Hindu marriage etc.
Husne Mubarak
(Querist) 30 January 2011
This query is : Resolved
Dear Experts,
Q1:What are the various ways/procedures by which a hindu boy can marry a hindu girl? Both are major.
Q2:Whether court-marriage has more advantageous/favorable than a marriage performed under hindu custom?
Q3:Whether marriage under Hindu marriage Act can be performed in a Court?
Q4:What is the procedure to get marry under Special Marriage Act?
I shall be very grateful for your reply.
With regards
Husne Mubarak
s.subramanian
(Expert) 31 January 2011
1. Only way to marry is to solemnise the marriage before the Registrar of marriages and get it registered.
2. No marriage can be performed in courts.
3. You have to perform and register it under the Hindu Marraigesd Act and not under the Special Marraiges ACt.
Kirti Kar Tripathi
(Expert) 31 January 2011
The easiest way to get marriage in Arya Samaj and thereafter get registered under Hindu Marriage Act.
Amit Minocha
(Expert) 31 January 2011
agree with both experts
M V Gupta
(Expert) 01 February 2011
As regards question No.1 is concerned I do not agree that the only way to get the marriage solemnised is before the Registrar and registering it. Attention is invited to Sec. 7 of the Hindu Marriage Act, 1955. It lays down the manner in which a Hindu marriage can be solemnised. The Marrigae can be solemnised in accordance with the customary rites and ceremonies of either party. Thus the Act preserves the traditional forms of solemnising the marriages. Each region has got its own traditional ceremonies and the marriages performed in accordance with these customs and traditions are fully valid. Sec. 7 specifically provides that if in accordance with the tradition Saptapadi is included in the ceremonies the marriage would be complete only on the taking of the seventh step around the sacred fire by the Groom and the bride.
As regards second query, the HM Act does not provide solemnisation of a Hindu marriage in Court. However it may be noted that in some states like Maharashtra registration of the Marriage with the Registrar of Marriages is made compulsory under Sec. 8 of the HM Act. But omission to register will not invalidate the marriage.
Query 3 relates to Special Marriage Act.
This Act is meant to facilitate marriage amongst parties professing different religions without changing their faiths.
