Theme: Marriage

I am a 16 year old Muslim girl. Can I get married?

Under Muslim law, if a girl has attained puberty (15 years) then she can get married. So, a girl of 16 years old who has attained puberty can get married.1

  1. Shoukat Hussian and another v. State of Punjab and others [CRWP No.733 of 2021 (O&M)].[↩]

I am a Muslim girl, can I get married to a Christian boy?

Under Muslim law, only a Muslim man can marry a Christian woman or a woman from any other religion. This is not the case for a Muslim woman, as she cannot marry a Christian Man or a man from any other religion. If she does, then she will not be considered a Muslim anymore.1

However, now two people who are from different religions can marry and register under the Special Marriage Act, 1954. Read more on our explainer on Special Marriage.

  1. Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.338.[↩]

My friend wants to get married to an older man who belongs to another religion. I do not approve of this. Can I object to her marriage under the Special Marriage Act?

Any person may object to a marriage if it goes against any of the requirements given in Section 4 of the Act. The objection must be made within 30 days of publication of the notice of the intended marriage. When an objection is made, the Marriage Officer will not allow the marriage to be performed until they address the objection. They will then make a decision within 30 days of the objection whether to uphold it or not. If they uphold the objection they will not perform the marriage.

I am a Hindu woman and I want to get married to a Muslim man. Is this possible?

Yes. Inter-religious marriages are permitted under the Special Marriage Act. Even if the marrying parties belong to different religions, they can get married under this Act without having to convert or change their religion. The only requirement is the valid consent of the parties. You must be at least 21 years old (if male) or 18 years old (if female).

What happens when you register an inter-religious marriage?

A marriage that has been registered under the Act by a marriage officer will be entered in the Marriage Certificate Book and will be deemed to be a legitimate marriage under the Act. All the children born after the date of the ceremony will also be considered to be legitimate children.

What is the ‘Saptapadi’ ceremony? Is it essential for a valid Hindu marriage?

The Saptapadi ceremony establishes the commitment the couple makes to each other during the Hindu wedding ceremony. Saptapadi quite literally translates from Sanskrit to ‘seven steps’. The couple takes seven full circles, walking clockwise around the ceremonial fire, representing the seven principles and promises they make to each other.

Your marriage is not legally ‘solemnized’ if you do not follow the essential ceremonies followed by either your or your spouse’s communities. There are different customary requirements in different parts of the country – generally, in north India, saptapadi and invocation before the sacred fire are considered essential ceremonies. However, these are not considered essential ceremonies in states like Tamil Nadu and Pondicherry – an exchange of garlands or rings and tying a thali is considered enough.

Saptapadi is therefore not necessary for all marriages. However, where saptapadi is observed as a ceremony, when last step taken around the fire the marriage will be considered complete.

Guide on Registration of Inter-religious Marriages

How can the guide help you?

The Nyaaya Guide on Inter-religious Marriages outlines the process involved if you wish to enter into an inter-religious or inter-faith civil marriage. Under the Special Marriage Act, 1954, two people belonging to different religions can get married without converting to another religion. This guide summarizes the legal and procedural aspects of entering into an inter-religious (special) marriage,  including giving notice of the marriage, performing the marriage, and obtaining the marriage certificate.

What are the laws being discussed in the guide?

The Nyaaya Guide on Inter-religious Marriages  explains the Special Marriage Act, 1954. This Guide only covers the general law based on the Special Marriage Act, and you might have to refer to state-specific Special Marriage rules and procedures for more detailed information suited to your situation.

PROCEDURAL INFORMATION

Things to Remember Before Applying

Who can get married under the Special Marriage law? 

Irrespective of religion, any two people can marry under the Special Marriage Act as long as certain conditions 1 are fulfilled. However, the Act only provides for a marriage between a man and a woman, and has not yet expanded its scope to cover same-sex couples and transgender people.

Recently, the Delhi High Court took up a petition which seeks that the Special Marriage Act (SMA) should apply to all couples regardless of gender identity and sexual orientation. The Court asked the Central government to respond to the petition, filed by members of the lesbian, gay, bisexual and transgender (LGBT) community and activists Abhijit Iyer Mitra, Gopi Shankar M., Giti Thadani and G. Oorvasi. 

Who is eligible to marry under the Special Marriage law? 

  • If you want to get married under this law, then at the time of the marriage you should be:
    • Single or Divorced. You should not be married to another person who is currently alive.
    • Capable of giving consent to the marriage with a sound mind.
    • Fit for marriage. This means you should not be suffering from any mental disorder that prevents you from having children.
    • Of marriageable age. At least twenty-one years of age (if you are a man), or eighteen years of age (if you are a woman).
    • In a relationship which is not prohibited by law. For instance, you cannot marry your own brother, sister, aunt etc. You can see the list of prohibited relationships here.2 
In some cases, despite your relationship being prohibited  by law, your custom might still permit a marriage with another person. In this case, you can get married because your custom allows you to do so.

Where do you go to register an Inter-Religious (Special) Marriage?

To register a special marriage, you should go to the Marriage Officer’s office, found in every district.

STEPS FOR AN INTER-RELIGIOUS (SPECIAL) MARRIAGE

1. Giving Notice of the Marriage

If you want to get married under the Special Marriage Act, you need to give a written notice of the marriage. The notice should be sent to the Marriage Officer of the district where you or the person you want to marry have been living. You should have been living in the district you are giving notice in for at least thirty days before notifying the Officer.

You have to submit documents for registering the marriage. While the required documents vary according to the State/Union Territory, here is a general list of documents you might require:

  • Multiple copies of the signed Marriage Application Form
  • Age Proof (Birth Certificate, Passport, etc.)
  • Address Proof (Ration Card, Passport, Voter ID Card, etc.)
  • Photo Identity Proof (PAN Card, Voter ID Card, etc.)
  • Passport-size photographs of the bride and bridegroom

The marriage must be performed within three months from the date of giving notice to the Marriage Officer, or the notice becomes invalid. After that, no Marriage Officer will conduct the marriage until you give a new notice.3 

2. Publication of the Notice

The Marriage Officer will keep the notice with their office records and enter a true copy in the Marriage Notice Book, which can be inspected by any person at all reasonable times, free of cost.4 The Officer will also publish the notice by attaching a copy of the notice in a clearly visible place in their office.5 

At the time of applying for marriage, if you are not  permanently residing within the district, the Marriage Officer will transfer a copy of the notice to the Marriage Officer of the district where you are permanently residing, and that Marriage Officer will attach a copy of the notice in a clearly visible place in their office.6 

3. Objecting to the Marriage

After a Marriage Officer publishes the marriage notice, any person can object to the intended marriage if it violates any of the conditions for a valid marriage under the Special Marriage Act. The  objection must be made within thirty days of the notice publication.7 

Objection and Inquiry

If a person makes an objection, the Marriage Officer will record the nature of the objection in the Marriage Notice Book, and read it over and explain it to the person making the objection. The person objecting or someone on their behalf must sign the record.8 

If an objection  is made, the Marriage Officer will not perform the marriage until they have inquired into the objection and are convinced that the marriage can be conducted and registered. The Officer should inquire and make their decision within thirty days of the objection.9 

While inquiring into the objection, the Marriage Officer has judicial powers like a civil court for summoning and examining witnesses, asking for documents, etc. The Officer can summon any person within the district to give required evidence.10  

If the Officer believes that the objection is unreasonable and not in good faith, they may impose compensation costs of up to Rupees one thousand on the objecting person, and give the compensation to the couple getting married.11 

4. Upholding Objection

If the Marriage Officer upholds the objection and refuses to perform the marriage, you can appeal to the concerned district court i.e., the court having judicial authority in the district where the Marriage Officer has their office. You should make the appeal within thirty days of the Officer’s refusal. The district court will take the final decision on the appeal, and the Officer will obey the decision of the court.12 

If the marriage is not performed within three months of the court’s decision, the marriage notice becomes invalid, and no Marriage Officer will conduct the marriage and you will have to give a new notice.3 

Examples of objections that have been upheld

  • Bride is below eighteen years of age
  • Bridegroom is already married

5. Performing the Marriage

Before the marriage is performed, you, the person you are marrying, as well as three witnesses, should sign a declaration13 in front of the Marriage Officer. The Officer will also sign the declaration.

You can perform the  marriage at the office of the Marriage Officer. You can also choose to get married at any other place within a reasonable distance from the office. However, for this, you have to pay additional fees. 14 

You can conduct the marriage in any form or religious practice that you wish to follow. For instance, it can be a Hindu religious ceremony or a wedding in a church. However, any special marriage is only complete if you and the person you are marrying say the following statement in front of the Officer and three witnesses:

 “I, (A), take (B), to be my lawful wife (or husband)”. 

This statement can be made in any language you understand.15 

6. The Marriage Certificate

After the marriage has been conducted, the Marriage Officer will enter a certificate in the Marriage Certificate Book.

You, the person you are marrying as well as  three witnesses must sign the marriage certificate. 16 After the Officer enters the  certificate in the Book, this certificate becomes conclusive evidence of the marriage.

The marriage certificate is legal proof of a marriage under the Special Marriage Act, 1954. It confirms that the marriage is valid and has been completed with all formalities under the law.

RESOURCES

Help and Support

Given below are specific State/Union Territory registration websites and related online services for Special Marriages.

State/Union Territory Special Marriage Registration resources
Andaman and Nicobar https://southandaman.nic.in/service/marriage-registration/

https://northmiddle.andaman.nic.in/service/marriage-registration/

https://nicobars.andaman.nic.in/service/marriage-registration/   
Andhra Pradesh http://registration.ap.gov.in/ 
Arunachal Pradesh https://eservice.arunachal.gov.in/resources/homePage/12/services.html 
Assam https://igr.assam.gov.in/ 
Bihar https://www.biharregd.gov.in/ 
Chandigarh http://chdservices.gov.in/

http://chdservices.gov.in/forms/How_do_I%20Do_It_Marriage_ChandigarhAdministration.pdf 
Chhattisgarh https://cgstate.gov.in/obtain-marriage-certificate

https://edistrict.cgstate.gov.in/PACE/instructionPageHome.do?serviceId=3&OWASP_CSRFTOKEN=BMQC-SJHA-6K68-KMRB-W5OF-GOCX-BOL0-PU0K 
Delhi  http://health.delhigovt.nic.in/wps/wcm/connect/DoIT/delhi+govt/community/marriage+certificate+and+registration 
Gujarat https://enagar.gujarat.gov.in/DIGIGOV/ 
Haryana https://saralharyana.gov.in/getServiceDesc.html?serviceId=8220010&state=6&tempId=2448&templStatus=243&backButtonUrl=&grievDefined=0 
Himachal Pradesh http://edistrict.hp.gov.in/ 
Jharkhand https://jharsewa.jharkhand.gov.in/ 
Karnataka https://karunadu.karnataka.gov.in/karigr/Pages/marriage-registration.aspx 
Kerala http://keralaregistration.gov.in/pearlpublic/

https://cr.lsgkerala.gov.in/Content.php?id=D  
Madhya Pradesh https://www.mpenagarpalika.gov.in/irj/portal/anonymous/CitizenServices/MarriageRegistration/qlMarriageRegistration 
Maharashtra https://mregigr.maharashtra.gov.in/autonoticepublic 
Manipur https://www.eservicesmanipur.gov.in/eda/ 
Meghalaya https://megedistrict.gov.in/ 
Nagaland https://kohima.nic.in/service/marriage-certificate/ 
Odisha https://www.ulbodisha.gov.in/or/emun/marriage-dashboard  
Puducherry http://itestweb.in/pdy30/marriage-registration 
Punjab http://edistrict.punjab.gov.in/EDA/Landing.aspx 

https://punjab.gov.in/wp-content/uploads/2020/05/Issuance-of-Marriageability-Certificate.pdf 
Rajasthan https://pehchan.raj.nic.in/pehchan2/MainPage.aspx 
Tamil Nadu https://tnreginet.gov.in/portal/ 
Telangana https://registration.telangana.gov.in/marriageRegistration.htm 
Tripura https://edistrict.tripura.gov.in/# 
Uttar Pradesh https://igrsup.gov.in/igrsup/defaultAction.action 
West Bengal https://rgmwb.gov.in/MARREG_Portal/MARREG_Home.aspx 

Checklists

  1. Check whether you are eligible to marry under the Special Marriage Act, 1954.
  2. Notify the district Marriage Officer about the intended marriage. 
  3. Submit the marriage application form, along with required documents and fees.
  4. Check whether anyone has objected to the marriage. 
  5. Ensure that you have three witnesses to the marriage.
  6. Sign the marriage declaration and ensure that you make the statement: “I, (A), take (B), to be my lawful wife (or husband)” in front of the Marriage Officer.
  7. Get a copy of the Marriage Certificate from the Marriage Officer.

Source of Information

  • Legislation

Special Marriage Act, 1954

  • Legal news articles

Plea to recognise same-sex marriages, Bar and Bench, accessed at https://www.barandbench.com/news/litigation/delhi-high-court-grants-last-opportunity-centre-respond-recognise-same-sex-marriages

  • Nyaaya Daily

5 things you didn’t know about Inter-religious Marriages, accessed at https://nyaaya.redstart.dev/nyaayadaily/5-things-you-didnt-know-about-inter-religious-marriages/  

GLOSSARY TERMS

  • Marriage Officer – A person appointed by the State Government after notification in the Official Gazette. The main duty of a Marriage Officer is to facilitate the marriage registration and provide the certificate of marriage.
  1. Section 4, Special Marriage Act, 1954.[↩]
  2. First Schedule, Special Marriage Act, 1954.[↩]
  3. Section 14, Special Marriage Act, 1954.[↩][↩]
  4. Section 6(1), Special Marriage Act, 1954.[↩]
  5. Section 6(2), Special Marriage Act, 1954.[↩]
  6. Section 6(3), Special Marriage Act, 1954.[↩]
  7. Section 7(1), Special Marriage Act, 1954.[↩]
  8. Section 7(3), Special Marriage Act, 1954.[↩]
  9. Section 8(1), Special Marriage Act, 1954.[↩]
  10. Section 9(1), Special Marriage Act, 1954.[↩]
  11. Section 9(2), Special Marriage Act, 1954.[↩]
  12. Section 8(2), Special Marriage Act, 1954.[↩]
  13. Section 11, Special Marriage Act, 1954.[↩]
  14. Section 12(1), Special Marriage Act, 1954.[↩]
  15. Section 12(2), Special Marriage Act, 1954.[↩]
  16. Section 13(1), Special Marriage Act, 1954.[↩]

Marriage of Children

A child marriage is a marriage between the parties where: 

  • Both people marrying are minors, or 
  • One of them is a child/minor. 

 

For a woman, age of marriage is 18 years.  

For a man, age of marriage is 21 years.

 

Under Muslim personal law, the age of marriage is puberty (15 years of age).  So, if you are below 18 years/21 years respectively and you get married, your marriage is not illegal.  However, you can choose to cancel the marriage under the child marriage law.

Legal Hindu Marriage

For a marriage to be legally recognized as a Hindu marriage, the following conditions must be met:

  • The couple should be seen as Hindus by law.
  • The husband is over 21 and the wife over 18 years of age when the wedding took place.
  • Both husband and wife are of sound mind.
  • Neither husband nor wife can be married at the time of marrying each other.
  • Husband and wife are not in a prohibited relationship.
  • Husband and wife are not sapindas of one another.

If any of these conditions are not met, then the law may not recognize your Hindu marriage as being legal, and in some cases, you might face punishment.

Who can you complain to regarding a grievance under the law?

In case a person has given the notice to have their marriage performed by or in the presence of a Marriage Registrar, and the Registrar has refused to issue a certificate of marriage, one can approach the Court. Those residing in the towns of Mumbai, Kolkata, and Chennai can directly approach their respective High Courts, while those not residing there can approach the District Court.1 

Complaints regarding minor marriages

The Marriage Registrar must wait for 14 days from the date of receiving the notice in order to issue a certificate of receipt of notice, when one party is a minor (below the age of 21 for Christian Marriages). However, in case one cannot wait for 14 days in order to get the certificate, they can file a petition in their respective High Court, to get the certificate of receipt of notice within 14 days of the notice. However, this option is available only to the residents of Kolkata, Mumbai, and Chennai.2

  1. Section 46. Indian Christian Marriage Act, 1872.[↩]
  2. Section 43, Indian Christian Marriage Act, 1872.[↩]

Who can get married under Christian Law?

Any two persons, where one or both participants are Christians, can get married under Christian law.1

In the eyes of law, any person who truly believes in the Christian faith will be a Christian.2

Whether or not they have been baptised into the faith need not determine their status as a Christian. Rather, the law looks at the genuineness of the person’s faith in the religion, to determine whether they are a Christian or not.3

Minimum Age for Marriage

While the law does not prescribe a minimum age for getting married, the law provides for a special procedure for the marriage of minors. For the purposes of Christian Marriage, a minor is anyone below the age of 21, and someone who is not a widow/widower.4

However, the Prohibition of Child Marriage Act makes every marriage involving a child (below 18 years), illegal but voidable at the option of the child.5

In situations where the minor is between 18 to 21 years old, they would require the consent of either their father, guardian, or mother to get married under the law. 6 To know more about the special procedures of marriage of a minor, read our explainer on Marriages of Minors under Christian Law.

Prohibited Marriages under Christian Law

Certain personal laws may absolutely prohibit a person from marrying a certain person, such as marriage between siblings.7 The Christian Marriage law does not allow for such prohibited marriages and such marriages are considered to be invalid under this law.8 However, a person still has the option to marry under the Special Marriage Act, and the impediment of personal laws won’t be applicable for such a marriage. To learn more on special or inter-religious marriages, read our explainer on Inter-Religious Marriage.

  1. Indian Christian Marriage Act, 1872, Section 4.[↩]
  2. Indian Christian Marriage Act, 1872, Section 3.[↩]
  3. Maha Ram v. Emperor AIR 1918 All 168, K.J.B. David v. Nilamoin Devi, AIR 1953 Ori 10.[↩]
  4. Section 3, Indian Christian Marriage Act, 1872.[↩]
  5. Section 3(1), Prohibition of Child Marriage Act, 2006.[↩]
  6. Sections 19 & 44, Indian Christian Marriage Act, 1872.[↩]
  7. Canon 1092, Code of Canon Law.[↩]
  8. Section 88, Indian Christian Marriage Act, 1872.[↩]

What are the schools of Muslim law?

There are various schools of Muslim law. The law on Muslim marriages comes from the interpretation of the Quran by scholars. Thus, most Muslim marriages are guided by customs derived from interpretations followed through generations. The laws and customs that apply to each person following Islam differ based on the sect of the person. Further, different branches of customs have emerged within sects. These branches have specific laws known as “Schools of Law”.1 

 

In India,2 parts of Muslim personal law were written down in 1937 as the Muslim Personal Law (Shariat) Application Act, 1937 as well as the Dissolution of Muslim Marriages Act,1939. These two laws in many ways have led the reforms in family laws. However, Muslim marriages are guided by the Islamic religious precepts. In Islam, there are two sects- Sunni and Shia. Each sect practices different schools of law. This means that depending on the sect, the marriage procedure differs for a bride and a groom.1

  1. Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.28.[↩][↩]
  2. Consultation Paper on Reform of Family Law, Law Commission, available at https://lawcommissionofindia.nic.in/reports/CPonReformFamilyLaw.pdf.[↩]

Prohibition of Child Marriage

Child marriage is an age old practice in India. To address this social issue, the law prohibits people from performing child marriages and lays down punishments for those involved in conducting the marriage. 

 

However, if a child has been married, the law does not immediately make the marriage illegal. The child so married has the option to cancel the marriage or continue the marriage.

 

According to certain personal laws (laws that govern different religions on aspects like marriage, divorce etc.), in India, marriage is allowed after the child has attained puberty. This can happen before the child has turned 18 years (in case of girls) or 21 years of age (in case of boys). On several occasions, Courts have held that such marriages conducted under personal laws would not be illegal. However, the child married under such laws would still have the option to cancel their marriage as per the child marriage law. 

 

However, in certain circumstances, some child marriages are considered to be absolutely illegal. 

Hindu Spouse

If you want to be a Hindu spouse and marry under the Hindu Marriage Act, you have to be one of the following set of persons:

  • Any person who is a Hindu by religion. This includes Veerashaiva, Lingayat or a follower of the Brahmo, Prarthana, or Arya Samaj.
  • Buddhist, Jain or Sikh by religion.
  • Any other person to which the Act applies who is not a Muslim, Christian, Parsi, or Jew by religion.

If you are governed by Hindu law or custom or usage, then you can marry under the Hindu Marriage Act.

Who can perform a Christian Marriage?

The following persons can perform a Christian Marriage under the law:

  1. Any person who has received the ordination from their church to be a priest/minister.1
  2. Any clergyman of the Church of Scotland.2
  3. Any Minister of Religion licensed under the Indian Christian Marriage law to perform marriages.3
  4. A Marriage Registrar appointed under the Indian Christian Marriage Act. The marriage has to take place by the Registrar or in their presence.4
  5. By any person licensed under the Indian Christian Marriage Act to grant certificates of marriage.5

Any marriage performed by a priest, minister or any clergyman of the Church of Scotland will be performed according to the rules, rites, ceremonies, and customs of that particular denomination of church. However, the procedure for marriages will be according to the Indian Christian Marriage Act if conducted by a Minister of Religion, Marriage Registrar or by any person licensed to give certificates under this law. The procedures also differ based on the person performing the marriage. Read more on the procedures here.

  1. Section 5(1), Indian Christian Marriage Act, 1872.[↩]
  2. Section 5(2), Indian Christian Marriage Act, 1872.[↩]
  3. Section 5(3), Indian Christian Marriage Act, 1872.[↩]
  4. Section 5(4), Indian Christian Marriage Act, 1872.[↩]
  5. Section 5(5), Indian Christian Marriage Act, 1872.[↩]

Is Muslim marriage a contract?

Marriage is a contract under Muslim law.1 The contract can be entered into by fulfilling the following conditions:

  • Both the bride and groom must give free consent for the marriage.
  • The couple getting married should be of sound mind and should have attained puberty (usually 15 years).2 
  • A guardian like a parent or sibling can consent on behalf of a minor or someone not of sound mind.
  1. Hasina Bano v. Alam Noor A.I.R 2007 Raj 49.[↩]
  2. Shoukat Hussian and another v. State of Punjab and others [CRWP No.733 of 2021 (O&M)].[↩]

Conducting a Child Marriage

Conducting child marriages is also a crime: 

 

  • Conducting the Marriage: Anyone who performs or helps in performing a child marriage will be committing a crime. 

 

  • Parents/Guardians conducting marriage: If a parent, guardian or any person responsible for a child in any capacity, promotes child marriage or participates in conducting a child marriage, then they will be committing a crime. Attending or participating in a child marriage is also a crime. 

 

Anyone who is convicted of committing these crimes will be punished with rigorous imprisonment for two years along with a fine of one lakh rupees. 

 

All offences under this law are cognizable and non-bailable, which means that the police can arrest you without a warrant and bail will not be granted to you as a matter of right. 

 

Minimum Age for Hindu Marriage

The minimum age for a marriage under Hindu law is:

  • the groom must have been over 21 years of age and
  • the bride must have been over 18 years of age

The punishment for not adhering to this requirement is simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees.

If either one of the parties is not of marriageable age, the marriage is considered a child marriage and is a voidable marriage.

What are Irregular Christian Marriages?

Irregular marriages are those marriages where certain conditions are not followed. Usually, such marriages are considered to be invalid from the start; however, the law states that in case there are irregularities, the marriage will not be invalidated, rather it will be rectified.1 Given below are some of the reasons for which a marriage may be irregular. Some of these errors may happen:

  • In any statement regarding the place of residence of the persons married
  • In any manner of consent given by a person whose consent to such marriage is required by law.
  • In the notice of the marriage.
  • In the certificate.
  • In the time and place at which the marriage took place. 
  • In the registration of the marriage.1

 

  1. Section 77, Indian Christian Marriage Act, 1872.[↩][↩]

What is the proposal and acceptance requirement for Muslim marriage?

There should be a proposal of marriage made by or on behalf of one of the parties and the other party has to accept this proposal. Both the bride and groom have to say Ejab e Qubool (Qubool hai), which means “I agree”.

 

This has to be said out of their own will and explicitly during the ceremony. The proposal and the acceptance should be made at one meeting, meaning, a proposal made at one meeting and an acceptance made at another meeting will not constitute a valid marriage.1

  1. Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.331.[↩]

Parental Responsibility of their Child’s Marriage

In most crimes, the responsibility to prove the guilt lies on the public prosecutor, an advocate for the State. However, under this law, if a child marriage has taken place, then it will be presumed that the parent or guardian responsible for the child failed to prevent the child marriage from taking place. 

 

It is important to note that women cannot be punished with imprisonment under this law, and can only be fined. 

Relationship Status and Hindu Marriage Law

At the time of marriage, you should not have a married spouse who has not divorced his previous spouse. If you are a divorcée you can enter into a marriage again only if your divorce is complete.

Neither party should have a spouse living at the time of the marriage. You can file a civil injunction to try to stop your spouse from getting married to someone else.

If your spouse is still alive, it is a crime to be married to another person. Your first spouse can file a criminal case against you. This is an act of bigamy. This is not an easy process because the first spouse will have to produce concrete proof –  even another child being born out of the second marriage is not enough.

If this is proven, you might go to jail for up to 10 years and also have to pay a fine.