| The Hindu Marriage Act was enacted by the Indian | | | | of a marriage between persons of prohibited degree |
| Parliament in the year 1955, with the purpose of | | | | of relationship or sapindas, will actually prevent the |
| regulating the personal life among the Hindus, | | | | birth of physically deformed children or deaf, dumb |
| especially their institution of marriage, its validity, | | | | and blind children, because the possibility of delivering |
| conditions for invalidity and applicability etc. | | | | such children is more in marriages between persons |
| There are many salient features in the provisions of | | | | of prohibited relationship and sapindas. |
| the act that makes and even prompt a person to | | | | In Section 7 of the Act, the ceremonies and customs |
| consider it as rather conservative. The underlying | | | | of a Hindu Marriage are duly recognized, giving a |
| note or we can say that the lifeline that runs | | | | sentimental value to the act. For example immediately |
| throughout the act is that it duly recognizes the | | | | after the marriage, both the bride and the |
| religious sentiments and values of the Hindus which | | | | bridegroom will take seven steps before the sacred |
| they respectfully cherish and consider as valuable. | | | | fire, that will sanctify the marriage and that |
| Accordingly the Hindu Marriage Act has considered | | | | ceremony is known as Saptapadi. Even by going a |
| and treated the institution of marriage among the | | | | step forward, the act stipulates that the marriage is |
| Hindus so sacrosanct as it evolved through ages | | | | not valid if Saptapadi is not performed.Thereby the |
| among them, duly recognizing their time immemorial | | | | Hindu Marriage Act also recognises the time |
| customs, traditions, sasthras that include their rituals | | | | immemorial customs and rituals followed by the |
| and other practices as practiced and evolved by | | | | Hindus. |
| them over a long period.Above all the act by | | | | Section 8 of the Hindu Marriage Act provides for the |
| covering and encompassing all the people from the | | | | compulsory registration of marriages and even |
| modern offshoots of Hinduism like Prarthana Samaj, | | | | stipulates a punishment for violating the provision. |
| Arya Samaj and Brahma Samaj also has a modern | | | | This provision is actually an eye opener and it |
| look by duly recognizing those modern offshoots of | | | | safeguards those hapless persons who may become |
| Hindu religion. | | | | victims of fraud marriages carefully maneuvered and |
| Therefore, the Hindu Marriage Act is applicable to all | | | | planned by unscrupulous antisocial elements. |
| Hindus like saivites, vaishnavites, lingayats and the | | | | Section 13 of the Hindu Marriage Act has provisions |
| followers of Prarthana, Arya and Brahma Samajas | | | | which may serve as grounds of marriages for |
| and to others who comes within the fold of Hinduism | | | | spouses who intend to file petitions seeking divorce |
| like the Sikhs, Buddhists and Jains. Thus the Hindu | | | | from their spouses. When we consider these |
| Marriage Act applies to the religious folds that arose | | | | grounds, some of them have social relevance:- |
| during the 6 th century B.C and also in 18 th and 19 | | | | For example if a spouse commits adultery with a |
| th century A.D.Therefore, the Hindu Marriage Act | | | | person other than his or her spouse; |
| essentially is acting as a bridge connecting ages. The | | | | If a spouse ceased to be a Hindu by conversion; |
| credit of giving us such an ageless act goes to the | | | | If a spouse has been suffering from a virulent and |
| Indian legal luminaries. | | | | incurable form of leprosy; |
| The conditions imposed by the Hindu Marriage Act | | | | If a spouse has been suffering from a venereal |
| for a valid marriage, though may look insignificant on | | | | disease in a communicable form; |
| a superficial look, actually have the modern elements | | | | The above provisions not only respect the religious |
| and characteristics, of course with a far sightedness. | | | | feelings of the Hindus besides providing a ground for |
| So as to solemnize a marriage between two Hindus, | | | | divorce. Similarly, the provision relating to adultery, |
| the following conditions have been imposed: | | | | virulent form of disease like leprosy or communicable |
| 5)(i)Neither party has a spouse living at the time of | | | | form of VD etc are not only help the concerned |
| the marriage; which actually discourages plural | | | | spouses to seek divorce from their spouses, but also |
| marriages and in the present modern day context, | | | | serve the cause and larger interests of the society, |
| the provision helps to prevent dissemination of | | | | by preventing the spread of virulent and |
| incurable diseases like AIDS and other virulent form | | | | communicable form of venereal diseases |
| of venereal diseases in the society.iii)The age of | | | | Thus the Hindu Marriage Act, though it contains only |
| eligibility for getting married is fixed as 21 for | | | | 30 sections and may even be considered a very |
| bridegrooms and 18 for brides, which actually helps to | | | | small piece of legislation, it is a comprehensive Act by |
| prevent social evils like child marriages from the Indian | | | | virtue of its utility not only to the Hindus but also in |
| Society.iv) and v) prevents marriages between | | | | the general welfare and interest of the Indian Society |
| prohibited degree of relationships and sapindas. This | | | | as well. |
| provision has a scientific base because the prevention | | | | |