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Overview of Marriages in India
Marriage in India is different for different people. People who follow Hindu, Muslim, Christian, or other religions have their own rules about getting married and living together. Some rules are the same, like the age you have to be to get married.
But other rules, like how many people you can marry or how to end a marriage, are different. There are also laws that let anyone get married, no matter what their religion is. Even though there have been changes and new laws, there are still problems like child marriage and violence against married women.
Types of Marriage in India
- Hindu Marriage: it is dealt with by Hindu Marriage Act, 1955, it mentions the rules for marriage of husband-wife, and grounds for divorce for Hindus, Buddhists, Jains, and Sikhs.
- Muslim Marriage: Based on Islamic personal law (Sharia).
- Christian Marriage: Regulated by the Indian Christian Marriage Act, 1872,
- Sikh Marriage: It is dealt with by Anand Marriage (Amendment) Act, 1909.
- Special Marriage Act: It is a method of marriage available to everyone regardless of religion.
Common Grounds for Divorce in India
- Adultery: The other partner has had sexual intercourse (Sex) with someone else after the marriage.
- Cruelty: The other partner has been very unkind or harmful.
- Desertion: The other partner has left for at least two years without a good reason.
- Conversion: The partner has converted to another religion.
- Mental Disorder/Unsound Mind: The other partner is very sick in their mind and cannot live a normal life.
- Leprosy/Venereal Disease: If the partner has leprosy or a disease passed through sexual intercourse (Sex).
- Not Heard Alive: The other partner has been missing for seven years or more.
- Failure to Resume living together
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SPECIAL MARRIAGE ACT, 1954
This can be used by all Indians and Indians living abroad regardless of religion. It is a civil marriage not a religious one. Rights that come from marriage include maintenance, inheritance, protection from abuse and custody of children. Common grounds for divorce apply here
Special Reasons for Wives to ask for a divorce:
- The husband did something wrong like rape.
- The court has ordered the husband to give the wife money to live on, and they have not lived together for at least a year after that.
Divorce by Agreement: Both husband and wife can agree to end the marriage if they have lived apart for at least one year and cannot live together again.
Registration
- Typically involves submitting required documents (like proof of age, address, etc.) to the registrar's office.
- A notice period before the actual registration is given.
- There are penalties for delayed registration or non-registration.
- Marriage Certificates are the legal proof of marriage. It is used for getting a passport, visa etc.
Grounds for Annulment:
Annulment is different from divorce in that it declares the marriage void from the beginning, as if it never existed. Grounds for annulment typically include:
- Lack of consent: Marriage which is void or without free consent
- Impotence: Inability to have sexual intercourse (Sex) with the spouse.
- Concealment of material facts: Not telling crucial information about oneself that might have changed the decision to marry.
- Bigamy: One or both parties being married to someone else at the time of the marriage.
- Underage marriage: Marriage below the legal age.
- Close relationship: Marriage between parties within prohibited degrees of relationship. (Eg: Brother and Sister)
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HINDU MARRIAGE ACT, 1955
Key Provisions
The Hindu Marriage Act, 1955, governs marriages among Hindus, Buddhists, Jains, and Sikhs in India. It outlines the conditions for marriage, rights and duties of spouses, and procedures for divorce.
Conditions for Marriage:
- The groom must be at least 21 years old, and the bride at least 18.
- Both parties must be mentally sound to give consent.
- Neither party should be married to someone else.
- Marriage between close relatives is prohibited.
It treats maidens and widows equally.
If you and your partner want to live separately but not end the marriage, you can ask a court to let you do this under section 10. This process is called judicial separation.
One is allowed to remarry after divorce is final
Inter-caste and Inter-communal marriages are lawful under Hindu Marriage Act 1955.
It does not allow having more than one partner at once (Polygamy).
Special Grounds for Divorce
- One spouse gives up all worldly affairs to follow god.
- Extra Grounds for Wife:
- Husband indulging in rape, sex with animals (bestiality), or sex with another man (sodomy).
- Man marrying for the second time another woman despite the first wife being alive.
- Wife married before age fifteen and quit the marriage before turning eighteen.
- No living together for one year
- Husband does not provide maintenance told by court.
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Divorce Procedure:
Divorce can be obtained through mutual consent or by filing a petition in a family court. The court decides based on the evidence presented.
Maintenance and Alimony:
The court can order maintenance for the wife and children during and after divorce. Factors such as the wife's needs, the husband's income, and the standard of living are considered.
MUSLIM PERSONAL LAW
Muslim personal law, derived primarily from the Quran and Sunnah, governs various aspects of a Muslim's life, including marriage, divorce, inheritance, and personal status.
Key Features of Muslim Marriage
- Marriage called Nikah requires witnesses.
- Polygamy (Having multiple wives) is allowed under Muslim Law.
- A mandatory gift given by the groom to the bride, which becomes her property. (Dower)
- A waiting period after divorce or the death of a husband, during which a woman cannot get married again.
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Divorce (Talaq)
- Primarily three types: Talaq (done by husband), Khula (done by wife), and Mubarat (done mutually).
- Talaq-i-Ahsan: Single statement followed by a waiting period (iddat).
- Talaq-i-Hasan: Multiple statements with specific conditions.
- Talaq-i-Bidat: Controversial form, often referred to as triple talaq, declared unlawful by the Supreme Court.
- In Khula the wife has to offer dowry mostly (consideration) for divorce.
- Mubarat is a mutual agreement between husband and wife.
Special Grounds for Divorce: [Dissolution of Muslim Marriages Act, 1939]
- Husband has been missing for four years
- Husband has failed to provide maintenance for two years
- Husband has been imprisoned for seven years
- Husband has not performed duties in marriage for 3 years.
- Husband was and still is impotent (unable to have sexual intercourse)
Muslim Women (Protection of Rights on Divorce) Act, 1986
- Protects the rights of divorced Muslim women.
- Ensures maintenance beyond the iddat period.
- Allows women to choose between personal law (Muslim law) and secular law (State law) for maintenance.
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THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
Key Provisions:
- At least one of the parties must be Christian.
- Only one spouse is permitted at a time.
- Marriages can be made official by people who are qualified to do so.
- Takes place according to the rites and customs of the Christian religion.
- The Act makes registration of marriages necessary.
- Formal notice has to be given before marriage.
- The marriage must take place between 6 AM and 7 PM.
- Two witnesses are required to be present at the ceremony.
- It talks about penalties if untrue information is provided or if the marriage law is broken.
- It talks about methods for correcting errors in marriage certificates.
- Special grounds for Divorce: [Indian Divorce Act, 1869]
- Not being able to bring the spouse back for 2 years to live together.
- Ground for wife: Husband doing rape or having sex with animals (bestiality) or sex with another man (sodomy)
- Rights that come from marriage include maintenance for the wife, inheritance rights, and the right to complete the marriage.
ANAND MARRIAGE ACT, 1909
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Key Provisions
- The Act explicitly recognizes marriages solemnized according to the Anand Karaj ceremony as legally valid.
- The Act does not apply to marriages between non-Sikhs or marriages declared void by a court.
- The Act does not affect the validity of marriages done according to other Sikh marriage customs.
- The Act upholds the traditional Sikh laws stating that anyone who has blood relations or relations through marriage can’t get married.
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FAQs
1. What are the different types of marriages recognized in India?
India recognizes several types of marriages based on different personal laws. The main types include Hindu, Muslim, Christian, Sikh, Parsi and Civil Marriage
2. What is the legal age for marriage in India?
The legal age for marriage in India is 18 years for women and 21 years for men
This is applicable under the Prohibition of Child Marriage Act, 2006. Marriages involving minors can be declared voidable at the request of the minor parties.
3. What is the procedure for registering a marriage in India?
The procedure for registering a marriage in India varies depending on the type of marriage:
Hindu Marriage: Registration is done under the Hindu Marriage Act, 1955, by applying to the local marriage registrar.
Muslim Marriage: Not mandatory, but can be registered under the Muslim Marriage Act.
Christian Marriage: Registered under the Indian Christian Marriage Act, 1872.
Civil Marriage: Performed and registered under the Special Marriage Act, 1954. Both parties must give a 30-day notice to the marriage registrar.
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4. Are interfaith marriages legally recognized in India?
Yes, interfaith marriages are legally recognized in India under the Special Marriage Act, 1954.
References:
- The Special Marriage Act, 1954
- The Hindu Marriage Act
- The Indian Christian Marriage Act, 1872
- The Anand Marriage Act, 1909
- The Indian Divorce Act, 1869
- Prohibition of Child Marriage Act, 2006
- The Dissolution of Muslim Marriages Act, 1939
- Muslim Women (Protection of Rights on Divorce) Act, 1986
Written by Saanvi Arora
As a second-year law student at IIM Rohtak, Saanvi Arora is deeply passionate about exploring the nexus of law, public policy and society. With keen interests in areas like ADR, Data Protection Law, Company Law and Public International Law, she is a curious and dedicated to understanding how legal principles impact everyday life.
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Further Reading
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