisions which form the base are:

• Nikah, Marriage Contract: This must involve two adult Muslims and must have a sound mind. The contract or nikah forms the main form of marriage, and both parties sign in the presence of two witnesses.
• Mehr (Dower): Mehr is the obligatory gift or dowry that the husband gives to the wife according to the terms of the marriage contract.
• Types of Divorce: Muslims divorce through Talaq (unilateral declaration by husband), Khula (wife’s right to seek a divorce), and Mubarak (mutual consent).

With the Muslim Women (Protection of Rights on Marriage) Act, 2019, declaring instant triple talaq, or the practice where a Muslim husband could pronounce three “Talaqs” in one sitting to divorce his wife, is finally placed to rest.

3. Christian Marriage Act, 1872-

The Indian Christian Marriage Act, 1872 corresponds to the Indian context. This Act sets conditions and procedures for solemnization as well as dissolution of marriage among Christians. Some main provisions are:

• Solemnization: The marriage shall be solemnized by a clergyman or according to Christian rites, and the parties to the intended marriage shall give such notice as is hereinafter mentioned to the marriage registrar.
• Registration: According to the Act, a Christian marriage must be registered. Its failure to be registered does not defeat the marriage but merely shows an inability to prove it.

The Indian Divorce Act of 1869 prescribes grounds for divorce. These grounds include adultery, desertion, and cruelty for a Christian marriage. Amendments enacted in 2001 eliminated gender discrimination in applying for divorces and brought women to par with men in the same.

4. Parsi Marriage and Divorce Act, 1936-

Parsi Marriage and Divorce Act 1936 governs the marriage of Parsis (Zoroastrians).

Under this act, both the parties should be Parsis and the marriage is performed by a Parsi priest in front of witnesses.

 Divorce: Parsis can file for a divorce just like in other communities for adultery, cruelty, desertion, or similar reasons.

5. Special Marriage Act, 1954-

The Special Marriage Act, 1954 provides the scope to either the parties who belong to different religions or to anyone who wishes to marry without religious ceremonies. This law is also known many times as the Indian law of civil marriage.

• Conditions for Marriage:
  1. Neither party should have a living spouse.
  2. Both parties must be mentally sound and competent to consent. The age of the groom should be 21 years and that of the bride 18 years.
• Procedure: It includes a provision of 30 day’s notice period through which any party to the marriage can raise objections against such marriage
• Divorce: The Hindu Marriage Act provides for divorce on certain grounds such as adultery, cruelty, desertion, and mutual consent.

RIGHTS AND OBLIGATIONS OF SPOUSES-

Indian marriage laws place on spouses a few rights and obligations and vary marginally according to the jurisdiction. Some rights are as follows:

1. Right to Maintenance: Every religious and civil law has mandated the husband to take care of the wife. Some religions also grant a right to wives over their husband’s properties.
2. Child Custody: In divorces or separations child custody usually goes to the mother with visitation rights to the father. However, the court pronounces its decision still in favor of the welfare of the child concerned.
3. Inheritance: Marriage affects the right of inheritance of spouses under the Indian Succession Act, 1925. Under the Hindu Succession Act, 2005, the rights of inheritance of Hindu women are equal.

DISSOLUTION OF MARRIAGE: DIVORCE AND ANNULMENT-

Divorce laws in India vary depending on the religion of the couple. Under their respective laws, Hindu, Christian, and Muslim marriages are dissolved through a court order. The most common reasons for divorce include:

• Adultery: The act of an extramarital affair is one of the grounds to seek divorce.
• Cruelty: If either spouse engages in such mental or physical cruelty against the other, the marriage can be dissolved.
• Desertion: If one spouse deserted the other spouse without any reasonable cause for a continuing period of two years, then it is considered grounds for divorce.
• Mutual Consent: Mutual consent divorce can be obtained under the Hindu Marriage Act, Special Marriage Act, and Parsi Marriage and Divorce Act. Irretrievable breakdown The Supreme Court has recognized the concept of irretrievable breakdown of marriage in several decisions, though it is yet to be codified in legislation.

LEGAL REFORMS IN MARRIAGE LAWS-

 5 Indian marriage laws have undergone significant reforms to protect the rights of individuals, particularly women. Major milestones include:

• Hindu Succession Act (Amendment), 2005: It granted equal inheritance rights to daughters in the father’s property.
• Muslim Women (Protection of Rights on Divorce) Act, 1986: After the Shah Bano case, this law provided financial support to Muslim women after divorce.
• Prohibition of Child Marriage Act, 2006: Prohibits the legal system of child marriages and safeguards minors who become victims of illegal marriages.
• Triple Talaq Ban 2019: The Supreme Court and Parliament banned instant triple talaq, the rights to equality and justice granted to Muslim women.

CONCLUSION—

Marriages in India are governed by religion and culture and evolving standards of the law. The legal framework of marriage, again, undergoes change with changing society. So far, there have been significant strides to ensure the rights of spouses as equal citizens, yet there’s a long way to go to address personal laws. The agenda of reform therefore is uniformity and justice for all citizens irrespective of religion. Marriage in India remains a fiercely traditional institution, but the practice cannot continue to be above legal scrutiny and the march of modernization, reflecting India’s commitment both to individual rights and to social justice.