Marriage Acts in India- (Blog)


Marriage is a culturally recognized union between people that establishes obligations and rights between them, as well as their in laws. It is often viewed as a contract. Marriage forges a new social link. It is a result of civil or religious ceremonies. Marriages in India are governed under several laws based on the religion of the intending spouses.
 If the intending spouses are Hindus they’ll be governed under Hindu Marriage Act, (1955). The act abolishes all caste restrictions as a necessary requirement for a valid marriage. It also provides a secular outlook with respect to marriage and enables registration of Hindu marriage. The act defines the term Hindu in all possible manners and includes Buddhists, Jains, Sikhs followers of Brahmosamaj, Aryasamaj, Prarthanasamaj, followers of Shiva, Harijans and Girijans. 
If they are Muslims, Muslim Personal Law (Shariat) Application Act, (1937) governs them. This act deals with marriage, inheritance, succession and charities among Muslims. The Dissolution of Muslim Marriage Act protects the rights of Muslim women who have been divorced or have obtained divorce from their husband and to provide for matters connected therewith.
 These Acts are not applicable in the state of Goa, where Goa Civil Code is applicable for everyone irrespective of religion. They are also not applicable to Muslims who married under the Special Marriage Act, 1954.
 Christian marriage is considered valid only if it is certified by a Church. It is a contract as well as a sacrament. They are governed by Indian Christian Marriage Act (1872), which controls the marriage and lays down the procedure required for getting the marriage registered. This law extends to the whole of India except Cochin, Manipur and Jammu and Kashmir. Matters of divorce and judicial separations are governed by Indian Divorce Act (1869).
 Parsi Marriage and Divorce Act (1936) governs the Parsis. Power of Parsi Matrimonial Courts is provided to the Constitution by this act. The Ashirwad Ceremony and Registration of marriage is very important in the Parsis.
 Special Marriage Act (1954) is an act enacted to provide a special form of marriage for the people of India and all the Non-residential Indians, irrespective of their faith or religion. This Act permits marriage between men and women belonging to different religions. Any man above the age of 21years and women above 18 years of age can marry under this Act. The act provides for registration as well as divorce. Is applicable to the entire Indian-territory and Indians in abroad.

Author’s Note:
 As we saw there are different legislations based on religion for marriage in India. The question here arises is, do we need different laws for marriage? Why can’t we have an uniform law for all the religions? Even Article 14&15 prohibit discrimination based on caste and religion, says all of us are equal. So are the religious laws greater than our Constitution? It’s high time that our right to equality is protected and no religious force can tamper them.

- Esheta Lunkad
Yashwantrao Chavan Law College.

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