• Conditions for Hindu Marriage
  • Guardianship in Marriage 
  • Ceremonies for a Hindu Marriage 
  • Registration of Hindu Marriage 
  • 1. Conditions for Hindu Marriage Top

    A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

    (i) neither party has a spouse living at the time of the marriage;

    (ii) neither party is an idiot or a lunatic at the time of the marriage;

    (iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage;

    (iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

    (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

    (vi) where the bride has not completed the age of eighteen years, the consent of her guardian in marriage, if any, has been obtained for the marriage.

    2. Guardianship in Marriage Top

    (1) Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent shall be the following in the order specified there under, namely:-

    (a) the father;

    (b) the mother;

    (c) the paternal grandfather;

    (d) the paternal grandmother;

    (e) the brother by full blood; as between brothers the elder being preferred;

    (f) the brother by half blood; as between brothers by half blood the elder being preferred: Provided that the bride is living with him and is being brought up by him;

    (g) the paternal uncle by full blood; as between paternal uncles the elder being preferred;

    (h) the paternal uncle by half blood; as between paternal uncles by half blood the elder being preferred:

    Provided that the bride is living with him and is being brought up by him;

    (i) the maternal grandfather;

    (j) the maternal grandmother;

    (k) the maternal uncle by full blood; as between maternal uncles the elder being preferred: Provided that the bride is living with him and is being brought up by him.

    (2) No person shall be entitled to act as a guardian in marriage under the provisions of this section unless such person has himself completed his or her twenty-first year.

    (3) Where any person entitled to be the guardian in marriage under the foregoing provisions refuses, or is for any cause unable or unfit, to act as such, the person next in order shall be entitled to be the guardian.

    (4) In the absence of any such person as is referred to in sub-section (1), the consent of a guardian shall not be necessary for a marriage under this Act.

    (5) Nothing in this Act shall affect the jurisdiction of a court to prohibit by injunction an intended marriage, if in the interest of the bride for whose marriage consent is required, the court thinks it necessary to do so.

    3. Ceremonies for a Hindu Marriage Top

    (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

    (2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

    4. Registration of Hindu Marriage Top

    (1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

    (2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

    (3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

    (4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

    (5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.