Marriage in Indian Family Law for CLAT - Practice Questions & MCQ

• Marriage is a fundamental institution in Indian society, governed by a combination of personal laws based on religion, customary practices, and civil laws. 
• It is a legally recognized union between two individuals that entails certain rights and responsibilities. 

Marriage in Indian Family Law includes: 

1. Hindu Marriage:

• Hindu marriages are governed by the Hindu Marriage Act, 1955. They typically involve rituals and ceremonies according to Hindu customs and traditions.
• Examples of Hindu marriage rituals include the exchange of garlands (varmala), taking the seven vows (saptapadi), and applying sindoor (vermilion) to the bride's hair parting.

2. Muslim Marriage:

• Muslim marriages are regulated by Muslim personal laws. A Nikah ceremony is common, where the bride and groom, along with witnesses, consent to the marriage terms.
• In Islamic tradition, the Mahr or mehr (dower) is a significant part of the marriage contract, representing the financial security of the bride.

3. Christian Marriage:

• Christian marriages are governed by the Indian Christian Marriage Act, 1872. They typically occur in churches and involve religious ceremonies.
• The exchange of vows and rings is a common practice in Christian weddings, and a priest officiates the marriage.

4. Sikh Marriage:

• Sikh marriages are conducted in Gurudwaras and are governed by the Anand Marriage Act, 1909.
• The Anand Karaj ceremony is a central part of Sikh weddings, involving the reading of hymns and the tying of a ceremonial knot.

5. Special Marriage:

• The Special Marriage Act, 1954, allows individuals from different religions or those opting for a civil marriage to register their marriage without religious ceremonies.
• A notice of intended marriage must be given to the Marriage Registrar, and the marriage can be solemnized after a 30-day notice period.

Legal Requirements for Marriage:

• Age: Indian law sets the legal marriageable age at 18 for females and 21 for males. Marriages below these ages are considered child marriages and are illegal.
• Consent: Consent is a fundamental requirement for a valid marriage. Both parties must willingly agree to the marriage, and forced or coerced marriages are prohibited.
• Monogamy: In most personal laws, monogamy is the norm, meaning a person can be married to only one spouse at a time. Bigamy, the act of marrying another person while already married, is a punishable offense.
• Prohibited Degrees: Marriages between close blood relatives are prohibited to prevent incestuous relationships. Each personal law defines the specific prohibited degrees of kinship.
• Registration: While registration of marriage is not mandatory in all states, it is advisable as it serves as legal proof of marriage. In some cases, registration can be done under the respective marriage acts, or through the Special Marriage Act.

Constitutional Provisions:

• Article 21 of the Indian Constitution: This article recognizes the right to marry as a fundamental right, subject to the conditions prescribed by personal laws.
• Article 44 of the Indian Constitution: Article 44 promotes the idea of a Uniform Civil Code (UCC), aiming to bring about a common set of laws for all citizens irrespective of their religion, including matters related to marriage.

Case Law Example : Sarla Mudgal v. Union of India (1995)

Background:

• The case dealt with the issue of bigamy under Hindu personal laws and raised questions about the need for a Uniform Civil Code (UCC) in India.

Key Issues:

Bigamy under Hindu Personal Laws:

• The primary issue was whether a Hindu husband, after converting to another religion, could marry another woman while his first marriage under Hindu law was still subsisting.
• The question was whether such an act amounted to bigamy and was punishable under Indian law.

Uniform Civil Code (UCC): Article 44A

• The case also raised questions about the necessity of a Uniform Civil Code in India, which would provide a common set of civil laws governing personal matters for all citizens, irrespective of their religion.
• The petitioners argued that a UCC would eliminate disparities and ensure equal treatment under the law.

Key Arguments and Findings:

• The Supreme Court ruled that a Hindu husband's conversion to another religion did not dissolve his earlier Hindu marriage. Marrying another woman while the first marriage was still subsisting amounted to bigamy.
• The court emphasized the need for a Uniform Civil Code in India, highlighting its potential to achieve gender justice, equality, and social cohesion by harmonizing personal laws across religious communities.
• The judgment called on the Indian government to take steps to secure a Uniform Civil Code, which would require legislative action.

Impact:

• Clarification of Bigamy: The case clarified the legal position on bigamy under Hindu personal laws, preventing individuals from exploiting religious conversions to practice bigamy.
• Advocacy for a UCC: The case underscored the importance of a Uniform Civil Code to establish uniform and equitable laws for all citizens, regardless of their religious backgrounds.
• Initiated Debates: The case sparked discussions and debates on the feasibility and desirability of a Uniform Civil Code in India, making it a subject of ongoing legal and political discourse.