How Does Hindu Marriage Law Work?
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Hindu Marriage Law Basics
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In regard to Hindu marriage law, the term "Hindu" includes not only those who are Hindu by religion, but also Buddists, Sikhs and Jains. In India, the Hindu Marriage Law includes anyone who is not of Christian, Parsi, Muslim or Jewish faith.
The Hindu Marriage Law was adopted in India in 1955 and governs any marriage that is entered into under the law. While Indians may choose civil unions, many prefer religious marriages. Even so, in 1954, the Special Marriage Act was created, which provides for civil marriages. This type of marriage requires no ceremony or ritual whatsoever, but if a couple is found to be Hindu as described by the Hindu Marriage Law of 1955, their marriage is still governed by this law.
Specifics of the Law
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If a person of Hindu origin (as described within the law) chooses to marry a person who is not Hindu, the non-Hindu spouse must convert. If the other spouse is Christian, they may marry under the Christian Marriage act of 1872, and their marriage would be governed under that act. The third option for mixed religion couples in India is civil marriage.
The law states that men must be at least 21 years old to marry, while women must be at least 18. Both potential spouses must be of Hindu origin. Another interesting part of the Hindu Marriage Law is that both spouses must be of sound mind and body. They must be mentally and physically able to give consent to marriage and in shape for having children.
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Forbidden Practices and Invalid Marriages
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While ancient Hindu marriage law allowed polygamy, the practice is forbidden by the Hindu Marriage Law of 1955. In fact, it's now an offense that's punishable by Indian law. In a situation where either spouse is found to fall outside of the marriage law requirements, the marriage is considered null and void and is treated as though it never happened. This may occur if they're found to have another living spouse, mental or physical illness or any other predicament which would otherwise prevent marriage under the Hindu Marriage Law. If a woman is married before the age of 18, she may reject the marriage when she turns 15. This would mean that the marriage was never legal and would not be considered divorce, but this would also eliminate her right to alimony.
Divorce Under the Hindu Marriage Law
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Divorce under the Hindu Marriage Law is only allowed in certain cases. These include adultery, cruelty, desertion of either spouse for a period of no less than two years, conversion in religion by either spouse, mental illness and related issues. The law also allows for divorce for couples whose marriages are otherwise illegal, such as in cases of incest.
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