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  • leadindia836
    • Dec 10, 2022
    • 3 min read

What Is The Process Of Hindu Marriage Act In Indian Law

The Hindu Marriage Act of 1955 believes that “Marriage” is a sacred union for the purpose of procreation and the continuance of the family cycle. It regulates all unions of two Hindus, Buddhists, Jains, or Sikhs, and any conversions to Hinduism.

The Hindu Marriage Act of 1955 also defines "Divorce" as a legitimate process by which both parties to marriage choose to dissolve every promise or vow made during the time of marriage. All Hindus, Buddhists, Jains, and Sikhs are covered under the act's provisions.

In both these situations, the Court follows specific rules and procedures.

Conditions for Marriage

  • It should be taken into account that before the court marriage, the parties did not live together as husband and wife.

  • The female and the male must be at least 18 and 21 years old, respectively.

  • The couple performing the marriage should be of sound mind

  • The couple at the time of marriage should provide their valid consent

  • The couple should not be affected by any mental illness or insanity

Grounds for Divorce

  • Adultery- If either spouse has ongoing sexual intercourse with someone other than their partner who is a legitimate partner during the marriage

  • Cruelty- Inhumane behavior of the petitioner after the marriage

  • Desertion- If either of the parties to the marriage deserted the other regularly for at least two years before the other party files the petition

  • Conversion- Either party's conversion to a religion other than Hinduism

  • Mental Disorder- The petitioner may seek divorce if the other party is mentally ill or has a mental disorder for which there is no cure or remedy

  • A Venerated Disease (Syphilis, Gonorrhoea etc. that is contagious

  • Being alive for at least seven years without being heard

Documents for Registration of Marriage

  • Application form signed by both parties

  • Proof of Birth Certificate by both the parties

  • An Affidavit detailing the marital status, nationality, the location of the wedding, etc., of both parties

  • Along with the photograph and invitation card of the wedding, two passport-size photos of each party are included

  • Certified copy of the divorce decree/order in case of a divorcee and death certificate of the spouse in case of a widow/widower

  • If one party to the marriage is from a different faith and converts to Hinduism for the marriage purpose, the priest who performed the marriage must provide a conversion certificate

Documents for Filing of Divorce

The requirement of documents for filing a divorce petition differs from the issues and circumstances of any case. Therefore the standard documents needed to file a divorce petition are-

  • Certificate of Marriage

  • Address proof of husband and wife

  • Passport-sized pictures of the couple

  • Marriage invitation card

  • Marriage ceremony photo

Procedure for Registration of Marriage

  • The Parties to the marriage must make an appearance before the marriage registrar within a month from the marriage date.

  • The concerned Marriage Registrar under whose authority the marriage was performed must receive an application to register the marriage.

  • Alternatively, an application can be made to the Registrar of the location where either spouse resided for at least six months before the marriage.

  • There is no need for a notice or prior intimation to register a marriage under this Act.

  • Include any documents in their original form, duly signed, and with the required copies.

  • If a temple priest performed the marriage ceremony, the priest should certify the marriage ceremony in writing.

  • It is necessary to include in the form if either of the parties to the marriage had a previous marriage.

  • All the documents should be attested by any gazetted or government officer

  • The prescribed fee of the payment slip must be attached

Procedure for Getting a Divorce

  • The petition for divorce must be presented before the family court through the lawyer

  • The family court will give a precise date and ask for all relevant information to investigate every detail required by the law

  • After the submission of the statement by both parties, the court gives six months for conciliation

  • If both parties reconcile during the allotted time, the council will cancel the divorce petition, but if no party wants to reconcile, the divorce will proceed as scheduled

  • If the court is satisfied by the arguments framed by both parties, it passes a decree of divorce declaring the marriage to be dissolved

You will need a well-experienced and competent lawyer to carry out the procedure of marriage and divorce under the Hindu Marriage Act. If you want to have a wedding or a divorce in Gurgaon, then a Matrimonial Lawyer In Gurgaon can be hired, and if you want to have a marriage or want to have a divorce in Noida, then Lawyers In Noida can be hired. Likewise, a Matrimonial Lawyer In Delhi can be hired if you want a marriage or want to have a divorce in Delhi.

Through Lead India Law, you can talk to a lawyer. You can ask a legal question online for free at Lead India Law, giving you access to free legal advice online.


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