Documente Academic
Documente Profesional
Documente Cultură
No.136 35
4. What conditions do persons that the party wishing to challenge it fraud relating to the nature of the
wishing to marry have to fulfill can approach the court for a decree of ceremony performed or to any
before a proper Hindu marriage can nullity. Once such a decree is passed, significant fact or circumstance
be solemnized? the marriage would have no legal force concerning the opposing party, the
Neither bride nor groom should whatsoever. For example, if after the marriage can be voided. However, a
already be married or have a living solemnization of the marriage it is petition for annulment in such a case
husband or wife. A divorced person, found that the groom could not have must be presented within one year
a widow or widower is free to given his valid consent because of the after the force ceased to operate or
remarry; unsoundness of his mind, the woman the fraud has been discovered. Most
Both should have reached the can get the marriage nullified through important of all, the petitioner or
minimum age for marriage: 18 years the court. Naturally, the court must be complaining party should not have
in case of the bride and 21 in case of satisfied with the proof of mental lived willingly with the other after the
the groom; disorder and unsoundness of mind
end of the force or after discovering
Apart from being able to give their claim. If voidable marriages are not
the fraud.
voluntary consent to the marriage, challenged in court, they remain valid
both must also be free of any mental A marriage is also voidable if it
for all legal purposes.
disorder which could make them unfit can be proven that the wife was
for marriage; pregnant at the time of marriage by
another man. In this situation the
The bride and groom should not
husband must file his petition within
be within the “prohibited degrees of
relationship” nor should they be one year of the date of the marriage.
“sapindas” 1 of each other (these 8. If a woman is being forced to
expressions are explained in detail in marry against her will, what remedy
s.3 (f) and 3(g) of the Hindu does she have?
Marriage Act). This rule does not A woman can seek the help of the
apply if it can be established that a police to help her stop her marriage if
custom or usage is applicable to she is being forced to marry against
each permitting marriage between the her will. However, given the level of
two. Significantly, the rule does mistrust that prevails in our society
apply when the relationship is based vis-à-vis the police, such an
on adoption. intervention can boomerang on the
5. What is the result of a Hindu 6. But what is the remedy if a woman and may lead to more trouble.
marriage solemnised without woman has been married off before In such situations, social pressure
fulfillment of the above mentioned she turned 18? applied judiciously might work better
necessary conditions? A woman whose marriage was on her parents as opposed to legal
In three situations such a marriage performed when she was under 15 interventions. A young woman being
is said to be void, which means that it years of age can reject the marriage, forced to marry against her will by
is invalid, as if it never took place: or “repudiate” it and get a divorce her parents should first try to identify
If one of the parties to the marriage on that ground alone. She can only
and approach influential people
has a living husband or wife; or take the step after turning 15, but
within her own community or
If the parties are within the before turning 18. However, by doing
extended family who have the moral
prohibited degrees of relationship; or so she loses the right to maintenance
or alimony which a divorced woman clout to influence her parent’s
If they are sapindas of each other.
can claim legally. decision. Alternatively, sympathetic
If the conditions regarding valid
7. If a woman has been forced into teachers or respected social workers
consent have not been fulfilled, the
a marriage, is such a marriage void in the area could also be approached
resulting marriage is void. That means
or voidable? What if a fraud has for help. However, these social
1
A person is said to be a Sapinda of the been played on her? interventions are outside the realm
other if they are connected by a blood tie of legal rights and in extreme cases
Such marriages are voidable. If
as far as the third generation in the line of
ascent in the case of a mother and fifth the consent of the complaining party where social pressure does not work,
generation in the case of a father has been obtained by force or by police help may be sought.
36 MANUSHI
complaint and the police are expected partner is a Christian then it is also
to stop him from getting remarried. possible for the couple to marry
If a wife learns that her husband is according to Christian rites under the
going to marry again she can get an Indian Christian Marriage Act, 1872.
injunction from the court forbidding Christian Personal Law then governs
the marriage before it occurs. After it the marriage. The third option, in some
has taken place, a wife can ask the ways the simplest, is to have a civil
court for a “declaration” that the marriage under the Special Marriage
second or bigamous marriage is null Act which facilitates marriages
and void. between any two people, including
Proving bigamy, however, is not members of any two religious
easy. The complainant wife has to communities. It does not involve
prove that both the marriages, her own conversion and also permits people to
as well as the second bigamous one, avoid various complications that arise
have been performed properly from marriages under various religion-
according to the appropriate based personal laws.
ceremonies. Most prosecutions for 12. What rights does a Hindu child,
bigamy fail because the complainant who is born to persons whose
9. Should marriages be registered? does not have the proof of the marriage is declared void or
How is it done? bigamous marriage. The accused voidable have under the Hindu
The registration of Hindu husband can usually successfully Marriage Act ?
marriages is not compulsory. However, claim against all efforts to prove the Such a child is considered
registration of one’s marriage provides contrary that essential parts of the legitimate regardless of the status of
proof of it for legal purposes and ceremony were never carried out and the parent’s marriage, if the marriage
therefore we highly recommend it for escape punishment. was performed according to Hindu
women as a safety measure. A Hindu 11. If a Hindu wishes to marry a rites under the Hindu Marriage Act,
marriage register is found in the Office person who is not a Hindu, under what 1955 or was a civil marriage under the
of the Registrar of Marriages, usually law can they do so? Special Marriage Act, 1954. Such a
located in District or Divisional court If the couple wishes to have a child may inherit the property of his
compounds. The Registrar is normally religious marriage governed by Hindu parents. However, he/she does not
some type of magistrate. A Hindu law, then the non-Hindu partner must acquire rights in relation to joint family
marriage can also be registered under convert to Hinduism. If the non-Hindu or ancestral property.
the Special Marriage Act, 1954 if both
parties so desire. If that is done, the We Invite You to Write for MANUSHI
marriage is treated as a civil marriage We are happy to consider the writing of even those who have never written before. Please
governed by that Act from the date of send your manuscripts neatly typed in double space and come with a self- addressed stamped
registration. envelope. We welcome submissions through e-mail.
10. What options are open to a The Kind of Writing We Look for:
woman whose husband marries We seek out writing that brings new, neglected or unexplored information to light.
someone else while still married to We encourage writing that focuses on concrete life situations and struggles of specific groups
her? Is that bigamy? of people, especially women, in different regions and communities.
We welcome translations of analytical articles, stories, poetry and reports of important events
Yes, marrying again during the
from regional languages.
lifetime of one’s wife or husband is We are especially keen on writing that describes positive contributions made by individuals
known as bigamy. It is a criminal or groups.
offence, punishable with imprisonment We urge you to send us profiles (not hagiographies) of people, especially women, whose
and fine. A bigamous marriage is void, lives have been inspirational for others.
a complete nullity (see answer to We want to give more coverage to the work of those who have provided innovative solutions
to issues they took up and problems they chose to work on.
question No.5). If a woman has prima
We appreciate contributions that provide new and critical insights into our cultural and literary
facie evidence that she is lawfully
heritage.
married to a man who is about to or has
Please do not send us articles already published or submitted elsewhere.
remarried, she can register a criminal
No.136 37