A marriage is legal , social and religious ceremony. Marriage is for two individual so they can unit legally, economically, and emotionally. In every religion marry is recognized by certain laws. So same as Hindu marriage is recognized by HMA that is HINDU MARRIAGE ACT 1955 . Marriage is called “vivah” and it is a Sanskrit terminology.
Concept of marriages
Marriage as Sacrament
As world knows from the beginning of the era no other people practice marriage idealize marriage as Hindu do.
As from social point of view marriage is a sacrament and this thought is continuing from the past decades.
As as social point of view of Hindu marriage is sanaskar and every Hindu must marry.
Marriage as a sacramental union implies that it is pure. Hindu conceived of their marriage as a union primarily meant for the performance of religious and spiritual duties
Such Hindu marriage cannot take place without the performance of sacred rites and ceremonies.
And the most important part of hindu marriage is saptapadi means “seven steps” , performance of Hindu marriage can’t take place without this ritual.
Marriage as contract
As earlier consent of the parties never matters for marriage but now as everything is come with revolution,
Modern concept of marriage as contract is an outcome of industrial revolution, with the idea of equity and liberty, This basically comes up with the thought of free volition of individuals.
So nowadays in order to effective marriage ,both the parties to a marriage must be voluntarily entered in agreement for the formation of contract marriage,
So when we talk about marriage as contract, consent play a vital role for the formation of marriage, though in most of the system of laws marriage of minor is permitted
Consent of guardian is also considered necessary.
Valid essential for marriage
- Age of both the parties should be major, that is age of bridegroom is 21 and bride 18.
- Abstention of degree of prohibited relationship.
- Parties of the marriage must be of sound mind and mentally fit so they can give valid consent for procreation of children.
- Abstention of sapinda relationship.
- Monogamy implies and it prohibits bigamy and polygamy , niether party has a spouse living at the time of marriage.
Voidable marriages
when it comes to voidable marriage, voidable marriage is valid marriage as long as it is not voided,
A voidable marriage can be voided only on the petition of one of the parties, If one of the parties does not file a petition for annulment of marriage, the marriage is remain valid, If one of the parties dies before the marriage is annulled, no one can challenge the marriage.
Conditions of voidable marriages
- The consent of the parties is obtained by fraud or force.
- The party is mentally unfit or impotent for the procreation of children.
- Any of the party of the marriage is suffering from insanity attacks.
- The party to a marriage is not able to gave consent at the time of marriage.
- The party to marriage was under aged.
- The concealment of pre-marriage pregnancy.
Conclusion
Basically it is assumed according to the society that marriage is a pure realtion bond between husband and wife, but there is some scope also where nullity of marriage is possible, which is given in section 11 and 12 of Hindu marriage act 1955.
Marriage is a mutual relationship between husband and wife and there are some conditons to that is given in section 5 of HMA for valid marriage and to prevent from voidable and void marriage.
Children born out of void or voidable marriage has given the title of legitimate by the law. Violation of section of Hindu marriage act 1955 leads to voidable or void marriage.
