Marriage is a socially permitted voluntary, stable and exclusive union between a male and female. In Hindu Religion, Marriage is treated as holy bond between two souls. It is not just union for this life but also for coming life as well. Marriage is treated as one of the essential ‘Sanskaras’. It is essential for every Hindu to marry.
A Hindu Marriage may be solemnized in accordance with the customary rites and ceremonies of either party to the marriage. There are some conditions through which Hindu marriage can be solemnized –
1) A Hindu marriage duly can be solemnized with customary rites and ceremonies of either party.
2) If the ceremony includes saptapadi the marriage become complete and it binds both parties immediately after seventh step is complete.
These ceremonies vary according to custom.
For e.g. – In Nair caste Kerala, the bridegroom and bride wear a pair of cloth given by bridegroom side which is an important customary element.
Tying of a thread around brides’ neck by bridegroom is another important custom in Hindus.
Section 8 of HMA 1955 defines proof of a Hindu Marriage are as follows-
The state government is authorized to make rules for the registration of marriage.
Such rules can be related to register their marriage to registrar as may be prescribed.
It basically depends on state government to make registration of marriage compulsory in state or not. If any such direction of registration is passed by state gout then it is necessary to register their marriage otherwise it shall be punishable with fine which may extend to 25 rupees.
Section 8(4) provides that register must be maintained by registrar and open for inspection and can be available as evidence in reasonable time.
Recently, SC has directed the centre and state gout to make necessary amendments in regard to compulsory registration of marriages by a nodal officer of their area. This compulsory registration of marriage would provide proof to the wives who failed to provide documentary proof of marriages in maintenance of suit.
Section 9 of HMA 1955 gives the explanation of Restitution of Conjugal Rights i.e. when either husband or wife evacuate of each other, the aggrieved party may apply to restitution of conjugal rights by petition to the court. And if the court believes to the truth of statement, then court can order decree of Restitution of conjugal rights. The decree of restitution of conjugal rights will be issued under order XXI rule of 32 of C.P.C.
Hindu Marriage joins two individuals together in a bond of living together. It is a union between two spouses which is completed with proper rituals and ceremonies. But it is observed under every form of marriage women’s are given lower status then men. The instances are women were kindnapped, sold in form of gifts etc. In Previous time, Marriage is considered even after the death of husband and remarriage of widows are not allowed. But with change in time the concept of divorce came up. After so much modernization still divorced was too radical for the Indian society. But with recent culture, online date or love marriage was recognized. Now, people love to do online dating on various matrimonial sites like Jewansathi.com and choose their life partner.