Hindu Marriage Act
Hindu Marriage Act:
Marriage among the Hindus was considered a sacramental union and it continued to be so throughout the entire Hindu period.
The manu smriti says I hold your hand for saubhagya (good luck) that you may grow old with your husband, you are given to me by the just, the creator, the wise and the learned people.
Hindus conceived of marriage as a union primarily meant for the performance of religious and spiritual duties. It could not take place without the performance of sacred rites and ceremonies and it was a permanent and eternal union
However with changes in the society marriage among the Hindus which was essentially a sacrament partook the nature of a contract. The Hindu Marriage Act, 1955 covering entire India except the state of Jammu & Kashmir has reformed the Hindu law of marriage
Only if both the parties are Hindus can the marriage take place under the Hindu marriage Act.
- The Act applies to :
- any person who is Hindu, Buddhist, Jaina or Sikh by religion.
- any person who is born to Hindu parents
person who is not a Muslim Christian, Parsi or Jew, and who is not governed by any other law.
The Act does not apply:
- to persons who are Muslims, Christians, Parsis or Jews by religion.
- to members of the scheduled tribes coming within the meaning of clause (25) of Article 366 of the Constitution of India unless the Central Government by notice otherwise directs.