Hindu marriage is an ancient tradition and a sacred tie which has prevailed from the Vedic periods to the modern world with different modifications from time to time. In the Shastric Hindu law, marriage has been regarded as one of the essential samskaras (Sacrament for every Hindu). 

WHO ARE HINDUS? 

Section 2 of Hindu Marriage Act, 1955 says that 

This act applies to:

• A Hindu by religion in any of its forms or developments
• A Buddhist, Jain and a Sikh
• Any person domiciled in the territories to which the Act extends
• And this act does not applies to Muslim, Christian, Parsi or Jew by religion

Unless it is provided that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any matters dealt with herein if the Act had not been passed.

WHO WILL NOT BE A HINDU?

1. An illegitimate child whose father is a Hindu and mother is Christian and the child is brought up as a Christian. Or also, the illegitimate child of a Hindu father and a Mohammedan mother, because these children are not Hindus either by birth or by religion.
   1. The Hindu who has converted into Muslims, Christians, Parsi or Jews.
   1. The Hindu who don’t follow the principles of shastra.

FORMS OF MARRAIGE:

One of the foremost conditions for parties to a marriage is that the parties must be Hindus as per Section 2(3) of the Hindu Marriage Act, 1955. For a valid marriage among two Hindu, two conditions are necessary:-

• Parties must have capacity to marry (Section 5)
• They must undergo necessary ceremonies and rites of marriage (section

7)

SECTION 5:- ESSENTIAL CONDITIONS OF A MARRAIGE

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

1. Rule of monogamy
2. Mental capacity
3. Age of marriage (Bride 18yeas, Bridegroom 21years)
4. Degree of prohibited relationship (except if custom and usage governing them allows)
5. Parties should not be Sapindas of each other (Exception: if custom and usage governing allows.

Section 5(i): Rule of Monogamy

It states that at the time of the marriage a person should not have a living spouse. It prohibits bigamy and upholds the rule of monogamy.

BIGAMY: Having two wives, MONOGAMY: Having one wife, POLYGAMY: having multiple wives, POLYANDRY:  Having multipes husband by a female.

Monogamy has been made a rule for all Hindus whether male or female and now a person who is a Hindu cannot have more than one spouse (i.e., a female cannot have more than one husband and male cannot have more than one wife.

It doesn’t amount to bigamy if the first marriage is null and void.

Section 11 makes bigamous marriage void and section17 makes it a penal offence for both Hindu males and females under section 494 and 495 of Indian penal code.

Section 5(ii): conditions regarding mental capacity

If a person is suffering from unsoundness of mind or suffering from any mental disorder of such kind to an extent as to be unfit for marriage and procreation of children, if the part is suffering from recurrent attacks of insanity then the marriage can be set aside.

Section 5(iii): Conditions of Age

Bridegroom must have completed the age of twenty-one years and the bride must have completed the age of 18 years at the time of marriage. And also every child marriage is voidable at the option of the contracting party who was a child at the time of marriage.

Section 5(iv): conditions regarding degrees of prohibited relationship

Marriage between parties related to each other within the degrees of prohibited relationship is forbidden to prevent:

Physical degeneracy of the race which the marriage between near relations would lead to moral degeneracy and consequent evil results which are apt to affect a society built on the edifice of the joint family system.

PROHIBITED RELATIONSHIP:

Section 3(g) Degrees of prohibited relationship

Two persons are said to be within the degrees of prohibited relationship if

• One is lineal descendant of the other
• One was the wife or husband of a lineal ascendant or descendant of the other; or
• If one was the wife of 

Brother, father, mothers brother, grandfathers, grandmothers brother of other

• If the two are brother and sister, uncle and niece aunt and nephew, or children of brother and sister or of two brothers of two sisters.
• Along with these prohibited relationship there are some others they are:

Full/half/uterine relationship

Legitimate and illegitimate relationship

Blood and adoption relationship.

Marriage with them also is prohibited.

Section 5(v): Conditions regarding sapinda relationship

Marriage between persons having a sapinda relationship with one another is prohibited unless there is a custom or usage that allows them to do so.

1. Sapinda relationship:

According to the Hindu Marriage Act, 1955 “sapinda relationship” and “sapinda” are as follows- 

Before reading sapinda we have to understand two terms i.e., lineal ascendants and lineal descendents

Lineal ascendant: Imagine there is one X and that X has one father and mother (‘P’AND ‘Q’) and mother has her parents (‘T’ AND ‘U’) and they are grandparents to X and father has his parents ( ‘A’ AND ‘B’) they are grandparents of X. Now An order from top to bottom i.e., grandparents –parents –children i.e. from T&U – P&Q –X this line is called

Lineal Descendant

And an order from bottom to top i.e. Grand children –parents –grandparents i.e. X – P&Q –T&U this is called as Lineal Ascendants.

Section 3(f) talks about sapinda and sapinda relationship with reference to any person extends as far as the third generation (inclusive) in the line of assent through the mother,  and the fifth (inclusive) in the line of assent through the father,  the line being traced upward in each case from the person concerned, who is to be counted as the first generation.

CEREMONIES OF MARRAIGE – SECTION 7

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, 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.

 The ceremonies and rights fall under two heads:-

1. The shastric ceremonies and rights as prescribed by Hindu law. (like Saptapadi)
2. The customary ceremony and rites which prevail in the caste or community of which one of the parties belongs.

 If customary ceremony is prevalent on the side of either party, its performance will be enough for the validity of the marriage. 

E.g. Santhals- sindur dan is the only essential ceremony, Buddhist –consent is enough, no ceremony necessary.)

Marriage between Sikh and Jain- 

Either saptapadi (which is Jain ceremony) or anand Karaj (which is Sikh ceremony) must be performed.

 For prosecution of bigamy: it must be proved that essential ceremonies have taken place.

SECTION 8 – REGISTRATION OF HINDU MARRAIGES

The Hindu Marriage Act, 1955 doesn’t make the marriage between two Hindus compulsory. Sub-section (5) of section 8 lays down that failure to register Hindu marriage shall in no way affect its validity. Thus, an unregistered Hindu marriage is also valid. However, if no ceremony has taken place, mere registration does not render a marriage valid. In such cases registration will be null and void. Certificate of Registration does not validate an otherwise invalid marriage.

There have been conflicting opinions of various high courts regarding making marriage under this act compulsory. Therefore in 

SEEMA V. ASHWINI KUMAR, the Supreme Court taking account of it has held that registration of marriage falls within the ambit of expression “vital statistics” therefore marriage of all citizens of India belonging to various religions should be compulsory registrable in the states where they are solemnized.