marriage
Marriage creates the status of husband and wife, with rights of cohabitation, maintenance and inheritance, and determines the legitimacy of children. Indian law has no single marriage law. Hindus, Buddhists, Jains and Sikhs marry under the Hindu Marriage Act, 1955, which treats marriage as a sacrament but now also allows divorce; Muslims marry by nikah, which is a civil contract; Christians and Parsis have their own statutes; and anyone may marry under the Special Marriage Act, 1954, irrespective of religion.
A marriage that breaks the essential conditions may be void or voidable, depending on the condition broken.
Example
A Hindu marriage requires the conditions of s.5 HMA and the customary ceremonies of either party under s.7, such as saptapadi.
In Indian law
- Sections 5 and 7, Hindu Marriage Act, 1955
- Special Marriage Act, 1954
See also
nikah · saptapadi · nullity of marriage · divorce
Read more in the study notes
- Conciliation under industrial, family and marriage laws (Alternative Dispute Resolution Systems)
- Conciliation: meaning, kinds and the role of the conciliator (Alternative Dispute Resolution Systems)
- Negotiable instruments: meaning, characteristics, promissory note, bill of exchange and cheque (Banking Law)
- Negotiation, endorsement, assignment and presentment (Banking Law)
- Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
- Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)