If a Hindu later resides in such a place under this Act - then this Act will apply to him even if he comes from outside.
This law does not apply to non-Hindus, ie, Christians, Muslims, Jews, ParsisMarriage between Hindus and non-Hindus is possible only with the help of "civil marriage". According to the Special Marriage Act of 1954, marriage registrars appointed by the provincial government can perform this marriage.
According to the Hindu marriage law, a Hindu marriage is considered valid if it is consummated according to social customs and rules, and the marriage is considered complete only after the saptapadi becomes a part of all the marriages, the fire-witness becomes the saptapadiNowhere in Hindu law is it said that marriage is incomplete without the consent of both parties. But if the consent of one of the parties is obtained in an improper way or by force, then the marriage may be declared invalid.
Some essential information of Hindu Marriage Act:
Legal marriage conditions:
* Must be Hindu.
* Minimum age: 18 years (current limit 21) for the groom and 15 (current limit 18) years for the bride (marriage under this age is a punishable offense, although the marriage may not be illegal for him).
* The other husband of the bride or the other wife of the bride should not be alive during the marriage.
* The bride and groom should not be close relatives to each other (which is prohibited by law)For example, in many parts of South India, Mama can marry his niece).* Neither of them will be sapindhaha (to judge someone's sapind relationship, the first thing to look at is the person who was the first generation, three generations before his mother and five generations before his fatherThe two will be called sapind only if one of the sapind relations of one is related to the sapind of the other or one is related to the sapind of the other. ).
Details of forbidden relationships:
* Your child.
* Son-in-law, son-in-law, father's wife, mother's husband.
* Brothers and sisters - Apan, Mamato, Masututo, Pisututo, Khurtuto, Jathtuto all.
* Girls mama, kaka, and jatha. Boys aunt and PC.
Hindu marriage rules speak of imperfect (void) and imperfectly (voidable) marriages.
Marriage will be imperfect if the marriage takes place despite the pre-marital barrier. These barriers can be further divided into two parts:
* Absolute barrier: Despite this barrier, if someone gets married, it is illegal from the beginning. If any party applies, it will be declared as imperfect.
* Relative barrier: In this case, the marriage may be declared imperfect if one of the parties applies for it.
Absolute barriers are:
* The other wife of the groom or the other husband of the bride should not be alive at the time of marriage.
* The bride and groom will not be spun
* The bride-groom relationship will not fall into the forbidden relationship
* Marriages may also be imperfect for other reasons, such as non-observance of essential parts of the marriage ceremony.
The difference between an imperfect-void marriage and an imperfect-void marriage is that an imperfect-possible marriage will be considered valid unless one of the parties applies for it to be declared imperfect and the application is accepted and the marriage is annulledIn that case this marriage will be considered imperfect from the day of marriage. There are four main reasons for imperfect marriage:
* Husband is impotent.
* At the time of marriage, either party is crazy or stupid.
* Has obtained consent to marriage with the help of cheating or by force (in this case: (1) must apply within one year of being caught cheating or using force (which can be both physical and mental); And (2) the applicant voluntarily with the other party after the discovery of coercion or fraudDid not have sexual intercourse)* If the bride is pregnant by another man before marriage.(In this case, (1) the bride must be pregnant at the time of marriage, (2) the pregnancy has taken place by a man other than the husband; (3) the applicant did not mention the pregnancy at the time of marriage; (5)The husband must apply within one year of finding out she is pregnant.Divorce can be applied for in Hindu marriage law and the court can grant it if it can show proper reasons. But this application should not be made within three years from the date of marriage. The following factors will be considered as appropriate reasons:
* If the husband or wife is involved in adultery.
* Accepts conversion and no Hindu.
* If the spouse has suffered from cerebral palsy or curable past leprosy, or contagious sexually transmitted disease for three years prior to the application.
* If the husband or wife leaves the family or joins any religion-community.
* If one of the spouses is missing for seven years.
* If both parties do not have sexual intercourse as husband and wife after the separation order (judicial separation) by the court.
* If the court disobeys the Order of Restoration of Marital Life (Constitution of Conjugal Rights) and lives separately for two years.
* If the husband sexually abuses.
* If the wife marries someone else despite being present. (Although that second marriage is imperfect, it is also a good reason to apply for a divorce).
* The combined will of the two.
If the court orders a divorce (and no appeal is made against it), both parties can remarry after a year of waiting. Incidentally, if the wife becomes pregnant before receiving the divorce order, then the child will be considered as the legitimate child of the husband.
[The purpose of all leisure discussions is to inform the reader about the law in general. This discussion is by no means a substitute for the advice of a lawyer. If someone has a legal problem, they should seek the advice of a lawyer directly.]