Essentials of marriage

ESSENTIALS OF
MARRIAGE
-SHIVANI SHARMA
-ASSISTANT PROFESSOR
-SARDAR PATEL SUBHARTI INSTITUTE OF LAW

SECTION-5, HINDU MARRIAGE ACT,
1955
• THE HINDU MARRIAGE ACT, 1955 ORIGINALLY PROVIDED
SIX CONDITIONS FOR A VALID MARRIAGE BUT THE CHILD
MARRIAGE RESTRAINT ACT WHICH WAS PASSED IN 1978
OMITTED THE SIXTH CONDITION RELATING TO
GUARDIANSHIP IN MARRIAGE AND NOW THERE ARE ONLY
FIVE CONDITIONS AS PRE-REQUISITES FOR A VALID
HINDU MARRIAGE.
• THESE CONDITIONS ARE ESSENTIAL FOR THE VALIDITY OF
MARRIAGE.
• IN CASE OF NON-FULFILMENT OF THESE CONDITIONS
THE MARRIAGE WOULD NOT BE DEEMED TO BE VALID.

• SECTION 5 OF THE ACT, WHICH DEALS WITH THESE CONDITIONS DISPENSES WITH
THE REQUIREMENT OF THE IDENTITY OF THE CASTE. SECTION 5 LAYS DOWN
THAT A MARRIAGE MAY BE SOLEMNISED BETWEEN ANY TWO HINDUS IF THE
FOLLOWING CONDITIONS ARE FULFILLED, NAMELY:
• (1) MONOGAMY:
NEITHER PARTY HAS A LIVING SPOUSE AT THE TIME OF MARRIAGE;
• (2) SOUNDNESS OF MIND:
NEITHER PARTY AT THE TIME OF MARRIAGE
(A) IS INCAPABLE OF GIVING A VALID CONSENT TO IT IN CONSEQUENCE OF
UNSOUNDNESS OF MIND; OR
(B) THOUGH CAPABLE OF GIVING A VALID CONSENT HAS BEEN SUFFERING FROM
MENTAL DISORDER OF SUCH A KIND OR TO SUCH AN EXTENT AS TO BE UNFIT FOR
MARRIAGE AND THE PROCREATION OF CHILDREN; OR
(C) HAS BEEN SUBJECT TO RECURRENT ATTACKS OF INSANITY OR EPILEPSY.

• (3) AGE OF MARRIAGE:
THE BRIDEGROOM HAS COMPLETED THE AGE OF 21 YEARS
AND THE BRIDE THE AGE OF 18 YEARS AT THE TIME OF
MARRIAGE.
• (4) BEYOND PROHIBITED DEGREES:
THE PARTIES ARE NOT WITHIN THE DEGREE OF PROHIBITED
RELATIONSHIP UNLESS CUSTOMS OR USAGE GOVERNING
EACH OF THEM PERMITS OF A MARRIAGE BETWEEN THE TWO;
• (5) BEYOND SAPINDA RELATIONSHIP:
THE PARTIES ARE NOT SAPINDA OF EACH OTHER, UNLESS
THE CUSTOM OR USAGE GOVERNING EACH OF THEM
PERMITS OF A MARRIAGE BETWEEN THE TWO.

MONOGAMY
• SECTION 5(1) PROVIDES THE RULE OF MONOGAMY AND PROHIBITS
POLYGAMY AND POLYANDRY. IT NOW SPECIFIES UNEQUIVOCALLY
THAT “HINDU CAN HAVE ONLY ONE MARRIAGE SUBSISTING AT A
TIME”.
• PRIOR TO THE ACT OF 1955 A HINDU MALE COULD MARRY MORE
THAN ONE WIFE IRRESPECTIVE OF THE FACT THAT HIS PREVIOUS WIFE
WAS ALIVE AT THE TIME OF HIS SUBSEQUENT MARRIAGE
• NOW THE SECTION REQUIRES THAT EITHER PARTY TO MARRIAGE
MUST NOT HAVE HIS SPOUSE LIVING AT THE TIME OF MARRIAGE AND
IN THE EVENT OF BREACH OF THIS CONDITION THE ERRING PARTY
WOULD FALL WITHIN THE MISCHIEF OF SECTIONS 494 AND 495 OF
THE INDIAN PENAL CODE AND ALSO WOULD BE LIABLE FOR
PUNISHMENT UNDER SECTION 17 OF THE HINDU MARRIAGE ACT

CONT…• THE SUPREME COURT IN SMT. YAMUNA BAI ANANT RAO ADHAV V. ANANT
RAO SLIIVA RAM ADLIAVA, HAS LAID DOWN THAT IN THE EVENT OF BREACH
OF FIRST CONDITION SPECIFIED IN SECTION 5(1) THE MARRIAGE IS
RENDERED NULL AND VOID UNDER SECTION 11(1) OF THE ACT AND SINCE
IT IS VOID AB INITIO, THE WIFE CANNOT CLAIM MAINTENANCE UNDER
SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE
• RECENTLY IN NILESLI NARAIN RAJESLI LAI V. KASHMIRA BLIUPENDRA BAI
BANKER, HUSBAND WHO WAS CHRISTIAN HAD MARRIED A HINDU GIRL. THE
MARRIAGE WAS SOLEMNIZED ACCORDING TO THE HINDU RITUALS AND WAS
REGISTERED UNDER THE HINDU MARRIAGE ACT. AFTER SOME TIME A BABY
GIRL WAS BORN AFTER WHICH THE WIFE WAS DESERTED BY THE HUSBAND
AND HE FILED A SUIT UNDER SECTION 11 OF HINDU MARRIAGE ACT FOR
DECLARATION OF MARRIAGE BETWEEN THE PARTIES AS VOID BECAUSE AT
THE TIME OF HIS MARRIAGE THE FIRST MARRIAGE WAS SUBSISTING. IN THIS
CASE THE COURT HELD THAT MARRIAGE BETWEEN THE PARTIES IS VOID AB
INTIO. BECAUSE DURING THE SUBSISTENCE OF HIS FIRST MARRIAGE, SUCH

• THE COURTS HAVE EXPRESSED THE VIEW THAT A PARTY TO THE
BIGAMOUS MARRIAGE COULD BE PUNISHED ONLY UPON THE
PROOF OF THE PRIOR MARRIAGE HAVING BEEN SOLEMNISED
ACCORDING TO RELIGIOUS CEREMONIES AND CUSTOMS. THE
SUBSEQUENT MARRIAGE WOULD REQUIRE PROOF OF ESSENTIAL
RELIGIOUS CEREMONIES OR RITES, MERE ADMISSION WOULD
NOT RENDER IT A COMPLETE MARRIAGE.
• THE OFFENCE OF BIGAMY WOULD BE CONSTITUTED ONLY
WHEN AT THE TIME OF THE PERFORMANCE OF SUBSEQUENT
MARRIAGE, THE SPOUSE OF THE SUCH PARTY TO MARRIAGE
WAS ALIVE AND THAT MARRIAGE WAS NOT VOID OR INVALID.
• EVEN WHERE THE SUBSISTING MARRIAGE WAS VOIDABLE, THE
OFFENCE OF BIGAMY WOULD BE MADE OUT UPON THE
PERFORMANCE OF SUBSEQUENT MARRIAGE. BUT IN EVERY CASE
THE OFFENCE WOULD BE PUNISHABLE IF THE ESSENTIAL
REQUIREMENTS OF LAW AND RELIGION HAD BEEN DULY

• IN THE CASE OF DR. D.N. MUKERJI V. STATE, DR. MUKERJI WAS PROSECUTED FOR
BIGAMY. WHILST HIS FIRST WIFE WAS ALIVE HE DEVELOPED COURTSHIP WITH ANOTHER
WOMAN AND PERFORMED A FALSE MARRIAGE WITH HER. HIS SECOND MARRIAGE WAS
ALLEGED TO HAVE ACCOMPLISHED WITH THE HELP OF THREE RELIGIOUS CEREMONIES
PERFORMED AT THREE DIFFERENT TIMES IN DIFFERENT WAYS.
• THE FIRST ONE CONSISTED OF MARRIAGE IN FULL MOON NIGHT MAKING THE MOON AS
WITNESS TO IT CALLED CHANDRA ANUSTHAN, THE SECOND ONE BEING IN THE TEMPLE
OF GODDESS KALI, WHERE GARLANDS WERE EXCHANGED IN FRONT OF THE DIETY AND
TILAK WAS PUT ON THE FOREHEAD OF THE COMPLAINANT, SMT. HARBANS KAUR BY THE
ACCUSED, DR. D.N. MUKERJI AND BOTH OF THEM WALKED SEVEN STEPS AROUND THE
DEITY TO SATISFY THE REQUIREMENT OF A VALID MARRIAGE.
• ON THE THIRD OCCASION A SIMILAR PERFORMANCE WAS GONE THROUGH AGAIN BY
THEM BEFORE GURU GRANTH SAHIB IN ORDER TO GIVE EFFECT TO DIE MARRIAGE. NONE
OF DIE ABOVE THREE CEREMONIES OR RITES WAS RECOGNISED BY THE COMMUNITY OF
EITHER PARTY TO MARRIAGE OR GIVEN ANY RELIGIOUS SANCTION. CONSEQUENTLY, IT
COULD NOT BE SAID THAT THEY HAD PERFORMED THEIR MARRIAGE IN ACCORDANCE
WITH LAW AND HENCE THE ALLEGED SECOND MARRIAGE WITH HARBANS KAUR DID NOT
CONSTITUTE THE OFFENCE OF BIGAMY SO AS TO MAKE DR. MUKERJI LIABLE FOR

• IN THIS WAY BY NON-PERFORMANCE OF RELIGIOUS RITES AND
CEREMONIES UNDER THE ACT OR PERFORMING THEM NOT IN
CONFORMITY THEREWITH, A HINDU MALE COULD MANAGE TO
KEEP A WOMAN EVEN DURING THE LIFE TIME OF HIS FIRST WIFE,
FOR WHICH NO LEGAL ACTION CAN BE TAKEN AGAINST HIM
UNDER THE ACT. IN ORDER TO PROSECUTE A PERSON FOR
BIGAMY IT IS NECESSARY TO PROVE THAT HE OR SHE HAS
ALREADY A LIVING SPOUSE AND THE PRIOR MARRIAGE HAS BEEN
DULY CELEBRATED WITH THE PERFORMANCE OF CEREMONIES.
• THE BREACH OF THE FIRST CONDITION OF SECTION 5 RESULTS
IN TWO LEGAL CONSEQUENCES, NAMELY,
(a) SUCH A MARRIAGE WOULD BECOME NULL AND VOID UNDER
SECTION 11; AND
(b) THE ERRING PARTY TO SUCH A MARRIAGE WOULD BE LIABLE
TO BE PROSECUTED UNDER SECTION 17 OF THE ACT AND
PUNISHMENT UNDER SECTION 494 AND 495 OF THE INDIAN

• AGAIN THE QUESTION ARISES AS TO WHETHER ANY
PARTY TO THE MARRIAGE CAN RESTRAIN THE OTHER
PARTY FROM REMARRIAGE BY APPROPRIATE ORDER OF
INJUNCTION? THE COURT IN THE CASE OF UNIN SHANKER
V. RAJDEVI, HAS RETURNED THE ANSWER TO THE
QUESTION IN AFFIRMATIVE AND LAID DOWN THAT
DESPITE WANT OF APPROPRIATE PROVISION TO THE
EFFECT IN THE HINDU MARRIAGE ACT, 1955, ANY PARTY
TO THE MARRIAGE COULD BE RESTRAINED REMARRYING
UNDER THE APPROPRIATE ORDER OF INJUNCTION.

WHETHER BY CONVERSION THE FIRST MARRIAGE IS ANNULLED OR IT BECOMES VOID AND WHETHER
THE HUSBAND COMMITS AN OFFENCE OF BIGAMY. THE COURT SAID THAT THE FIRST MARRIAGE
SUBSISTS AND THE HUSBAND COMMITS AN OFFENCE OF BIGAMY. AGAINST THIS AN APPEAL WAS
FILED BY THE HUSBAND AND THIS APPEAL WAS DISPOSED OF ALONG WITH THE CASE OF LILY
THOMAS BY THE SUPREME COURT.
• IN LILY THOMAS V. UNION OF INDIA, THE SAME QUESTIONS AROSE BEFORE THE COURT FOR
CONSIDERATION. THE SUPREME COURT OBSERVED THAT THE INSTITUTION OF MARRIAGE UNDER
EVERY PERSONAL LAW IS A SACRED INSTITUTION. UNDER THE HINDU LAW, MARRIAGE IS A
SACRAMENT. BOTH THESE HAVE TO BE PRESERVED, THEREFORE, RELIGION IS NOT A COMMODITY TO
BE EXPLOITED, IT IS A MATTER OF FAITH.
• WHEN A NON-MUSLIM MARRIED ACCORDING TO RELIGIOUS RITES STIPULATING MONOGAMY,
RENOUNCES HIS RELIGION, CONVERTS TO ISLAM AND SOLEMNIZES A SECOND MARRIAGE,
ACCORDING TO ISLAMIC RITES, WITHOUT DIVORCING HIS FIRST WIFE, THE SECOND MARRIAGE IS
VOID. HERE A PERSON FEIGNS TO HAVE ADOPTED ANOTHER RELIGION, JUST FOR SOME WORLDLY
GAIN OR BENEFIT, AND THIS IS RELIGIOUS BIGOTRY. THE CONVERSION DOES NOT AUTOMATICALLY
DISSOLVE THE FIRST MARRIAGE.
• SINCE A BIGAMOUS MARRIAGE IS AN OFFENCE UNDER SECTION 17 OF THE HINDU MARRIAGE ACT,
ANY MARRIAGE SOLEMNIZED BY THE HUSBAND DURING THE SUBSISTENCE OF THE FIRST HINDU
MARRIAGE IS VOID UNDER SECTION 11 AND AN OFFENCE UNDER SECTION 17 READ WITH SECTION
494 OF THE INDIAN PENAL CODE. THE COURT AFFIRMED THE DECISION IN SARLA MUDGAL CASE

LUNACY• SECTION 5(2) OF THE ACT, 1955 WAS AMENDED BY THE MARRIAGE LAW
AMENDMENT ACT, 1976 AND THE RESTRUCTURED CLAUSE LAYS DOWN AS
ONE OF THE CONDITIONS FOR A HINDU MARRIAGE IS THAT NEITHER PARTY
MUST BE SUFFERING FROM UNSOUNDNESS OF MIND, MENTAL DISORDER,
INSANITY [OR EPILEPSY] AT THE TIME OF MARRIAGE.
• SECTION 12 RENDERS, AT THE INSTANCE OF THE AGGRIEVED PARTY, THE
MARRIAGE VOIDABLE, IF THE OTHER PARTY WAS SUFFERING FROM ANY SUCH
MENTAL DISABILITY AT THE TIME OF MARRIAGE.
• THE TERM “AT THE TIME OF MARRIAGE” CONNOTES THAT IF AT THE TIME OF
MARRIAGE THE PARTIES TO IT WERE OF SOUND MIND BUT LATER BECAME
INSANE OR MENTALLY UNSOUND THEN THIS EVENTUALITY WOULD NOT
AFFECT THE VALIDITY OF MARRIAGE.
• THE ALLAHABAD HIGH COURT HAS DECIDED AN IMPORTANT POINT ON THIS
ASPECT AND HELD THAT A PARTY TO MARRIAGE MUST BE SO MUCH MENTALLY
DEFORMED THAT IT BECOMES IMPOSSIBLE FOR THE OTHER PARTY TO CARRY

CONT…• IN THIS RESPECT IT WOULD BE NECESSARY TO ESTABLISH THAT SUCH MENTAL DISABILITY
EXISTED EITHER FROM BEFORE OR SINCE THE TIME OF MARRIAGE.
• IN THE EVENT OF SUBSEQUENT MENTAL DISABILITIES IN EITHER PARTY TO MARRIAGE THE
AGGRIEVED PARTY CAN HAVE RECOURSE TO THE PROVISIONS OF SECTION 13 AND
OBTAIN A DECREE OF DIVORCE.
• IF THE FACTUM OF PRIOR MENTAL DISABILITY IN EITHER PARTY TO MARRIAGE HAD BEEN
CONCEALED, OR HAS BEEN AVOIDED TO BE STATED BY THE PARENTS OF EITHER PARTY,
THE MARRIAGE COULD BE DECLARED TO BE VOID UNDER SECTION 12 OF THE ACT AND
IT WOULD BE NO DEFENCE TO PLEAD THAT IT WAS THE DUTY OF THE OTHER PARTY TO
HAVE HIMSELF INVESTIGATED AND DISCOVERED THE TRUTH.
• BEFORE THE ENFORCEMENTS OF THE AMENDMENT ACT, THE HIGH COURT OF CALCUTTA
IN THE CASE OF ANIMA RAI V. PROBODH MOHAN RAI, LAID DOWN THAT SINCE THE
EXPRESSION “INSANE” HAS NOT BEEN DEFINED UNDER THE ACT, ITS MEANING AND
PURPORT WOULD BE THE SAME AS UNDER SECTION 3(5) OF THE INSANITY ACT WHICH
PROVIDES THAT ANY PERSON SUFFERING FROM MENTAL DERANGEMENT OF ANY KIND
MAY BE REGARDED AS IDIOT OR INSANE.

• THE HINDU MARRIAGE LAWS AMENDMENT
ACT, 1976 ADDED A NEW PROVISION IN
SECTION 5(2) IN SUPERSESSION OF THE
PREVIOUS ONE RELATING TO MENTAL
UNSOUNDNESS EXPANDING THE SCOPE OF
THE PREVIOUSLY USED EXPRESSION “IDIOCY
AND LUNACY” SO AS TO INCLUDE NOW
EVERY KIND OF MENTAL DISORDER AS A
GROUND OF NULLITY OF MARRIAGE UNDER
SECTION 12 OF THE ACT.

AGE OF THE PARTIES
• SECTION 5(3) PRESCRIBED THE AGE OF THE BRIDEGROOM AS EIGHTEEN
YEARS AND THAT OF BRIDE AS FIFTEEN YEARS BUT BY THE CHILD MARRIAGE
RESTRAINT (AMENDMENT) ACT, 1978 THE WORDS ‘THE EIGHTEEN’ AND
‘FIFTEEN’ STAND SUBSTITUTED BY TWENTY ONE AND EIGHTEEN
RESPECTIVELY.
• NOW FOR A VALID MARRIAGE THE BRIDEGROOM MUST HAVE ATTAINED THE
AGE OF 21 YEARS AND THE BRIDE OF 18 YEARS AT THE TIME OF MARRIAGE.
• BUT THE BREACH OF THIS PRE-REQUISITE DID NOT AFFECT THE VALIDITY
OF MARRIAGE, BUT ON THE OTHER HAND, RENDERED IT AS AN OFFENCE,
INVITING PENAL CONSEQUENCES TO THE ERRING PARTIES.
• THE GUILTY PARTY TO SUCH MARRIAGE OR THE PARENT OR GUARDIAN
CONCERNED WHO IS RESPONSIBLE FOR GETTING THE MARRIAGE
SOLEMNISED, OR NEGLIGENTLY FAILS TO PREVENT IT FROM BEING
SOLEMNISED SHALL BE LIABLE FOR SIMPLE IMPRISONMENT UPTO 15 DAYS
OR A FINE OF RS. 1000/- OR BOTH UNDER SECTION 18 OF THE ACT.

CONT…• NOW POSITION HAS CHANGED IN THE CONTRAVENTION OF THE
CONDITION SPECIFIED IN CLAUSE (III) OF SECTION 5, WITH
RIGOROUS IMPRISONMENT WHICH MAY EXTEND TO TWO YEARS,
OR WITH FINE WHICH MAY EXTEND TO ONE LAKH RUPEES OR WITH
BOTH.’
• BEFORE THE AFORESAID AMENDMENT THE CONSENT OF THE
GUARDIAN OF THE GIRL WAS NECESSARY IF SHE WAS BELOW
EIGHTEEN YEARS OF AGE.
• IF THE CONSENT OF THE GUARDIAN WAS OBTAINED BY FORCE OR
FRAUD THE AGGRIEVED PARTY COULD UNDER SECTION 12 OF THE
ACT HAVE THE MARRIAGE DECLARED VOID BY MAKING A PETITION
TO THIS EFFECT.
• A MARRIAGE SOLEMNISED IN VIOLATION OF SECTION 5(III) WOULD
NOT BE VOID ALTHOUGH THE PERSON GUILTY OF THE STIPULATED
CONDITION AS TO THE MINIMUM AGE WOULD BE LIABLE TO BE

PROHIBITION AS TO PROHIBITED DEGREES OF
RELATIONSHIP: SECTION 5(4)
• UNDER SUB-SECTION (IV) OF SECTION 5, MARRIAGES
BETWEEN PERSONS FALLING WITHIN THE PROHIBITED
DEGREES OF RELATIONSHIP HAVE BEEN PROHIBITED.
SECTION 3(G) DEFINES DEGREES OF PROHIBITED
RELATIONSHIP AS FOLLOWS:—
• TWO PERSONS WOULD BE REGARDED TO BE WITHIN
PROHIBITED DEGREES—
• (A) IF ONE IS A LINEAL ASCENDANT OF THE OTHER; OR
• (B) IF ONE WAS THE WIFE OR THE HUSBAND OF A LINEAL
ASCENDANT OR DESCENDANT OF THE OTHER; OR

CONT…• (C) IF ONE WAS THE WIFE OF THE BROTHER OR OF THE FATHER’S OR MOTHER’S
BROTHER OR OF THE GRANDFATHER’S OR GRANDMOTHER’S BROTHER OF THE
OTHER.
• (D) IF TWO ARE BROTHER AND SISTER, UNCLE AND NIECE, AUNT AND NEPHEW,
OR CHILDREN OF BROTHER AND SISTER OR OF TWO BROTHERS OR OF TWO
SISTERS.
IT IS NOTEWORTHY THAT RELATIONSHIP IN THE ABOVE CONTEXT WOULD ALSO
INCLUDE—
• (I) RELATIONSHIP BY HALF OR UTERINE BLOOD AS WELL AS BY FULL BLOOD;
• (II) ILLEGITIMATE BLOOD RELATIONSHIP AS WELL AS LEGITIMATE;
• (III) RELATIONSHIP BY ADOPTION AS WELL AS BY BLOOD.
AN EXCEPTION HAS BEEN MADE IN THIS CLAUSE TO THE EFFECT THAT A
MARRIAGE OF PERSONS THOUGH RELATED TO EACH OTHER WITHIN THE
PROHIBITED RELATIONSHIP SHALL BE PERMISSIBLE IF THE CUSTOM OR USAGE
GOVERNING BOTH THE PARTIES TO THE MARRIAGE PERMITS A MARRIAGE
BETWEEN THEM. THE CUSTOM WHICH ALLOWS A MARRIAGE BETWEEN PERSONS
WITHIN PROHIBITED DEGREES MUST FULFIL THE REQUIREMENTS OF A VALID

ORDER OF PROHIBITED RELATIONSHIP:
• SECTION 3(F) FURNISHES DETAILS OF PROHIBITED RELATIONSHIP ACCORDING TO WHICH A
MARRIAGE WITH THE FOLLOWING RELATIONS CANNOT RESULT IN A LAWFUL WEDLOCK—
• (I) WIFE OF HIS LINEAL ASCENDANT,
• (II) WIFE OF LINEAL DESCENDANT, OR
• (III) BROTHER’S WIFE,
• (IV) WIFE OF HIS FATHER’S BROTHER,
• (V) WIFE OF HIS MOTHER’S BROTHER,
• (VI) WIFE OF HIS GRANDFATHER’S BROTHER,
• (VII) WIFE OF HIS GRANDMOTHER’S BROTHER,
• (VIII) SISTER,
• (IX) BROTHER’S SISTER,
• (X) SISTER’S DAUGHTER,
• (XI) FATHER’S SISTER,
• (XII) MOTHER’S SISTER,
• (XIII) FATHER’S SISTER’S DAUGHTER,
• (XIV) FATHER’S BROTHER’S DAUGHTER,
• (XV) MOTHER’S BROTHER’S DAUGHTER.

SIMILARLY NO GIRL COULD MARRY THE FOLLOWING RELATIVES—
• (1) HER LINEAL ASCENDANT SUCH AS FATHER OR GRANDFATHER,
• (2) HUSBAND OF HER LINEAL ASCENDANT,
• (3) HUSBAND OF HER LINEAL DESCENDANT SUCH AS HER SON-IN-LAW,
HUSBAND OF SON’S DAUGHTER,
• (4) BROTHER,
• (5) FATHER’S BROTHER,
• (6) MOTHER’S BROTHER,
• (7) NEPHEW,
• (8) SISTER’S SON,
• (9) UNCLE’S SON,
• (10) FATHER’S SISTER’S SON,
• (11) MOTHER’S SISTER’S SON,
• (12) MOTHER’S BROTHER’S SON.

PROF. MAHMOOD CLEARLY SUMMARIZED THE ABOVE POSITION IN A TABULAR
FORM AS UNDER:—
PROHIBITED DEGREE IN MARRIAGE:
FOR MEN:
• I. MOTHER
• II. GRANDMOTHER HOW SO EVER HIGH
• III. FORMER WIFE OF FATHER OR GRAND-FATHER HOW SO EVER HIGH
• IV. FORMER WIFE OF BROTHER
• V. FORMER WIFE OF EITHER PARENT’S BROTHER
• VI. FORMER WIFE OF GRAND-PARENT’S BROTHER
• VII. SISTER
• VIII. EITHER PARENT’S SISTER
• IX. DAUGHTER OF A BROTHER OR SISTER
• X. DAUGHTER OF EITHER PARENT’S BROTHER
• XI. DAUGHTER OF EITHER PARENT’S SISTER

FOR WOMEN:
• I. FATHER
• II. GRANDFATHER HOW SO EVER HIGH
• III. FORMER HUSBAND OF MOTHER OR GRAND-MOTHER
HOWSOEVER HIGH
• IV. BROTHER OF FORMER HUSBAND
• V. NEPHEW OF FORMER HUSBAND
• VI. GRAND-NEPHEW OF FORMER HUSBAND
• VII. BROTHER
• VIII. SON OF A BROTHER OR SISTER
• VIII. SON OF EITHER PARENT’S BROTHER
• IX. SON OF EITHER PARENT’S SISTER

• A MARRIAGE FALLING WITHIN THE PROHIBITED DEGREES OF
RELATIONSHIP WOULD BE VOID UNDER SECTION 11 OF THE ACT.
• MOREOVER SECTION 18(B) PUNISHES THE ERRING PARTY WITH THE
SIMPLE IMPRISONMENT WHICH MAY EXTEND UP TO ONE MONTH, OR
WITH FINE WHICH MAY EXTEND TO ONE THOUSAND RUPEES, OR WITH
BOTH.
• WHERE MARRIAGE BETWEEN PERSONS UNDER PROHIBITED
RELATIONSHIP IS PERMITTED BY CUSTOM IN A PARTICULAR
COMMUNITY SUCH A MARRIAGE WOULD RECEIVE THE RECOGNITION OF
A VALID MARRIAGE, FOR EXAMPLE, IN SOUTH INDIA, A MARRIAGE WITH
SISTER’S DAUGHTER OR WITH MOTHER’S BROTHER’S DAUGHTER HAS
BEEN RECOGNIZED BY CUSTOMARY LAW.
• THE VALIDITY OF CUSTOM SHALL BE EXAMINED BY THE COURT IN THE
CONTEXT OF CLAUSE (A) OF SECTION 3, WHICH LAYS DOWN SEVERAL
CONDITIONS FOR ITS VALIDITY.

BEYOND SAPINDA RELATIONSHIP—SECTION
5(V)
• THIS CLAUSE PROVIDES THAT NO MARRIAGE IS VALID IF IT IS MADE BETWEEN PARTIES
WHO ARE RELATED TO EACH OTHER AS SAPINDAS UNLESS SUCH MARRIAGE IS
SANCTIONED BY USAGE OR CUSTOMS GOVERNING BOTH THE PARTIES.
• A MARRIAGE IN VIOLATION OF THIS CONDITION WILL BE VOID AND THE PARTY
VIOLATING THE PROVISIONS OF SECTION 5(V) WOULD BE LIABLE TO PUNISHMENT
UNDER SECTION 18(B) WHICH LAYS DOWN SIMPLE IMPRISONMENT FOR ONE MONTH
OR A FINE OF RS. 1000/- OR BOTH.
• THE RESTRICTION BASED ON SAPINDA RELATIONSHIP WAS APPLICABLE EVER SINCE
BEFORE THE ENFORCEMENTS OF THIS ACT.
• IF PARTIES TO THE MARRIAGE ARE GOVERNED BY SUCH CUSTOM WHICH PERMITS
MARRIAGES BETWEEN SAPINDAS, THE SAID PROHIBITION WOULD NOT APPLY AND THE
MARRIAGE WOULD CONTINUE TO BE VALID.
• THE VIEW WAS EXPRESSED BY THE PUNJAB HIGH COURT RECOGNIZING THE SAGOTRA
MARRIAGE IN VAISHYA AGRAWAL COMMUNITY.”
• CERTAIN CUSTOMS OF THE SAME NATURE PREVAIL IN THE PROVINCE OF MADRAS
RECOGNIZING MARRIAGES AMONG THE OFFSPRINGS OF THE BROTHERS AND SISTERS.

• PUNISHMENT FOR CONTRAVENTION OF CERTAIN OTHER
CONDITIONS FOR HINDU MARRIAGE – SECTION – 18 -
EVERY PERSON WHO PROCURES A MARRIAGE OF HIMSELF OR
HERSELF TO BE SOLEMNISED UNDER THIS ACT IN CONTRAVENTION
OF THE CONDITIONS SPECIFIED IN CLAUSES (III), (IV), AND (V) OF
SECTION 5 SHALL BE PUNISHABLE—
(A) IN THE CASE OF CONTRAVENTION OF THE CONDITION SPECIFIED
IN CLAUSE (III) OF SECTION 5, WITH RIGOROUS IMPRISONMENT
WHICH MAY EXTEND TO TWO YEARS OR WITH FINE WHICH MAY
EXTEND TO ONE LAKH RUPEES, OR WITH BOTH;]
(B) IN THE CASE OF A CONTRAVENTION OF THE CONDITION
SPECIFIED IN CLAUSE (IV) OR CLAUSE (V) OF SECTION 5, WITH SIMPLE
IMPRISONMENT WHICH MAY EXTEND TO ONE MONTH, OR WITH FINE
WHICH MAY EXTEND TO ONE THOUSAND RUPEES, OR WITH BOTH

SEC-7 CEREMONIES FOR 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

SEC-8 REGISTRATION OF HINDU MARRIAGES
• (1) FOR THE PURPOSE OF FACILITATING THE PROOF OF HINDU MARRIAGES,
THE STATE GOVERNMENT MAY MAKE RULES PROVIDING THAT THE PARTIES TO
ANY SUCH MARRIAGE MAY HAVE THE PARTICULARS RELATING TO THEIR
MARRIAGE ENTERED IN SUCH MANNER AND SUBJECT TO SUCH CONDITIONS AS
MAY BE PRESCRIBED IN A HINDU MARRIAGE REGISTER KEPT FOR THE PURPOSE
• (2) NOTWITHSTANDING ANYTHING CONTAINED IN SUB-SECTION (1), THE
STATE GOVERNMENT MAY, IF IT IS OF OPINION THAT IT IS NECESSARY OR
EXPEDIENT SO TO DO, PROVIDE THAT THE ENTERING OF THE PARTICULARS
REFERRED TO IN SUB-SECTION (1) SHALL BE COMPULSORY IN THE STATE OR IN
ANY PART THEREOF, WHETHER IN ALL CASES OR IN SUCH CASES AS MAY BE
SPECIFIED, AND WHERE ANY SUCH DIRECTION HAS BEEN ISSUED, ANY PERSON
CONTRAVENING ANY RULE MADE IN THIS BEHALF SHALL BE PUNISHABLE WITH
FINE WHICH MAY EXTEND TO TWENTY-FIVE RUPEES

CAPACITY TO MARRIAGE
• BOTH THE PARTIES, IN ORDER TO ENTER INTO A VALID MARRIAGE
CONTRACT MUST BE OF SOUND MIND AND MUST HAVE ATTAINED
PUBERTY I.E. THE AGE OF 15 YEARS.
• MARRIAGE OF MINORS AND LUNATICS CAN HOWEVER BE CONTRACTED
WITH THE CONSENT OF THEIR GUARDIANS.
• BUT THE MINOR HAS THE OPTION TO EITHER REPUDIATE OR AFFIRMS
THE MARRIAGE WHEN HE ATTAINS PUBERTY.
• IN THE CASE OF A FEMALE, SHE CAN REPUDIATE THE MARRIAGE BEFORE
SHE ATTAINS EIGHTEEN YEARS OF AGE, PROVIDED THAT THE MARRIAGE
HAS NOT BEEN CONSUMMATED.
• THE DISSOLUTION OF MUSLIM MARRIAGE ACT DEFINES THE MAJORITY AS
THE AGE OF 15 YEARS.
• THUS A MUSLIM MALE OR FEMALE WHO HAS ATTAINED THE AGE OF 15
CAN ENTER INTO MARRIAGE.

ESSENTIALS OF MARRIAGE
• THE ESSENTIALS OF A VALID MARRIAGE ARE AS FOLLOWS:-
(i) THERE SHOULD BE A PROPOSAL MADE BY OR ON BEHALF OF ONE
OF THE PARTIES TO THE MARRIAGE, AND AN ACCEPTANCE OF THE
PROPOSAL BY OR ON BEHALF OF THE OTHER PARTY.
(ii) THE PROPOSAL AND ACCEPTANCE MUST BOTH BE EXPRESSED AT
ONCE MEETING.
(iii) THE PARTIES MUST BE COMPETENT
(iv) THERE MUST BE TWO MALE OR ONE MALE & TWO FEMALE
WITNESSES, WHO MUST BE SANE AND ADULT MAHOMEDAN
PRESENT & HEARING DURING THE MARRIAGE PROPOSAL AND
ACCEPTANCE. (NOT NEEDED IN SHIA LAW)
(v) NEITHER WRITING NOR ANY RELIGIOUS CEREMONY IS NEEDED.

FIXATION OF DOWER OR MEHAR
• ANOTHER ESSENTIAL CONDITION OF THE MUSLIM MARRIAGE
RELATES THE FIXATION OF DOWER OR MEHAR, ON THE DAY OF
MARRIAGE. DOWER OR MEHAR REFERS TO A PARTICULAR SUM
OF MONEY OR PROPERLY WHICH THE BRIDE IS ENTITLED TO GET
FROM THE BRIDE GROOM IN CONSIDERATION OF MARRIAGE.
WITHOUT DOWER OR MEHAR A MUSLIM MARRIAGE CANNOT BE
CALLED VALID.
PREFERENCE SYSTEM
• IN MATE SELECTION, THE FIRST PREFERENCE IS TO BE
GIVEN TO PARALLEL COUSIN AND CROSS COUSIN BUT NO
SUCH PREFERENCE IS BEING GIVEN TO COUSIN MARRIAGE
THESE DAYS.

CERTAIN PROHIBITIONS
(1) MARRIAGE WITH NEAR RELATIVES:
• A PERSON IS PROHIBITED TO MARRY ANOTHER WHO IS RELATED
TO HIM BY CONSANGUINITY, AFFINITY OR FOSTERAGE (FOSTERAGE
MEANS A CHILD BREASTFEEDING OF A WOMEN FOR A CERTAIN
PERIOD) CONSANGUINITY (ASCENDANTS SUCH AS THE MOTHER,
GRANDMOTHER, MOTHER IN LAW ETC. DESCENDANTS SUCH AS
DAUGHTER, GRANDDAUGHTER, AMONG REAL SISTER AND
BROTHERS, GRANDDAUGHTER OF THE BROTHER, DAUGHTER IN
LAW, WIFE OF DAUGHTER (THE SON OF THE)
(2) UNLAWFUL CONJUNCTION:
• A MUSLIM IS NOT ALSO ALLOWED TO MARRY TWO SISTERS AT A
TIME. AFTER THE TERMINATION OF THE FIRST MARRIAGE THE
SECOND MARRIAGE CAN BE PERFORMED.

CONT…
(3) PLURALITY OF MARRIAGE:
• A WOMAN IS NOT ALLOWED TO MARRY A SECOND PERSON
WHILE HER FORMER HUSBAND IS STILL ALIVE. IN OTHER
WORDS, POLYANDRY IS STRICTLY FORBIDDEN BUT, ON THE
OTHER HAND, A MUSLIM MALE IS FREE TO HAVE FOUR WIVES
AT A TIME. IF HE WANTS TO MARRY A FIFTH ONE HAS TO
DIVORCE ONE OF THE FOUR.
(4) MARRIAGE DURING IDDAT:
• THE WORD “IDDAT” MEANS WAITING PERIOD. IT REFERS TO
THE SPECIFIED PERIOD A MAN IS SUPPOSED TO WAIT BEFORE
SEEKING REMARRIAGE LASTS FOR THREE MONTHS AFTER THE
DISSOLUTION OF A FORMER MARRIAGE EITHER BY DEATH OR
BY DIVORCE. IF THE WOMAN IS ALREADY PREGNANT, THE
PERIOD OF IDDAT LASTS TILL THE DELIVERY OF THE BABY.

KINDS OF IDDAT
WIDOW
•4
mont
hs
and
10
days
DIVORCEE
(subject to
menstruarion)
•3
mens
t-
ruati
on
cycle
s
DIVORCEE
(not subject to
menstruation)
•3
lunar
mont
hs
PREGNAN
T WOMEN
•Till
deliver
y of
child

(5) MARRIAGE WITH IDOL WORSHIPPERS:
• MARRIAGE WITH MEMBERS OF OTHER RELIGIONS
ESPECIALLY THE IDOL WORSHIPPERS AND THE FIRE
WORSHIPPERS ARE PROHIBITED.
(6) ABSENCE OF WITNESS:
• AMONG THE SUNNI MUSLIMS, THE ABSENCE OR
INCOMPETENCE OF THE WITNESS RENDERS A
MARRIAGE IRREGULAR OR INVALID. AMONG THE
SHIAH MUSLIMS, HOWEVER THE PRESENCE OF
WITNESS IS NOT CONSIDERED TO BE NECESSARY.

(7) MARRIAGE WITH FOLLOWER OF OTHER RELIGIONS:
• ACCORDING TO THE SHIA RULE OF MARRIAGE THE
BRIDE AND THE BRIDE – GROOM BOTH MUST BE
MUSLIMS IN ORDER TO CONTRACT A VALID MUSLIMS
MARRIAGE. BUT THE TEMPORARY FORM OF MUSLIM
MARRIAGE KNOWN AS ‘MUTA’ CAN BE CONTRACTED
EVEN WITH THOSE WHO HAVE RESPECT FOR THE
SAME SCRIPTURES SUCH AS THE JEWS. CHRISTIANS
AND PARSI.
(8) PILGRIMAGE:
• A MUSLIM MAN IS NOT ALLOWED TO MARRY WHILE
ON A PILGRIMAGE.

VALID OR SAHI MARRIAGE
• UNDER THE MUSLIM LAW, A VALID MARRIAGE IS
THAT WHICH HAS BEEN CONSTITUTED IN
ACCORDANCE WITH THE ESSENTIAL
CONDITIONED PRESCRIBED EARLIER. IT CONFERS
UPON THE WIFE; THE RIGHT OF DOWER,
MAINTENANCE AND RESIDENCE, IMPOSES ON HER
OBLIGATION TO BE FAITHFUL AND OBEDIENT TO
HER HUSBAND, ADMIT SEXUAL INTERCOURSE
WITH HIM & OBSERVE IDDAT.

BATIL MARRIAGE
1. MARRIAGE UNDER CONSANGUINITY
2. MARRIAGE UNDER AFFINITY
3. MARRIAGE UNDER FOSTERAGE
FASID MARRIAGE
1. UNLAWFUL CONJUNCTION
2. POLYANDRY
3. ABSENCE OF PROPER WITNESSES
4. DIFFERENCE OF RELIGION
5. WOMAN UNDERGOING IDDAT

EFFECT OF SAHI MARRIAGE
• THE LAWFUL OBLIGATIONS WHICH ARISE AFTER MARRIAGE ARE AS FOLLOWS-
(I) MUTUAL INTERCOURSE LEGALIZED AND THE CHILDREN SO BORN ARE
LEGITIMATE.
(II) THE WIFE GETS POWER TO GET ‘MAHR’
(III) THE WIFE ENTITLES TO GET MAINTENANCE.
(IV) THE HUSBAND GETS RIGHT TO GUIDE AND PROHIBIT THE WIFE’S MOVEMENT
(FOR VALID REASONS ONLY)
(V) RIGHT OF SUCCESSION DEVELOPS.
(VI) PROHIBITION OF MARRIAGE DUE TO AFFINITY.
(VII) WOMEN BOUND TO COMPLETE IDDAT PERIOD & NOT TO MARRY DURING
IDDAT PERIOD; AFTER DIVORCE OR DEATH OF HUSBAND.
THE OBLIGATIONS AND RIGHTS SET BETWEEN THE TWO PARTIES DURING AND
AFTER THE MARRIAGE ARE TO BE ENFORCED TILL LEGALITY. ON THE BASIS OF A
MARRIAGE HUSBAND AND WIFE DO NOT GET THE RIGHT ON ONE ANOTHER’S
PROPERTY.

EFFECT OF IRREGULAR OR FASID MARRIAGE
• THOSE MARRIAGES WHICH ARE OUTCOME OF FAILURES ON PART OF
PARTIES IN NON FULFILLMENT OF PREREQUISITES BUT THEN ALSO ARE
MARRIAGES; TO BE TERMINATED BY ONE OF THE PARTY IS TERMED
TO BE IRREGULAR MARRIAGES. THEY ARE OUTCOME OF-
1. A MARRIAGE WITHOUT WITNESS (NOT UNDER SHIA LAW)
2. MARRIAGE WITH FIFTH WIFE.
3. MARRIAGE WITH A WOMEN UNDERGOING IDDAT.
4. MARRIAGE WITH A FIRE-WORSHIPPER.
5. MARRIAGE OUTCOME OF BAR OF UNLAWFUL CONJUNCTION.
• AN IRREGULAR MARRIAGE HAS NO LEGAL EFFECT BEFORE
CONSUMMATION BUT WHEN CONSUMMATED GIVE RISE TO SEVERAL
RIGHTS & OBLIGATIONS.

EFFECT OF VOID OR BATIL MARRIAGE
• A MARRIAGE WHICH IS UNLAWFUL FROM IT’S
BEGINNING. IT DOES NOT CREATE ANY CIVIL RIGHTS
OR OBLIGATIONS BETWEEN THE PARTIES.
• THE OFFSPRING OF A VOID MARRIAGE IS
ILLEGITIMATE. THEY ARE OUTCOME OF-
(A) MARRIAGE THROUGH FORCED CONSENT.
(B) PLURALITY OF HUSBAND.
(C) MARRIAGE PROHIBITED ON THE GROUND OF
CONSANGUINITY.
(D) MARRIAGE PROHIBITED ON THE GROUND OF
AFFINITY.
(E) MARRIAGE PROHIBITED ON THE GROUND OF
FOSTERAGE.

MUTA MARRIAGE• MUTA MARRIAGE IS A TEMPORARY MARRIAGE. MUTA MARRIAGE IS
RECOGNIZED IN SHIA ONLY. SUNNI LAW DOESN’T RECOGNIZE IT.
• A SHIA OF THE MALE SEX MAY CONTRACT A MUTA MARRIAGE WITH A
WOMAN PROFESSING THE MAHOMEDAN, CHRISTIAN OR JEWISH
RELIGION, OR EVEN WITH A WOMAN WHO IS A FIRE WORSHIPPER BUT
NOT WITH ANY WOMAN FOLLOWING ANY OTHER RELIGION.
• BUT A SHIA WOMAN CANNOT CONTRACT A MUTA MARRIAGE WITH A
NON MUSLIM.
THE ESSENTIALS OF MUTA MARRIAGE ARE:-
(1) THE PERIOD OF COHABITATION SHOULD BE FIXED.
(2) DOWER SHOULD BE FIXED.
(3) IF DOWER SPECIFIED, TERM NOT SPECIFIED, IT COULD AMOUNT TO
PERMANENT OR REGULAR MARRIAGE.
(4) IF TERM FIXED DOWER NOT SPECIFIED, IT AMOUNTS TO VOID

CONCEPT OF DOWER
• DOWER OR MAHR IS A PECULIAR MUSLIM LAW CONCEPT.
• IN THE PRE-ISLAMIC ERA, IN BEENA FORM OF MARRIAGE, THE
WOMAN, ON HER MARRIAGE, DID NOT ACCOMPANY HER
HUSBAND BUT REMAINED AT HER OWN HOUSE, WHERE THE
HUSBAND VISITED HER.
• AS A PART OF THE MARRIAGE CONTRACT, HE MADE A GIFT
TO HIS WIFE. THIS GIFT WAS KNOWN AS SADAQ.
• IN BAAL, THE OTHER PREVALENT FORM OF PRE- ISLAMIC
MARRIAGE, THE WOMAN ACCOMPANIED HER HUSBAND AFTER
HER MARRIAGE, AND CONSIDERATION OF WIFE’S LEAVING
HER PARENTS HOME THE HUSBAND PAID A SUM OF MONEY
TO HER PARENTS.
• THIS SUM OF MONEY IS KNOWN AS MAHR OR DOWER AND
WAS LIKENED TO BRIDE-PRICE.

CONT…
• ON THE SPREAD OF ISLAM IN ARABIA, MARRIAGE WAS
REFORMED AND SADAQ -MAHR WAS COMBINED INTO
ONE AND BECOME A SORT OF MARRIAGE SETTLEMENT
FOR THE WIFE.
• IN MODERN LAW, MAHR IS SOMETHING IN THE NATURE
OF A NUPTIAL GIFT WHICH A MUSLIM HUSBAND
UNDERTAKES TO MAKE TO HIS WIFE. IT IS AN
INTEGRATED PART OF MUSLIM MARRIAGE.
• PROBABLY, IT IS ALSO USED AS A DETERRENT TO MUSLIM
HUSBAND’S ABSOLUTE POWER TO PRONOUNCING
DIVORCE ON HIS WIFE.

DEFINITION
• ACCORDING TO MULLA, DOWER AS A SUM OF MONEY OR
OTHER PROPERTY WHICH THE WIFE IS ENTITLED TO
RECEIVE FROM HUSBAND IN CONSIDERATION OF
MARRIAGE.
• DOWER WHEN FIXED BY MUTUAL CONSENT AFTER THE
MARRIAGE IS KNOWN AS MAHR-I-TAFWEEZ.
• WHEN FIXED BY THE COURT, IT IS KNOWN AS MAHR-I-
TAKKIM
• WHEN DOWER FIXED BY AN AGREEMENT, IT IS KNOWN AS
SPECIFIED DOWER AND WHEN DETERMINED BY
OPERATION OF LAW, IT IS KNOWN AS A PROPER DOWER.

CLASSIFICATION
DOWER
SPECIFIE
D
PROMP
T
DEFERE
D
PROPER

SPECIFIED DOWER
• THE SPECIFIED DOWER MAY BE FIXED BY THE PARTIES TO THE
MARRIAGE OR IF THE SON IS MINOR, BY THE FATHER.
• THE HANAFI LAW TAKE THE VIEW THAT THE AMOUNT FIXED BY
THE FATHER IS BINDING ON THE SON, AND THE FATHER IS NOT
LIABLE PERSONALLY OR AS SURETY FOR HIS SON WHILE UNDER THE
SHIA LAW, THE FATHER IS LIABLE IF THE SON HAS NO MEANS.
• UNDER THE HANAFI LAW THE WIFE IS ENTITLED TO RECEIVE THE
MINIMUM AMOUNT OF DOWER, EVEN IF SHE HAS AGREED TO
RECEIVE LESS.
• UNDER THE SHIA LAW AND SHAFII LAW, THE WIFE IS ENTITLED TO
RECEIVE ONLY THE AMOUNT FIXED UNDER THE AGREEMENT
WHATEVER MAY BE ITS QUANTUM.

CONT…
• THE SPECIFIED DOWER IS USUALLY IN TWO PARTS :
oPROMPT DOWER
oDEFERRED DOWER
• PROMPT DOWER IS PAYABLE AND REALISABLE AT ONCE
AFTER THE SOLEMNIZATION OF MARRIAGE ON DEMAND,
THE WIFE HAS A RIGHT TO REFUSE CONJUGAL
RELATIONSHIP TO THE HUSBAND TILL THE PROMPT
DOWER IS PAID.
• DEFERRED DOWER IS PAYABLE EITHER ON THE EXPIRY OF
SPECIFIED CONTINGENCY OR IN EVERY CASE, ON THE
DISSOLUTION OF MARRIAGE, BY DEATH OR DIVORCE.

PROPER DOWER
• DOWER IS AN INTEGRAL PART OF MUSLIM MARRIAGE EVEN WHEN
DOWER IS NOT STIPULATED IN THE MARRIAGE CONTRACT, THE
WIFE IS ENTITLED TO WHAT IS KNOWN AS A PROPER OR
CUSTOMARY DOWER, MAHR-I- MISL OR MAHRUL-MITHUL.
• THE WIFE IS ENTITLED TO PROPER DOWER EVEN WHEN AT THE TIME
OF MARRIAGE SHE HAD AGREED TO RECEIVE NO DOWER.
• THE PROPER DOWER IS FIXED BY THE COURT, HAVING REGARD TO
THE NOBILITY OF HER BIRTH, THE BEAUTY OF HER PERSON, AND
THE CUSTOM OF HER FEMALE RELATIONS.
• IN OTHER WORDS, PROPER DOWER IS FIXED ON THE BASIS OF
CUSTOM PREVAILING ON THE SIDE OF THE WIFE AND NOT THE
HUSBAND.

A CHURCH OF ENGLAND WEDDING CEREMONY
• THE CEREMONY ITSELF HAS A FAIRLY UNIFORM ORDER:
• BEGINNING THE SERVICE: THE PRIEST WELCOMES THE
CONGREGATION AND THEN READS OUT WHAT
CHRISTIANS BELIEVE IN MARRIAGE.
• DECLARATIONS: THE COUPLE MAKE THEIR PROMISES IN
FRONT OF GOD THAT THEY WILL LOVE, COMFORT,
HONOUR AND PROTECT THEIR PARTNER AS LONG AS
THEY BOTH SHALL LIVE.
• VOWS: THE COUPLE THEN MAKE THEIR VOWS TO ONE
ANOTHER:
TO HAVE AND TO HOLD
FROM THIS DAY FORWARD;
FOR BETTER, FOR WORSE,
FOR RICHER, FOR POORER,
IN SICKNESS AND IN HEALTH,
TO LOVE AND TO CHERISH,

• RINGS: THE COUPLE EXCHANGE RINGS:
WITH MY BODY I HONOUR YOU,
ALL THAT I AM I GIVE TO YOU,
AND ALL THAT I HAVE I SHARE WITH YOU,
WITHIN THE LOVE OF GOD,
FATHER, SON AND HOLY SPIRIT.
• PROCLAMATION: THE PRIEST TELLS THE COUPLE THAT THEY ARE
NOW HUSBAND AND WIFE.
• PRAYERS: PRAYERS ARE SAID FOR THE COUPLE. THEY MAY INCLUDE
A PRAYER FOR THE GIFT OF CHILDREN, BUT THIS IS OPTIONAL.
• READINGS AND SERMON: THERE WILL BE SOME READINGS FROM
THE BIBLE AND THE MINISTER GIVES A SERMON.
• SIGNING OF THE REGISTER: THE BRIDE AND GROOM, ALONG WITH
TWO WITNESSES, SIGN THE REGISTER, WHICH IS A LEGAL
REQUIREMENT. THEY RECEIVE A LEGALLY BINDING MARRIAGE
CERTIFICATE.

• IN 1872 INDIAN CHRISTIAN MARRIAGE ACT WAS PASSED WHICH DETERMINED THE
CATEGORY OF CHRISTIANS WHO ARE ELIGIBLE FOR MARRIAGE. THE ACT
AUTHORIZED THE CENTRAL AND STATE GOVERNMENT TO APPOINT A REGISTER FOR
THE PURPOSE. THE ACT ALSO MADE PROVISION FOR A MAGISTRATE WHO COULD
PERFORM THE SAME FUNCTION. AS REGARDS THE SOLEMNIZATION OF MARRIAGE
ACT PROVIDED THAT:
1. MARRIAGE CAN BE SOLEMNIZED ANYTIME BETWEEN 6 A.M. TO 7 P.M – SEC 10
2. MARRIAGE BE SOLEMNIZED IN THE CHURCH ALONE. – SEC 11
3. EITHER OF THE SPOUSES SHALL INFORM THE PRIEST AND FILL UP THE FORM GIVEN
IN SCHEDULE-1 – SEC 12
4. THE MARRIAGE PROPOSAL SHOULD BE GIVEN THE PUBLICITY AND IT SHOULD BE
NOTIFIED ON THE NOTICE BOARD OF THE CHURCH EVERY SUNDAY AT LEAST
THREE WEEKS BEFORE MARRIAGE. – SEC 13
5. IF A MARRIAGE IS SOLEMNIZED AT SOME PRIVATE PLACE, THE REGISTER SHALL BE
INFORMED THEREOF AND HE SHALL PUBLICIZE THE MARRIAGE. – SEC 14
6. IF EITHER OF THE SPOUSES IS A MINOR THE FACT SHOULD BE BROUGHT TO THE
NOTICE OF THE REGISTER. – SEC 15
7. IN THE CASE OF A MINOR, THE CONSENT OF THE PARENTS IS ESSENTIAL. – SEC 19

ACCORDING TO THE ACT
SECTION - 4. MARRIAGES TO BE SOLEMNIZED ACCORDING TO ACT —
• EVERY MARRIAGE BETWEEN PERSONS, ONE OR BOTH OF WHOM IS OR ARE A
CHRISTIAN, OR CHRISTIANS, SHALL BE SOLEMNIZED IN ACCORDANCE WITH THE
PROVISIONS OF THE NEXT FOLLOWING SECTION; AND ANY SUCH MARRIAGE
SOLEMNIZED OTHERWISE THAN IN ACCORDANCE WITH SUCH PROVISIONS SHALL BE
VOID.
SECTION - 5. PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED —
MARRIAGES MAY BE SOLEMNIZED IN INDIA—
(1) BY ANY PERSON WHO HAS RECEIVED EPISCOPAL ORDINATION, PROVIDED THAT THE
MARRIAGE BE
SOLEMNIZED ACCORDING TO THE RULES, RITES, CEREMONIES AND CUSTOMS OF THE
CHURCH OF WHICH HE IS A
MINISTER;
(2) BY ANY CLERGYMAN OF THE CHURCH OF SCOTLAND, PROVIDED THAT SUCH
MARRIAGE BE SOLEMNIZED

CONT…
(3) BY ANY MINISTER OF RELIGION LICENSED UNDER THIS ACT
TO SOLEMNIZE MARRIAGES;
(4) BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
APPOINTED UNDER THIS ACT;
(5) BY ANY PERSON LICENSED UNDER THIS ACT TO GRANT
CERTIFICATES OF MARRIAGE BETWEEN INDIAN CHRISTIANS.
SECTION - 7. MARRIAGE REGISTRARS.—
THE STATE GOVERNMENT MAY APPOINT ONE OR MORE
CHRISTIANS, EITHER BY NAME OR AS HOLDING ANY OFFICE
FOR THE TIME BEING, TO BE THE MARRIAGE REGISTRAR OR
MARRIAGE REGISTRARS FOR ANY DISTRICT SUBJECT TO ITS
ADMINISTRATION.

REQUISITES TO THE VALIDITY OF PARSI MARRIAGES
– SECTION-31. MARRIAGE IS NOT VALID IF BOTH THE CONTRACTING
PARTIES ARE RELATED TO EACH OTHER IN ANY OF THE
DEGREES OF CONSANGUINITY I.E. PEOPLE DESCENDED
FROM THE SAME ANCESTORS.
2. IN PARSI LAW, A MARRIAGE IS NOT VALID IF IT IS NOT
SOLEMNIZED BY THE PRIEST IN PRESENCE OF TWO PARSI
WITNESSES.
3. A MARRIAGE WILL NOT BE CONSIDERED IF THE MALE IS NOT
21 YEARS OLD AND THE FEMALE HAS NOT COMPLETED 18
YEARS OF AGE.
4. IF THE MARRIAGE IS NOT VALID AS PER THE POINTS ARE
GIVEN ABOVE, ANY CHILD OF SUCH MARRIAGE WHO WOULD
HAVE BEEN LEGITIMATE HAD THE MARRIAGE BEEN VALID,

PUNISHMENT OF BIGAMY – SECTION 5
• EVERY PARSI WHO DURING THE LIFETIME OF HIS OR HER
WIFE OR HUSBAND, WHETHER A PARSI OR NOT,
CONTRACTS A MARRIAGE AGAIN WITHOUT HAVING BEEN
DIVORCED LAWFULLY FROM SUCH WIFE OR HUSBAND, OR
WITHOUT HAVING HIS OR HER PREVIOUS MARRIAGE BEEN
DECLARED NULL AND VOID OR DISSOLVED, SHALL BE
SUBJECT TO THE PENALTIES PROVIDED BY THE INDIAN
PENAL CODE FOR THE OFFENCE OF MARRYING AGAIN
DURING THE LIFETIME OF HIS/HER HUSBAND OR WIFE.

CERTIFICATE AND REGISTRY OF MARRIAGE –
SECTION-6
EVERY MARRIAGE CONTRACTED UNDER THIS ACT SHALL,
• IMMEDIATELY ON THE SOLEMNIZATION THEREOF, BE
CERTIFIED BY THE OFFICIATING PRIEST IN THE FORM
CONTAINED IN SCHEDULE II. THE CERTIFICATE SHALL BE
SIGNED BY THE SAID PRIEST, THE CONTRACTING PARTIES
AND TWO WITNESSES PRESENT AT THE MARRIAGE AND THE
SAID PRIEST SHALL THEREUPON SEND SUCH CERTIFICATE
TOGETHER WITH A FEE OF TWO RUPEES TO BE PAID BY THE
HUSBAND TO THE REGISTRAR OF THE PLACE AT WHICH SUCH
MARRIAGE IS SOLEMNIZED. THE REGISTRAR ON RECEIPT OF
THE CERTIFICATE AND FEE SHALL ENTER THE CERTIFICATE IN
A REGISTER TO BE KEPT BY HIM FOR THAT PURPOSE AND
SHALL BE ENTITLED TO RETAIN THE FEE.

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