Ultimate Guide To Hindu Marriage Act: Understanding Section 12

Admiring your partner sitting next to you on a sandy beach will help you discover what a miracle it is to have a better-half. Marriage is the most beautiful and omnipresent social institution in India. It is a crucial milestone in an individual’s life and important aspect of emotional life. In India, marriage is governed by various laws, traditions, and customs. One law that governs marriage in India and is followed by every Hindu couple is the Hindu Marriage Act 1955. Before we understand this act if you have suspicion on your partner then take assistance from private investigators in India. Experts can help you to gain back confidence in your relationship. 

In India, over 75% of people are from a Hindu background. The Hindu Marriage Act regulates and governs marriage amongst Hindu people in India. So, what is this marriage act? Let’s take a look. 

The Hindu Marriage Act 1955

Hindu Marriage Act is a subset of Hindu Code Bill, it was enacted in 1955. This act codifies marriage law followed by Hindu living in India. This act aims in delivering regulation that is to be adhered to by the institution of marriage in Hindus. Hence it is safe to say that Hindu Marriage Act is lawful guidance for Hinduism. This act gives meaning to concepts, such as marriage, cohabiting rights, ground of divorce, etc. 

Applicability Of Marriage Act 

In Section 2, it is written that this act will be applicable to all forms of Hinduism irrespective of their ethnic background. This law shall be followed by Virashaiva, Lingayat, Brahmo, Prarthana or Arya Samaj. There is a special Marriage Act for Jains, Sikhs, Buddhists, Muslim, Christian, Parsi and Jew people living in India. 

Valid Conditions For Lawful Hindu Marriage 

Getting marriage with complete law and rules has some pre-requisite conditions. In any case, if a marriage is solemnized in absence of the same then that marriage is voidable. List of examples of void marriages: –

1. Bride and groom should be 18 years of age and 21 years of age respectively. 
2. Both bride and groom should be Hindu.
3. Neither party must have a spouse living at the time of current marriage. 
4. Neither party is falling with degree of prohibited relationships. 

List of examples of voidable marriages: – 

1. The party is simply unable to consummate the marriage. 
2. The parties are unfit for the precreation of child. 
3. The consent to be obtained for marriage is not free. 
4. The marriage is voidable if consent obtained is via force or fraud. 
5. The bride is pregnant by another man at time of marriage.

So, in order for any marriage to be valid Hindu Marriage, it is essential to confer to all regulations and conditions. 

Wrapping Up 

Many people have their doubts when it comes to marriage. Now you can hire the best private investigators in India for background checks on your to-be partner. Go on the journey of life time with your partner with confidence. Get a pre-matrimonial check done today.