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Marriage laws in India are governed by various personal laws based on the religion or community, to which the person belongs.
Marriage laws aim to protect the fundamental rights of both persons involved in a marital relationship. (Image: Pexels)
In India, marriages are regulated by the personal laws of the religion professed by the parties to the marriage. There are four types of marriage laws in India namely Hindu Marriage Law, Christian Marriage Law, Muslim Marriage Law, and Special Marriage Law.
These laws aim to protect the fundamental rights of both persons involved in a marital relationship. They also address social issues such as polygamy and underage marriage.
Let us discuss the individual features of these laws that support the idea of marriage registration:
Hindu Marriage Law, 1955
According to the Hindu Marriage Act, no one can have more than one husband or wife simultaneously. If someone wishes to marry after the first time, then they must have a divorce certificate. In case of demise, a death certificate of the previous spouse should be available for the second marriage to be legal.
The minimum age criteria for marriage are set as 18 for women and 21 for men by the Supreme Court of India. Both the groom and bride must be able to consent independently to their marriage. In the case of mental illness, there must be written consent from either side. Finally, the couple cannot be bloodline relatives in any case.
Muslim Marriage Law
Muslim marriages are conducted as per the civil contract, termed wedding name. The basic requirement for Muslim marriage registration is that both parties must be mentally prepared for marriage. Contractual status is achieved through religious practices, proposal (consent) and acceptance (Qubool).
Moreover, there must be witnesses present from both ends. Both Sunnis and Shias have their norms regarding the minimum number of adult witnesses. Marriages are fascist or irregular if the witnesses fail to appear on either of the partners. Muslim Marriage Laws in India were introduced in a registration act that mandated the marriage registration of all Indian Muslims who wed after 1981.
Christian Marriage Law, 1872
The law regulating Christian Marriages in India was introduced back in 1872. As per this, the marriage between the Christian bride and groom must be solemnised in front of priests, churchmen, or other related persons like church administrators.
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Abiding by the minimum legal age of marriage, the groom should be 21 years old, and the bride must be at least 18 years of age. The marriage must be consensual. Further, the partners cannot invite their ex-spouses to the marriage ceremony. The law stipulates that there must be at least two eyewitnesses available at the wedding from the side of both parties.
Special Marriage Laws in India, 1954
This marriage Act is valid for all Indian citizens regardless of caste and religion. The act approves marriage between people belonging to two different religions. However, if such a marriage is solemnised, marriage registration is mandatory for the couple. Both partners should possess sound and be mentally sound. Further, 37 forms of relationships that are related to the blood lineage of the groom or spouse are forbidden to convert the relationship status to “married”.
