The various marriage and divorce legalities for citizens of India are as follows:
Marriage Legalities in India
India is a vast land of diverse culture and religion. Thus, it is important to remember the various legalities implicated in marriages of different religion and community. India being a multi-ethnic country follows the personal laws of its citizen to the highest level. It is vital to remember that all marriages are essential to be registered and make it legal. It is a compulsory rule.
There are different rules and regulations for different religions and clans. Like there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is Parsee Marriage and Divorce Act. In case of the Hindus they are supervised by the Hindu Marriage Act, 1955 that provides for the conditions of a Hindu marriage where under the bridegroom should be the age of 21 years and bride of 18 years. Both the partners should be Hindus and should not be within the expansion of prohibited relationship.
Divorce under the Hindu Marriage Act 1955 can be obtained on the various grounds. Muslims also follow their own personal law, which states that Nikah or marriage is a contract, may be permanent or temporary. This act permits a man to have four wives if he treats all of them equally. Similarly for the Parsees there is a Parsee Marriage & Divorce Act, 1939 to follow. The provision of their marriage and law and for Indian Christian there is an Indian Christian Marriage Act 1889.
Persons of any religion who get married under the Special Marriage Act, 1954 are governed by the above-mentioned act. The couples who get married under Special Marriage Act, 1954; do not need to take any further legal steps because in this case registration is itself the final marriage ceremony. So whatever is the religion, it is important to legalize the marriage ceremony. India being a liberal and unbiased country there is a perfect marriage law for every community and religion as personal laws of every religion mentions the rules and regulations to be followed while marriage.
Personal Laws of Marriage and Divorce in India
India is a land of mixed cultures and religions. Each citizen of India is allowed to have his own personal laws in the subject of marriage and divorce. There are diverse rules and regulations for different religions. There are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is Parsee Marriage and Divorce Act.
In case of the Hindus, Jains, Sikhs, and Buddhists they are governed by the Hindu Marriage Act, 1955, which offers the conditions of a marriage where the bridegroom should be the age of 21 years and bride should be of 18 years, they both should not be within the limitation of prohibited relationship.
Divorce under the Hindu Marriage Act 1955 can be obtained on the various grounds. Muslims also have their own laws regarding divorces that state that Nikah or marriage is a contract, may be permanent or temporary, and allows a man four wives if he treats all of them equally. Similarly for the Parsees there is a Parsee Marriage & Divorce Act, 1939, which allows the provisions of their marriage and law. For Indian Christian, the Indian Christian Marriage Act 1889 is the resort to refer for marriage registries.
Registration of Marriage in India
A marriage in India is mandatory to be registered in most of the cases. The state governments have or are sketching out to make the registration of marriage compulsory in all the cases. A marriage certificate is also required the most while applying for visa purposes. Moreover, the Indian Special Marriage Act, 1954, which applies to all citizens irrespective of their religion and requires the registration of marriages by a marriage officer.
The Indian Christian Marriage Act, 1872, makes the registration compulsory among the Christians. This provides for entry in a marriage register and kept in the Church soon after the marriage ceremony along with the counter signatures of the bride and bridegroom. In the Hindu Marriage Act, 1955, certain necessities exist for the registration of the marriages, but it had been left to the prudence of the families of the bride and bridegroom to either choose the solemnized marriage before a registrar or register it after the ceremony in conventional way. The non-registration of a marriage does not invalidate it under the Hindu Marriage Act. The Parsi Marriage and Divorce Act, 1936, make the registration obligatory too.
More on Indian Marriage Acts
More on Indian Wedding Accessories
More on Indian Religious Weddings
More on Types of Marriages
(Last Updated on : 24-10-2009)
|More Articles in Wedding in India (14)|