Hindu Marriage Act
Legitimacy of Children of Invalid and Voidable Marriages
The children born out of invalid and voidable marriages are legitimate children of the parties and are entitled to the share in the separate property of their parents.
A Hindu marriage can take place according to the customary rites and ceremonies.
The ceremony of saptapadi and kanyadana are important ceremonies prevalent among vast majority of Hindus and the ceremony of saptapadibefore the sacred fire has been held essential for a valid Hindu Marriage.
The marriages solemnized, may be registered under the SPECIAL MARRIAGE ACT with office of the registrar, in the Hindu Marriage Register.
Registration is not compulsory and in no way effects the validity of the marriage. It is entirely up to the parties to have the marriage registered.
No marriage can be registered unless the following conditions are fulfilled
- A ceremony of marriage has been performed between the parties and they have been living together as husband and wife
- Neither party has at the time of registration more than one spouse living
- Neither party is an idiot or lunatic at the time of registration
- The parties have completed the age of twenty one years at the time of registration
- The parties are not within the degrees of prohibited relationship
- The parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration.
On receiving the application signed by both the parties the Marriage Officer shall give public notice and after allowing 30 days for objections and on being satisfied that all the conditions are fulfilled he shall enter a certificate in the marriage certificate book, which shall be signed by the parties and three witnesses