What HINDU LAW says about marriage...

-poloenigma- thumbnail
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Posted: 8 years ago
#1
Since this forum LOVESSS to come up with the excuse of "religion" to defend the sanctity of a criminally forced marriage , I'd like to put forward some actual legit information :


What conditions do persons wishing to marry have to fulfill before a proper Hindu marriage can be solemnized?

  • Neither bride nor groom should already be married or have a living husband or wife. A divorced person, a widow or widower is free to remarry;
  • Both should have reached the minimum age for marriage: 18 years in case of the bride and 21 in case of the groom;
  • Apart from being able to give their voluntary consent to the marriage, both must also be free of any mental disorder which could make them unfit for marriage;
  • The bride and groom should not be within the "prohibited degrees of relationship" nor should they be "sapindas"1 of each other (these expressions are explained in detail in s.3 (f) and 3(g) of the Hindu Marriage Act). This rule does not apply if it can be established that a custom or usage is applicable to each permitting marriage between the two. Significantly, the rule does apply when the relationship is based on adoption.

What is the result of a Hindu marriage solemnised without fulfillment of the above mentioned necessary conditions?

In three situations such a marriage is said to be void, which means that it is invalid, as if it never took place:

  • If one of the parties to the marriage has a living husband or wife; or
  • If the parties are within the prohibited degrees of relationship; or
  • If they are sapindas of each other.

If the conditions regarding valid consent have not been fulfilled, the resulting marriage is void. That means that the party wishing to challenge it can approach the court for a decree of nullity. Once such a decree is passed, the marriage would have no legal force whatsoever. For example, if after the solemnization of the marriage it is found that the groom could not have given his valid consent because of the unsoundness of his mind, the woman can get the marriage nullified through the court. Naturally, the court must be satisfied with the proof of mental disorder and unsoundness of mind claim. If voidable marriages are not challenged in court, they remain valid for all legal purposes.


If a woman has been forced into a marriage, is such a marriage void or voidable? What if a fraud has been played on her?

Such marriages are voidable. If the consent of the complaining party has been obtained by force or by fraud relating to the nature of the ceremony performed or to any significant fact or circumstance concerning the opposing party, the marriage can be voided. However, a petition for annulment in such a case must be presented within one year after the force ceased to operate or the fraud has been discovered. Most important of all, the petitioner or complaining party should not have lived willingly with the other after the end of the force or after discovering the fraud. A marriage is also voidable if it can be proven that the wife was pregnant at the time of marriage by another man. In this situation the husband must file his petition within one year of the date of the marriage.


Edited by -poloenigma- - 8 years ago

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mcdreamy. thumbnail
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Posted: 8 years ago
#2
LOL ^^ I pity such people! I truly hope these guys are never a victim of a forced marriage, that's all I can say tbh :)
cool_kriti thumbnail
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Posted: 8 years ago
#3
@Poloenigma thanks for a wonderful post.👏 Most people are still unaware of such laws like the old generation viewers who values sindoor, MS and other things more than a person's happiness.
Edited by cool_kriti - 8 years ago
ShivSaan thumbnail
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Posted: 8 years ago
#4

Originally posted by: -poloenigma-

Since this forum LOVESSS to come up with the excuse of "religion" to defend the sanctity of a criminally forced marriage , I'd like to put forward some actual legit information :


What conditions do persons wishing to marry have to fulfill before a proper Hindu marriage can be solemnized?

  • Neither bride nor groom should already be married or have a living husband or wife. A divorced person, a widow or widower is free to remarry;
  • Both should have reached the minimum age for marriage: 18 years in case of the bride and 21 in case of the groom;
  • Apart from being able to give their voluntary consent to the marriage, both must also be free of any mental disorder which could make them unfit for marriage;
  • The bride and groom should not be within the "prohibited degrees of relationship" nor should they be "sapindas"1 of each other (these expressions are explained in detail in s.3 (f) and 3(g) of the Hindu Marriage Act). This rule does not apply if it can be established that a custom or usage is applicable to each permitting marriage between the two. Significantly, the rule does apply when the relationship is based on adoption.

What is the result of a Hindu marriage solemnised without fulfillment of the above mentioned necessary conditions?

In three situations such a marriage is said to be void, which means that it is invalid, as if it never took place:

  • If one of the parties to the marriage has a living husband or wife; or
  • If the parties are within the prohibited degrees of relationship; or
  • If they are sapindas of each other.

If the conditions regarding valid consent have not been fulfilled, the resulting marriage is void. That means that the party wishing to challenge it can approach the court for a decree of nullity. Once such a decree is passed, the marriage would have no legal force whatsoever. For example, if after the solemnization of the marriage it is found that the groom could not have given his valid consent because of the unsoundness of his mind, the woman can get the marriage nullified through the court. Naturally, the court must be satisfied with the proof of mental disorder and unsoundness of mind claim. If voidable marriages are not challenged in court, they remain valid for all legal purposes.


If a woman has been forced into a marriage, is such a marriage void or voidable? What if a fraud has been played on her?

Such marriages are voidable. If the consent of the complaining party has been obtained by force or by fraud relating to the nature of the ceremony performed or to any significant fact or circumstance concerning the opposing party, the marriage can be voided. However, a petition for annulment in such a case must be presented within one year after the force ceased to operate or the fraud has been discovered. Most important of all, the petitioner or complaining party should not have lived willingly with the other after the end of the force or after discovering the fraud. A marriage is also voidable if it can be proven that the wife was pregnant at the time of marriage by another man. In this situation the husband must file his petition within one year of the date of the marriage.


Thanks for the information. Hope Vividha does file for that annulment in the remaining 10months and some days(I am co-relating your information with this serial because I think that is what this information is for, if not and this is just free gyaan sorry). It is difficult for her to remember with all that drama and 'stress' she is going through. After all she did forget to file a criminal case against her father .
*Reemz* thumbnail
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Posted: 8 years ago
#5
^So sweet of you to be sarcastic about Vividha's 'stress'

I mean she only had to be mentally tortured by her own father, she only had to be forced to marry a stranger, she only had to separate from the person she loves most, she only was made to think she's imagining things, she only was molested, she only found out her love has lost his mental stability and oh she's only just lost her sister.

Pshhh!! That ain't stress, that's just small day to day worries.


Paa, this marriage has no standing from your legal perspective and now both Ravish has freed her from being a 'wife' then it has no moral implications too. Simple as!
*Reemz* thumbnail
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Posted: 8 years ago
#6



When you have no valid arguement, one often laughs nervously
ShivSaan thumbnail
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Posted: 8 years ago
#7

Originally posted by: *Reemz*

^So sweet of you to be sarcastic about Vividha's 'stress'

I mean she only had to be mentally tortured by her own father, she only had to be forced to marry a stranger, she only had to separate from the person she loves most, she only was made to think she's imagining things, she only was molested, she only found out her love has lost his mental stability and oh she's only just lost her sister.

Pshhh!! That ain't stress, that's just small day to day worries.


Paa, this marriage has no standing from your legal perspective and now both Ravish has freed her from being a 'wife' then it has no moral implications too. Simple as!


Oh come on I totally agree with you she is under considerable 'stress' , which is just going to increase with each passing day. That is why I am hoping that she remembers to file for annulment. Time and Tide wait for none.
anjs thumbnail
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Posted: 8 years ago
#8

Originally posted by: -poloenigma-

Since this forum LOVESSS to come up with the excuse of "religion" to defend the sanctity of a criminally forced marriage , I'd like to put forward some actual legit information :


What conditions do persons wishing to marry have to fulfill before a proper Hindu marriage can be solemnized?

  • Neither bride nor groom should already be married or have a living husband or wife. A divorced person, a widow or widower is free to remarry;
  • Both should have reached the minimum age for marriage: 18 years in case of the bride and 21 in case of the groom;
  • Apart from being able to give their voluntary consent to the marriage, both must also be free of any mental disorder which could make them unfit for marriage;
  • The bride and groom should not be within the "prohibited degrees of relationship" nor should they be "sapindas"1 of each other (these expressions are explained in detail in s.3 (f) and 3(g) of the Hindu Marriage Act). This rule does not apply if it can be established that a custom or usage is applicable to each permitting marriage between the two. Significantly, the rule does apply when the relationship is based on adoption.

What is the result of a Hindu marriage solemnised without fulfillment of the above mentioned necessary conditions?

In three situations such a marriage is said to be void, which means that it is invalid, as if it never took place:

  • If one of the parties to the marriage has a living husband or wife; or
  • If the parties are within the prohibited degrees of relationship; or
  • If they are sapindas of each other.

If the conditions regarding valid consent have not been fulfilled, the resulting marriage is void. That means that the party wishing to challenge it can approach the court for a decree of nullity. Once such a decree is passed, the marriage would have no legal force whatsoever. For example, if after the solemnization of the marriage it is found that the groom could not have given his valid consent because of the unsoundness of his mind, the woman can get the marriage nullified through the court. Naturally, the court must be satisfied with the proof of mental disorder and unsoundness of mind claim. If voidable marriages are not challenged in court, they remain valid for all legal purposes.


If a woman has been forced into a marriage, is such a marriage void or voidable? What if a fraud has been played on her?

Such marriages are voidable. If the consent of the complaining party has been obtained by force or by fraud relating to the nature of the ceremony performed or to any significant fact or circumstance concerning the opposing party, the marriage can be voided. However, a petition for annulment in such a case must be presented within one year after the force ceased to operate or the fraud has been discovered. Most important of all, the petitioner or complaining party should not have lived willingly with the other after the end of the force or after discovering the fraud. A marriage is also voidable if it can be proven that the wife was pregnant at the time of marriage by another man. In this situation the husband must file his petition within one year of the date of the marriage.



What you are saying makes sense...ofcourse it will, after all its the law. But i have a few arguments :

@ red : Yes, consent is important. But then vividha did give her consent, right. Yes it was forced by KK, but she did agree to marry Ravish to save Atharva's life.

Now even if the later part comes into play, They will need to file for annulment before the marriage goes void. Its not like one fine day, they decide that they are no longer married. Society will need something more then that.
-poloenigma- thumbnail
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Posted: 8 years ago
#9

Originally posted by: anjs


What you are saying makes sense...ofcourse it will, after all its the law. But i have a few arguments :

@ red : Yes, consent is important. But then vividha did give her consent, right. Yes it was forced by KK, but she did agree to marry Ravish to save Atharva's life.

Now even if the later part comes into play, They will need to file for annulment before the marriage goes void. Its not like one fine day, they decide that they are no longer married. Society will need something more then that.


Hey! The thing is a marriage requires free consent. Vividha agreeing to marry Ravish falls under the category of obtaining consent under duress (Threat to Atharv's life) Such a consent doesn't meet the requirements of voluntary consent (free consent) to establish the validity of a marriage.

That is why a mentally unstable person is unfit to marry according to law because that person cannot give his/her free consent. Similarly forced consent obtained from a mentally sane individual is also not valid.

Edit : as for your second argument, actually in this case "THEY" don't have to file for annulment. Vividha is the victim here, she alone can file for annulment. Ravish has no role to play in this.
Edited by -poloenigma- - 8 years ago
-poloenigma- thumbnail
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Posted: 8 years ago
#10

Originally posted by: navya20

Le aagyi behenji , behenji why did you bring big law book here .
By the way who hired you here.go and show your talent in court.not in forums.
Chal chal


Hello miss Newbie, this post calls for an intellectual discussion not mindless slandering by 13 year old fangirls who like to act like illiterates.

Kindly keep that in mind before infecting a topic with unnecessary filth.

Thank you .

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