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Marriage and Divorce in India

Marriage and divorce are fundamental aspects of family law in India. This chapter explores the legal framework governing these institutions, focusing on the Hindu Marriage Act, 1955, and other relevant legislation.

Definition of Marriage​

According to Section 2(b) of the Hindu Marriage Act, 1955, marriage is defined as:

"The voluntary union of a man and a woman to the exclusion of all others."

This definition applies to marriages solemnized under the Special Marriage Act, 1954, and the Hindu Marriage Act, 1955.

Types of Marriage​

Indian law recognizes several types of marriage:

  1. Hindu Marriage Act, 1955
  2. Special Marriage Act, 1954
  3. Muslim Personal Law (Shariat) Application Act, 1937
  4. Parsi Marrage and Divorce Act, 1936
  5. Christian Marriage Act, 1872

Each type of marriage has its own set of rules and regulations governing solemnization, validity, and divorce.

According to Section 3 of the Prohibition of Child Marriage Act, 2006:

"No person shall marry a minor girl."

The legal age of marriage for girls is 18 years, and for boys, it is 21 years.

Void Marriages​

Section 11 of the Hindu Marriage Act lists marriages that are void ab initio:

  1. A marriage between an ascendant and descendant of every degree
  2. A marriage between brothers and sisters of full or half-blood
  3. A marriage solemnized with the consent of a guardian who does not comply with the requirements of guardianship
  4. A marriage in contravention of the conditions prescribed by the Central Government under sub-section (2) of Section 5

Voidable Marriages​

Section 12 of the Hindu Marriage Act provides for voidable marriages:

  1. If either party was impotent at the time of marriage
  2. If either party was suffering from a mental disorder of such a kind or to such an extent that the party was incapable of giving valid consent to the marriage
  3. If either party had a spouse living at the time of the marriage, and the marriage was solemnized before the dissolution of such subsisting marriage

Grounds for Divorce​

The Hindu Marriage Act, 1955, provides for five grounds for divorce:

  1. Adultery (Section 13(1)(i))
  2. Cruelty (Section 13(1)(ii))
  3. Desertion (Section 13(1)(iii))
  4. Mental disorder (Section 13(1)(iv))
  5. Renunciation of worldliness (Section 13(1)(v))

Case Study: Vishaka vs. State of Rajasthan (1997)​

In this landmark case, the Supreme Court of India held that sexual harassment constitutes sexual assault under Section 354 of the Indian Penal Code. This ruling expanded the definition of sexual harassment beyond physical contact to include verbal and non-verbal conduct.

Legal Reference: Section 354, Indian Penal Code

Case Study: Sarla Mudgal vs. Union of India (1995)​

This case dealt with the issue of bigamy among Hindus. The court ruled that a Hindu cannot remarry until his first wife is dead or divorced.

Legal Reference: Sections 5(i) and 17, Hindu Marriage Act, 1955

Case Study: Joseph Shine vs. Union of India (2018)​

In this case, the Supreme Court decriminalized adultery, striking down Section 497 of the Indian Penal Code. The court ruled that the law violated Article 21 of the Constitution, which guarantees personal liberty.

Legal Reference: Section 497, Indian Penal Code; Article 21, Constitution of India

Conclusion​

Marriage and divorce laws in India are complex and multifaceted. Understanding these laws is crucial for students of law and aspiring lawyers. This chapter provides a foundation for further exploration of family law in India, emphasizing the importance of case studies and legal references in practical applications.

Additional Resources​

  • Hindu Marriage Act, 1955
  • Special Marriage Act, 1954
  • Muslim Personal Law (Shariat) Application Act, 1937
  • Parsi Marrage and Divorce Act, 1936
  • Christian Marriage Act, 1872
  • Prohibition of Child Marriage Act, 2006
  • Indian Penal Code
  • Constitution of India

These resources will provide deeper insights into the subject matter covered in this chapter.