Marriage under Family Law

What is Marriage?

Marriage is a social and legal partnership that is entered into between a man and a woman. Marriage creates a kinship between the couple. A kinship is a form of social structure that exists between individuals who are related via blood, marriage, or adoption. Due to the reciprocal rights and benefits that come with marriage, such as the right to each other’s companionship and conjugal rights, marriage is a social union between two people. Affection, companionship, cohabitation, shared property rights, and sexual encounters are some of these rights and benefits....

Conditions of a Valid Marriage

The following mentioned are the conditions for a valid marriage:...

Condition 1: Monogamy vs. Polygamy

First of all, Hindus, Parsis, and Christians all adhere to the monogamy requirement, which permits them to be married just once. If they wish to get married again, their former marriage needs to be dissolved. The breakdown of marriage can end with death or divorce, which is the court’s dissolution of the union of a different spouse. But according to Muslim law, a man can practice “polygamy,” in which he has four wives....

Condition 2: Rituals and Ceremonies for Legal Recognition

Second, in Muslim law, a marriage is deemed lawful even in the absence of a religious ritual. A Muslim couple is frequently obliged to make the offer and get the approval of marriage. However, this is not followed by other religions, such as Christians, Parsis, or Hindus. A Hindu marriage is legally invalid if it was consummated without following the customs and ceremonies that are typical for either party’s group. Hindus perform the “Saptapadi” ritual, which involves walking seven steps in front of a sacred fire. Sikhs execute the four rounds of the “Anandkaraj” ritual, which solemnizes marriage by having Lavan, or the four hymns of Laav, recited. Parsi marriages must be performed in line with the “Ashirwad” rite, which spiritually unites the couple in matrimony. The bride and groom pledge to stay true to one another and resist giving in to outside pressure....

Condition 3: Minimum Age Requirements and Legal Standards

Religious beliefs vary about the appropriate age for marriage. For instance, Muslim law refers to the age of puberty, which is often reached at the age of fifteen. Hindu, Christian, and Parsi law prescribe the ages of eighteen and twenty-one for females and boys, respectively....

Condition 4: Prohibition of Incest and Family Relationships

No one who is a member of their immediate family may marry another individual. Every religion acknowledges that partners shouldn’t fall into the forbidden ranges of affinity (which forbids marrying certain blood relatives) or consanguinity (which forbids marrying specific individuals with whom marriage has brought into connection). One cannot, for instance, wed their sister or brother....

Condition 5: Capacity for Consent and Legal Competence

Capacity to consent implies that a person has to be of sound mind to get married. The term “sound mind” describes a person’s capacity to comprehend the nature of marriage and their obligations to their spouse when they tie the knot....

Marriage Criteria by Religion

Criteria Hindu Muslim Christian Parsi Sikh Age Girl Age: 18 years Boy Age: 21 years Puberty age is considered to be 15 years. Girl Age: 18 years Boy Age: 21 years Girl Age: 18 years Boy Age: 21 years Girl Age: 18 years Boy Age: 21 years Monogamy Essential Polygamy is allowed, in Muslim 4 wives are allowed. Essential Essential Essential Prohibited relationships Sapinda Relationships, Consanguinity and Affinity Consanguinity and affinity based Consanguinity and affinity Consanguinity and affinity Consanguinity and affinity Sound mind-when a person can judge the consequences of his/her act Both parties Both parties Both parties Both parties Both parties Religious ceremonies Saptpadi (seven steps around the fire) Offer, acceptance, and consideration of a civil contract (Husband gives money—mehr/dower—in exchange for the wife’s vow to follow him.) Priest certificate of marriage Aashirwad ceremony 4 Laav...

Conclusion

In a socially and legally accepted procedure, marriage, sometimes referred to as matrimony or wedlock, is the legally acknowledged union of two individuals and creates rights and duties between them as well as between their (if any) biological or adopted offspring. With the exception of Muslims, who follow religious writings rather than legal documents, there are a number of actions that govern marriage under many religious traditions. The definition of invalid and voidable marriages, as well as the requirements for a lawful marriage, are both covered under the act....

Marriage under Family Law- FAQs

What is an exogamy marriage?...