Download Customary Practices and hindu marriage act 1955 PDF

TitleCustomary Practices and hindu marriage act 1955
Tags Polygamy Divorce Husband Wife
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Total Pages18
Table of Contents
                            Specifics of the Law
                        
Document Text Contents
Page 10

relationship and sapindas.9 As per the Hindu social customs, Hindu marriages are

solemnized through religious rituals.

In Section 7 of the Act, the ceremonies and customs of a Hindu Marriage are duly

recognized, giving a sentimental value to the act.

Ceremonies of a Hindu marriage

(1) A Hindu marriage may be solemnized in accordance with the customary rites and

ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven

steps by the bridegroom and the bride jointly before the sacred fire), the marriage

becomes complete and binding when the seventh step is taken.

Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage.

Hindu marriage may be solemnized in accordance with the customary rites and

ceremonies of either party. Such rites and rituals include the Saptapadi—the taking of

seven steps by the bridegroom and the bride jointly before the sacred fire. The marriage

becomes complete and binding when the seventh step is taken. Even by going a step

forward, the act stipulates that the marriage is not valid if Saptapadi is not performed.

Thereby the Hindu Marriage Act also recognises the time immemorial customs and

rituals followed by the Hindus. Where ceremonies like saptapadi and kanyadaan were not

performed and also photographs were not admissible in the court, the marriage was held

not solemnized according to the Hindu rights.10 The expression ‘customary rites and

rituals’ naturally mean such Shastric ceremonies which the caste or communities to

which the party belongs is customarily following. The Hindu Marriage Act does not lay

9[URLhttp://ezinearticles.com/?The-Impact-of-the--Hindu-Marriage-Act,-1955-on-the-Indian-
Society&id=1475031]

10 Joyita Saha v Rajesh Kumar Pandey AIR 2000 Cal 109

http://ezinearticles.com/?The-Impact-of-the--Hindu-Marriage-Act,-1955-on-the-Indian-Society&id=1475031
http://ezinearticles.com/?The-Impact-of-the--Hindu-Marriage-Act,-1955-on-the-Indian-Society&id=1475031

Page 17

various parts of the world is coping with their social and religious lives and how the

institutions of family and marriage are evolving there. Because Hindus are now in every

country of the world, we need to know how they have been living and practicing their

religion in the context of the local challenges, traditions and prevailing laws. Let us hope

some day we will initiate a study of such issues on a global scale.

BIBLIOGRAPHY

BOOKS REFERRED:

• A.Bajpai, the Rights in India, New Delhi, Oxford University Press, 2003.
• Diwan, Paras, Hindu Law, Edn.2nd, Orient Publishing Company, New Delhi, 2002
• Mulla, “Principles of Hindu Law”, Edn 19th, Vol I, Lexis Nexis Butterworth’s
• A.G.Gupte, “Hindu Law”, Premier Publishing Company, 2005

STATUTES REFERRED:

• Hindu Marriage Act, 1955.
• Indian Special Marriage Act, 1954.

WEBSITES REFERRED:

http://society.indianetzone.com/weddings/1/hindu_marriage_act.htm;

http://www.sociologyguide.com/women-and-society/the-hindu-marriage-act.php;

http://www.surfindia.com/matrimonials/hindu-marriage-acts.html;

http://www.hinduwebsite.com/hinduism/h_marriage.asp;

http://www.lectlaw.com/def2/m087.htm;

http://www.thedailystar.net/law/2006/02/03/index.htm;

http://www.vakilno1.com/bareacts/hindumarriageact/s5.htm;

http://yamunanagar.nic.in/procedure/marriage.htm;

http://www.vakilno1.com/bareacts/hindumarriageact/s5.htm
http://www.thedailystar.net/law/2006/02/03/index.htm
http://www.lectlaw.com/def2/m087.htm
http://www.hinduwebsite.com/hinduism/h_marriage.asp
http://www.surfindia.com/matrimonials/hindu-marriage-acts.html
http://www.sociologyguide.com/women-and-society/the-hindu-marriage-act.php
http://society.indianetzone.com/weddings/1/hindu_marriage_act.htm

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