Laws Relating to Hindu Marriages

It is said that Swetaketu, the son of sage Uddala, was the first to suggest the idea of a man and a woman living together in wedlock. Earlier a man was allowed to live with many wives, and women could also have many husbands. The main sources of Hindu law are the srutis (vedas) and the smrutis. The rules were embodied in the smrutis. The smruti of Yajnavalkya gave a list of names of the law- givers of yore such as, Manu, Brihaspati, Vasista etc. They propounded the Dharmasastras - which are the basis of Hindu marriage laws. Hindu marriage was treated as a sacred institution since it laid emphasis on the performance of customary rites and ceremonies such as the 'Saptapadi' (seven steps). Prior to the Marriage Act of 1955, the conduct of the marriages and the validity of a marriage was governed by various customs and traditions pertaining to a particular caste, family or a place to where the bride and the groom belonged. In certain places in India among the Hindus it was also treated as a contract. As ideas and values changed, society took more serious views on laws and regulations. After independence, law- givers gave serious thought to the various laws in our society. Hindu law at present is governed by statute. The Hindu Marriage Act of 1955 codified the Hindu law relating to marriage. This applies to any person who is a Hindu by religion and anyone who is Buddhist, Jain, Sikh, Lingayat, Arya Samaji, Brahma Samaji - generally to any person who is not a Christian, Muslim, Parsi or a Jew. A marriage between two Hindus can be solemnized two Hindus provided:(a) Neither party has a spouse living at the time of marriage.(b) The Bridegroom should have completed the age of twenty-one and the Bride the age of eighteen at the time of marriage.(c) Neither party should be within the degrees prohibited relationship.e.g., Brother's children etc.(d) Exceptions to this have been in Tamil Nadu and same other states where custom and tradition allows marriage between Father's sister's children (children of brother and sister). Marriage can be solemnised with customary rites and ceremonies according to the wishes of either party, where there is a custom of 'Saptapadi' - taking seven steps before the fire in front of priest, this concludes the wedding. Earlier 'Swaya Mariyadai marriages' in Tamil Nadu did not come under the Marriage Act. Later a bill was passed in the state and it is now considered legal, provided it is conducted before relatives, friends, or some eminent personalities. Exchange of garlands or rings or tying of the "mangalsutra" is also necessary. For the purpose of proof of Hindu marriages, government has made the registration of the marriage mandatory.