FAMILY LAW-I

MARRIAGE
 Evolution of Institution of marriage
The men and women of ancient times lived in a nomadic lifestyle. They didn’t spend their lives
looking to find marriage or companionship. However, the society became an agricultural
oriented one with time, following that shift in culture and way of life.

The sense of true self and ownership eventually became crucial to humanity. Sexual activity and
having a progeny had nothing to do with parentage, as it was hard to ascertain the child’s
paternity due to lack of legislation. But the need for boundary arose, with changing times.
Ownership and possession became significant because it gave a sense of security.
After that, there was a need to ascertain the paternity which would require an exclusive relationship
between the man and woman. The men ‘s goal in society became to track down their seeds of life
and, consequently, created the need for marriage institutions.
Men and women then started living together, procreating and having their bloodline and instilling,
among many other values, not only ancestry but also a sense of responsibility and unity. Marriage
now plays an extremely vital part of the life of a person. The concept itself has become more
individualistic in modern times, but it upholds a sense of stability and companionship in life since its
inception.
It also instills the feeling of being. This marriage institution limits itself not only as an agreement
and contract between man and woman but also as a social institution for the couple to live in a
society with specific values and behaviour.

Definition of Marriage
Several scholars have defined marriage in their several distinct ways. These are the perspective
of some of these:

According to a sociologist named H.T Mazumdar “marriage is a socially sanctioned union for a
male and female to establish (a) household (b) sexual relations (c) procreation and (d) care of
offspring.”
George Andrew Lunderberg said it was to ensure that each party, the man and the woman,
should know their right and also their marriage duties and responsibilities. He treated the
marriage institution more like a means or method of providing man and wife with rules and
regulations.
In Shobha Rani v. Madhukar Reddi the Indian courts have defined marriage in which the need
for such an institution was more crucial as marriage also has its legal implications. It helps to
ascertain different aspects of conflicts and protect a child’s rights. Besides, a union also illustrates
cultural values and ideologies and also helps to safeguard it.
There is one commonality, according to various other scholars, where it is observed that
marriage failure and instability in the union could be causing financial stress. It could also be
called one of the major contributors to poverty, a hunger which ultimately leads to robbery.
 Marriage under Hindu Law
Hindu contains a very diverse range of people in it. It’s like a bigger umbrella with a wide range. It
is followed by millions of people but has no unique faith or deity. It encompasses a diversity of
followers. It is an Indian Personal Law. Where personal life matters and shortcomings can be
resolved through them. Hindu law in India includes wedlock, guardianship, divorce, maintenance,
and much more.

Hinduism isn’t like Islam or Christianity. It’s more of a way that one leads one ‘s life. Hinduism is
like cultural identity and not religion.
Despite technically being non-Hindus, all Sikhs, Jains and Buddhists are included under the
definition of Hindu under the 1955 Hindu Marriage Act. Section 1 of the Act signifies that all
Hindus in the Indian union, including Jammu and Kashmir, are subject to the application of this
Act. That will include those Hindus who not residing in India as well.
In India, the marriage concept explores a much fuller insight. It doesn’t just involve the idea of
marriage. But that is seen as a sacrosanct entity. It is an integral part of Hindu cultures and
traditions. It is a part of the Indian ‘Sanskaar.’ A matter of two families and individuals being
united in holy union.
Indus Civilization
The marriages between man and wife were matrilocal during the civilisation of the
Indus Valley. Meaning it was a matriarchal society where, after getting married, the
man would live next to the house of the women’s parents. Their off-springs would live
there, too. A whole clan of female descendants would thus be living together.
Cross-Culture
In the year 2011, there was a discovery where it was observed that there have been
people who also had marital relations during the Harappa Civilization. The people of
Harappa provided the Chalcolithic people with finished goods which is another
modern civilization. Marriages existed between two civilizations.
Polygamy and Polyandry
There is enough evidence to reflect that plural marriage or polygamy (how we know it
in common parlance), and polyandry relationships existed in those eras. A reflection of
that can be seen in the religious texts such as the Mahabharat where five Pandavas
were married to ‘Draupadi. The principle was based on the idea that if the woman of
the family or wife were unable or unable to perform the religious rites and
ceremonies, then the husband or man was entitled to re-marry another woman.
However, with the passage time, this was also replaced. Polygamy and Polyandry
practices lost their significance and Monogamy came into force. Monogamy was given
preference later since the union of two people was now considered holy and spiritual
in mature. Hence it became high in virtue.
Roots of Patriarchal norms
This patriarchy found its roots from the Vedic period. Women were considered
property during this time and became men ‘s responsibility. Women have begun to
lose their independence and their rights as an independent individual have now been
placed upon the shoulder of patriarchy. Moreover, the men know where those who
were thought capable of assuming responsibility were.
Women were now either their father’s responsibility until marriage, and after
marriage, they became their husband’s responsibility.
Marriage Rituals
The rituals of the marriage were to be conducted and blessed by a Vedic priest. This
holy sacrament then wove the man and the woman in holy matrimony. After this, the
family life of the women and men would begin. Following which they have offspring
for their for their family. Thus, this is how society evolved from ancient times to the
present scenario. It shifted from an unregulated society to a modern society where
monogamous marriages have prevalence.

The ceremony of the marriage itself is quite a long and tedious process. It includes
several cultures and traditions which are performed by both the families i.e., the
grooms and the bride’s family. This is a celebration in Hindu culture, which is shared
with family , friends and neighbours.
Core principles of Hindu’s life
1. A man who has renounced the world for taking up renunciation. This man should
get married and lead a family life. It is the Dharm meaning it is his responsibility to get
married and live that life.
2. The man’s life has been divided into four stages. i.e. Bramhacharya, Grishasta,
Vanaspratha, Sannyasa. Out of all the stages, the Grishasta which means home and
family includes the stage where a man is expected to get married and live a family life.
He is also supposed to do it as a matter of dharma. The concept of marriage was first
discovered in Smritis and Vedas.
3. If one is married under the Hindu tradition it is expected of the man and woman to
lead their entire life together and to be only devoted to each other. This also reflects
the value that the marriage is not just a contract but a sacred and holy union of two
souls.
 4. Furthermore, it is also believed that marriage is supposed to last even afterlife and
for the next seven births of the couple. The concept of divorce is a modern tradition
included in the Hindu Marriage Act.

5. According to the Act, marriage can take place between two adults and the man
should be the age of 21 years old and the woman can be 18 years or above. The
concept of child marriages has prohibited and so is the concept of polygamy.

6. In Hindus, the woman is considered a holy and sacred whose role in the marriage is
to take up household chores and live a simple and decent life. Furthermore, she is
expected to live her life with her husband and his parents. And to enjoy the care and
protection of her husband.
Caste System
The Hindu’s have been divided into many castes. Law of Manu includes for major categories:
1. Brahmins
2. Ksthariyas
3. Vaishayas
4. Shudras
Marriage is allowed within one’s caste and marriage in the caste system is usually not
accepted. According to Manu, to produce legitimate offsprings, a man should marry within
the next lower caste itself. This caste system has been prevailing since time immemorial and
is still pretty relevant and adhered to by the Hindus in Modern India also.
Conclusion
With the passage of time and the changing society, the laws and rules within the
Hindu culture have witnessed several changes and evolution. From being nomadic to
living a family life after the union of two souls of marriage. The Hindu Marriage Act
1955 also includes provisions related to divorce. Hence, the concept of non-
dissolution does not hold any prevalence in current times.

The marriage amongst the Hindu community is governed by two laws in India namely;
Hindu Marriage Act and Special Marriage Act under a circumstance where a Hindu
marries a Non-Hindu. These laws protect the interest and rights of the person and
help them live a peaceful, happy life.
 Concept of Marriage under Hindu Law
Introduction
Hindu marriage harmonizes two individuals for ultimate eternity so that they can
pursue dharma, arth, and karma. It is a union of two individuals as spouses and is
recognized by livable continuity. In Hinduism, marriage is followed by traditional
rituals for consummation.

As a part of the Hindu code bill, the Hindu Marriage Act was enacted by parliament in
1955 to amend and to codify marriage law between Hindus and Became on 18th May
1955. It gives meaning to marriage, cohabiting rights for both the bride and groom,
and satisfy for their family and children so that they do not suffer from their parental
issues.
Hindu marriage refers to ‘kanyadan’, which means gifting a girl to the boy by the
father with all the tradition and rites or custom. Hindu marriage is an ancient tradition
which is prevailing form the Vedic period to the modern world with a different
modification that has occurred until now. There are 16 sacraments in the Shastra
humanism in which marriage is one of the important rituals of Hinduism.
It is not only considered as sacred, but it is also a holy union. The main objective of
marriage is to enable a woman and a man to perform their religious duties. Along with
this, they also have to beget progeny. Based on ancient writings, a woman is
considered half of her husband and thus completes him. At the same time, a man is
also regarded as incomplete without a woman.
For a long period, Hindu marriage rites have been changed accordingly due to the needs and
convenience of the people from time to time. It is the relationship between husband and
wife. According to Hinduism, this sacrament is one of the most important sacraments out of
16 sacraments in Hinduism. It is a sacred tie that can’t be broken. It is a relationship from
birth to birth, it is a bond which continues after rebirth and death. According to Veda, a man
is incomplete until he gets married and meets with his partner.
A. Who is a Hindu?
1. Hindu by Religion
The Medieval period of Hinduism lasted from 500 to 1500 AD. Hinduism is the oldest religion
which contains a wide range of tradition and culture which are followed by all the Hindus
across the globe. Any person who is a Hindu by religion or born in Hindu family with Hindu
father or mother in any of
its forms such as Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Semaj
or any person who is a Buddhist, Jain, or Sikh is also a Hindu by religion. Thus, any person
except a follower of Muslim, Christen, Parsi, or Jew religion is a Hindu.
2. Hindu by Birth
Any person born in a Hindu family or has a Hindu father or mother such a person is
considered as a Hindu by birth. Any person born in any community apart from Muslim,
Christian, and Jews is also a Hindu. Any child, legitimate or illegitimate if either of his parents
is Hindu if he is brought up by the parent who is Hindu shall be considered as Hindu by birth.
Mahatma Gandhi believed that the word “Hindus” didn’t originate from Vedas but when the
Greeks invaded India and started using the same for the country and people living beyond
the Indus River. This belief is well established by many historians and is widely accepted
among the academicians.
B. Marriage as Sacrament
Marriage is one of the most important of all Samskaras under the Girah Sutras.
Among the Hindu, the marriage was considered as a sacrament. In Hinduism, the
ultimate goal of human life is to attain Moksha. Marriage was meant for doing a good
deed and for the attainment of Moksha. It was obligatory for every Hindu through
which his well-conducted life progresses to its appointed end.

In ancient times, there was no need for the girls’ consent. Fathers have to decide the
boy without asking for her advice or consent. It is the sole duty of the father to find a
suitable boy.
Therefore, Religious sacrament in which a man and a woman are bound in a
permanent relationship for the physical, social, and spiritual purposes of dharma,
procreation, and sexual pleasure.” The Vedas hold marriage to be one of the
important sacraments sanctifying the body. That is why marriage is given great
importance by the Hindus. It is said, a man who does not win a wife is really half, and
he is not the full man as long as he does not beget an offspring.

The Hindu Marriage Act a marriage of a minor or unsound person is voidable and not
void. So, although consent is necessary for the absence of consent, marriage becomes
merely voidable and party to the marriage can treat their marriage as a valid marriage.
Hindu marriage is not purely a contract.
Moreover, in the case of Tikait v. Basant, the court held that marriage under Hindu
law was a sacrament, an indissoluble union of flesh, bone which is to be continued
even in the next world.

In the case of Shivonandh v. Bhagwanthumma, the court observed that the

sacraments marriage among Hindus has three main characteristics:
1. It is a permanent union.
2. It is an eternal union.
3. It is a holy or sacrosanct union.
C. Marriage as a Contract
A Hindu marriage cannot take place without the performance of sacred rites. But after
the enactment of the Hindu Marriage Act, 1955 Hindu marriage is no longer a
sacrament but it is a contract.

The nature of modern marriage is contractual. Thus, it accepts the idea of equality and
liberty. It has been adopted due to western Ideas. There must be an agreement of
voluntarily entering into it by both parties. Thus, the Hindu marriage is not a contract
and neither is it a sacrament. But it can be said it is a semblance of both.
The first fundamental of sacrament marriage has been affected by section 13 of
the Hindu Marriage Act, 1955 for Hindu marriage can be dissolved on certain
specified grounds. And the Widow Remarriage Act, 1856 also affected the
sacramental marriage.

Section 5 and 12 of the Hindu Marriage Act, are the pertinent provisions to determine
whether Hindu marriage is sacrament or contract. Clause 2 of section 5 of the Hindu
Marriage Act deals with the mental capacity of the parties. It says that neither party to
the marriage must be incapable of giving a valid consent in consequence of
unsoundness of mind. Further clause 3 of section 5 enumerates that the bridegroom
has completed the age of twenty-one years and the bride, the age of eighteen years
at the time of the marriage.
Moreover, in the case of Bhagwati Seran Singh v. Parmeshwari Nandar Singh, the
court held that Hindu marriage is not only a sacrament but also a contract.
In the case of Anjona Dasi v. Ghose, Court observed that the marriage, whatever else
it is, sacrament and institution, is undoubtedly a contract entered into for
consideration with correlative rights and duties.

In most of the Hindu marriage, a religious ceremony is still the sine qua non. Viewed
from side one may conclude that Hindu marriage has not remained purely a sacrament
and at the same time, it has become complete a contract.
Conclusion
The concept of Hindu marriage is all about marriage as sacrament or contract. So, it
can be concluded that though Hindu marriage has some of the elements of a contract
but it is not purely a contract. It is more of a sacrament as Hindu marriage is a holy and
eternal union of two bodies.
According to Manu, husband and wife are united to each other not merely in this life
but even after death, in the other world. The rule is that “once is a maiden given in
marriage, a true wife must preserve her chastity as much after as before her
husband’s death”.
 Divorce and Theories of Divorce
Introduction
Prior to the Hindu Marriage Act, 1955 marriage was regarded as indissoluble union of
husband and wife. Manu has declared that a wife cannot be released from her
husband either by sale or by abandonment, implying that the marital tie cannot be
severed in any way. Therefore, the ancient Hindu Law does not recognise divorce.

The present Act i.e., has introduced vital and dynamic changes in the Hindu Law of
Marriage and divorce. It has laid down clear provisions regarding Divorce under certain
circumstances.  Divorce is laid down under sections 13, 13-B, 14 and 15 of the Act.
Section 13 deals with the circumstances in which the right to divorce accrues. Section
14 limits the right to obtain a divorce by laying down that divorce petition may not be
made within one year of the date of marriage except when the case is of exceptional
hardship to the petitioner or of
exceptional depravity on the part of the respondent. Section 15 lays down the
limitations on the right of divorced persons to marry again.
Theories of Divorce
1. Divorce at Will Theory.
2. Frustration of Marriage Theory.
3. Offence or Guilt or Fault Theory.
4. Mutual Consent Theory.
5. Irretrievable Breakdown Theory.
1. Divorce at Will Theory
This theory is not recognized under the Hindu Law. According to this theory one can
divorce one’s spouse anytime when that person wants to do so. This is a very well-
known theory in Muslim Law
2. Frustration of Marriage Theory.
If the marriage is being frustrated without there being any marital offence where one
of the spouses is suffering from any physical ailment or mental unsoundness of mind,
or changed his religion or has renounced the world or has disappeared for a very long
period. In such a case the other spouse should be free to put an end to the marriage
by getting divorce. The grounds mentioned in this theory has been supported by the
HINDU MARREAGE ACT, 1955 as the valid grounds of seeking divorce.
3. Offence or Guilt or Fault Theory
According to this theory, the spouse can seek the divorce from the other spouse if he
or she is found in fault of committing a matrimonial offence. The expression
matrimonial offence, includes (1) adultery (2) desertion (3) cruelty (4) Rape (5) sodomy
(6) Bestiality (7) Refusal to obey court’s order to pay maintenance to the wife (8)
Marrying an underage person. This implies that there should be personal injury to the
marital relations of the spouses. This theory implies that one party is guilty and the
other is innocent. But if the aggrieved party condones the act of the guilty party, no
divorce can be granted.
According to the English Law of Doctrine of Recrimination, if both the parties
independent of one another have committed matrimonial offence the marriage
should not be dissolved. The guilt theory is criticized on the basis that it recognizes
divorce only on certain (above mentioned) grounds. Some more grounds are
recognized which led to the renaming of guilt theory as fault theory. The grounds like
insanity and epilepsy are added to the list. Thus, if one of the parties has some fault in
him or her, marriage could be dissolved whether that fault is his or her deliberate or
unintentional act.

Further, the Marriage Laws (Amendment) Act, 1976 has made a radical amendment
and grounds of divorce are increased and some special grounds for divorce are given
to the wife.
4. Mutual Consent Theory
Divorce by mutual consent means that the case is not like usual ones wherein one
party petitions against the other for divorce and the other party resists the same.
Here both the parties make a joint petition to the court for divorce between them.
They genuinely desire to get rid of each other and they part amicably for good. If
divorce is not given their life would be spoiled and it would result in moral
degradation. If divorce by mutual consent is given the parties will not wash their dirty
linen in public.

There are unfounded objections against this type of divorce that consent of the
unwilling party would be obtained by force, fraud or some other contrivance, and this
is a divorce by collusion. But both these arguments and doubts are unfounded. Every
Conclusion is no doubt by consent
but every consent does not mean collusion. Collusion is a secret agreement for a
fraudulent purpose, it is a secret agreement by two or more persons to obtain an
unlawful object. Collusion is different from compulsion. Compulsion occurs when one
party can dominate the will of the other.
The Hindu Marriage Act now permits divorce by mutual consent under Section 13B.
One may well say that from an unbreakable bondage under the Smritis, a Hindu
Marriage has been transferred under the Hindu Marriage Act into a consensual union
between one man and one woman. Everything static must drop and die and ideas of
marriage and divorce are no exception.
5. Irretrievable Breakdown Theory
A marriage is a union of husband and wife for the whole life, but it may happen that
their relations might be strained and they would like to live away from each other. It is
to be remembered that owing to their sexual relations, interdependence and social
censure it is difficult for them to live without each other for a long time. Therefore
there must be some stronger reason for them to live apart and get divorce. There
should be complete absence of emotional attachment between them and there must
develop intense hatred and acrimony between them, so much so, that their marriage
is only in name, a dead one or like a shell sans substance. It is now beyond the hope of
salvage. It is therefore an irretrievable breakdown of marriage.
The breakdown of marriage is defined as “such failure in the matrimonial relationship
or circumstances so adverse to that relation that no reasonable probability remains
for the spouses to live together as husband and wife.” If a marriage has broken down
beyond all possibilities of repair, then it should be brought to an end, without looking
into the causes of breakdown and without fixing any responsibility on either party.
Such marriage should be dissolved, even if one of the parties to the marriage does not
desire it. The empty shell is to be destroyed with the maximum fairness and minimum
bitterness, distress and humiliation.
In Yousuf v. Sowramina, the learned judge said, “While there is no rose which has no
thorns but if what you hold is all thorn and no rose, better throw it away. The ground
for divorce is not conjugal guilt but breakdown of marriage.” In some countries
grounds like “incompatibility of temperament”, “profound and lasting disruption”, etc.
have been added which helped in
claiming divorce under the breakdown theory. Sometimes the determination of the
question whether in fact a marriage has broken down or not is left to the courts. At
other times, the legislature lays down the criterion of breakdown of a marriage and if
that is established, the courts have no option but to dissolve the marriage.
The Law Commission of India in its Seventy first Report (Reforms of the Grounds for
Divorce) has said that it is good to give a de jure recognition to what exists de facto. It
is not a relevant consideration to for granting divorce on the ground of irretrievable
breakdown as to which the party played the villains role leading to such breakdown.
Hence, section 23 (1) (a) will not apply to such a petition.
The Jorden Diengdeh case is the first case wherein the Supreme Court made
recommendations to make irretrievable breakdown of marriage as a ground for
divorce. From this case upto Naveen Kohli case, in a number of cases such
recommendations was reiterated.
Therefore, granting of divorce under this theory totally depends upon the
circumstances and the relationship between the two spouses.
 Concept and forms of Marriage
The concept of marriage is to constitute relationship of husband and wife. According
to ancient Hindu law, marriage is the last of ten sacraments and is a sacred tie which
can never be broken. It is a relation established by birth to birth. According to
Smritikars even death cannot break this relation of husband and wife which is not only
sacred and religious but is a holy union also.

The object of marriage was to enable a man and a woman perform religious duties and
to beget progeny. According to ancient writers a man was incomplete without a
woman and a woman is half of her husband (ardhangini) and completes him.
Every Hindu male or female had to marry. Where a person could not remain a
perpetual student or where he did not desire to be an ascetic (sanyasi), he was
enjoined by the shastra to marry. Marriage, therefore was as good as compulsory and
more so in case of a female.
Marriage: Sacrament or Contract
Marriage being one of the essential Samskaras is sacramental in nature. The
sacramental nature of marriage has three characteristics:
1. It is a permanent union i.e. once tied cannot be untied.
2. It is an eternal union i.e. valid not only in this life but in lives to come.
3. It is a holy union i.e. performance of religious ceremonies is essential.
Since Hindu marriage was considered to be sacrament, the consent of the parties did
not occupy any important place. Thus the person married may be a minor or even of
unsound mind, if the marriage is duly solemnized there is valid marriage. Under the
Contract Act, the contract of a
minor or of a person of unsound mind is void. Further, Section 12 of Hindu Marriage Act does
lay down that a marriage is voidable if consent is obtained by fraud or force, but it is not laid
down that if one’s consent was not obtained the marriage is voidable. This shows that
despite the fact that a party is able to prove the absence of consenting mind, the marriage
will continue to remain valid.
The modern concept of marriage is contractual in nature. It receives the ideals of liberty and
equality (free volition of individuals). Today, it is an established notion of the west that
marriage, to be effective, must be an agreement voluntarily entered into by both parties.
In the light of modern concept of marriage could we say that Hindu marriage continues to be
sacrament? By recognising the divorce and widow remarriage the first two characteristics of
sacramental marriage have been waived. However, the third characteristic is still retained.
To sum up the Hindu marriage has not remained a sacrament and has also not become a
contract, but it has a semblance of both.
 Forms of Marriages
The ancient Hindu law recognised three forms of Shastric marriages as regular and
valid. These were Brahma (bride given gift by father), Gandharva (mutual agreement
of bride and bridegroom) and Asura (bride virtually sold by the father). The first and
the third are arranged marriage whereas the second one is love marriage.

Forms of marriages in modern Hindu law: The Hindu marriage Act, 1955, does not
specially provide for any forms of marriage. The Act calls marriage solemnized under
the Act as Hindu marriage which may be performed in accordance with shastric rites
and ceremonies or in accordance with the customary ceremonies prevalent in the
community to which bride or bridegroom belongs. However, it does not mean that a
marriage cannot take any of the aforesaid forms now. Marriage can still be entered
into in anyone of the three forms.
Looking at from another aspect in Hindu society there are mainly two
forms of marriages: arranged marriages and love marriages. Most Hindu
marriages are still arranged marriages. An arranged marriage may be
either in the form of Brahma marriage or in the form of Asura marriage.
Among the Sudras, the Asura form of marriage is very common. Among
the high-class Hindus, the Brahma form of marriage is common.
The Gandharva form of marriage is fast becoming popular among the
younger generation.
Ceremonies
Marriage among Hindus being a religious and sacred tie, performance
of certain ceremonies is still necessary for a valid marriage. There were
three important stages wherein certain ceremonies were to be
performed. They were:
1. Betrothal: it is a formal promise to give the girl in marriage.

2. Kanyadan: It is actual giving away of the girl in marriage by her father.

3. Saptapadi: it consisted in performing a ceremony of taking seven steps before the

sacred fire by the bride and the groom. The performance of Saptapadi marked the
completion of a marriage. It made the marriage irrevocable.

As per Section 7, a marriage is a ceremonial affair. Saptapadi is an essential part of the

ceremonies of marriage, its non-performance will invalidate the marriage. The
performance of vedic rights is not enough to solemnise the marriage.
Customary ceremonies may not include any one of the Shastric ceremonies including
Saptapadi. It may be totally non-religious ceremony or it may be very simple ceremony.
For instance, among santhals smearing of vermilion by bridegroom on the forehead of
the bride is the only essential ceremony.
Necessary ceremonies, shastric or customary, whichever are prevalent on the side of
the bride or bridegroom, must be performed otherwise marriage will not be valid. No
one can innovate new ceremonies and a marriage performed with the innovated
ceremonies and rites is invalid. Hindu Marriage Act allows inter-caste marriages. But
marriage between a Hindu and a Non-Hindu is not permissible under Hindu Marriage
Act and such a marriage if performed in India, will be invalid. But foreign country such
marriage is valid in India, if performed under the Special Marriage Act, 1954.
 Conditions for the validity of Marriage
( Sections 3 and 5)
A marriage may be solemnised between any two Hindus, if the following conditions are
fulfilled, namely:–
1. Neither party has a spouse living at the time of the marriage;
2. At the time of the marriage, neither party:
a. Is incapable of giving a valid consent to in consequences 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. The bridegroom has completed the age of twenty one (21) years and the bride the age of
eighteen years at the time of marriage.
4. The parties are not within the degrees of prohibited relationship unless the custom
or usage governing each of them permits of a marriage between the two;

5. The parties are not sapindas of each other, unless the custom or usage governing
each of them permits of a marriage between the two.
 Essential Conditions of Valid Hindu
Marriage
Introduction
Parties must be Hindus under Section 2(3) of Hindu Marriage Act. According to this
section both the parties to the marriage under the Act must be Hindus. If one of them
is a Hindu and the other a non Hindu or both are Non Hindus, the marriage will not be
a subject matter of this Act but will relate to some other law i.e. Special Marriage Act
etc. The essential conditions of valid Marriage are given and discussed below.

Section 5
Clause (i) – Condition of monogamy
This condition implies monogamy and prohibits bigamy or polygamy. The expression
“neither party has a spouse living” depicts that the spouse must not be alive at the
time of marriage. If the spouse is alive at the time of marriage that could bar the
remarriage of a person. However,
one must note that the first marriage of a person should be a legally valid marriage. In
spite of one’s valid marriage if the person remarries in violation of Section 5(i), the
second marriage will be null and void and he will be subjected to penal consequences.
The Scheduled Tribes are exempted from the application of the Act. But there must
be a proved custom to this effect.
Bigamy – Section 5 (i)
Section 5(i) prohibits bigamy or polygamy. Section 11 makes a bigamous marriage void
and Section 17 makes it a penal offence for both Hindu males and females under
Section 494 and 495 of IPC. The offence of bigamy is committed only if the required
ceremonies of marriage are performed. The second marriage cannot be taken to be
proved by the mere admission of the parties; essential ceremonies and rites must be
proved to have taken place. In the case of a bigamous marriage, the “second wife” has
no status of wife.
Clause (ii) – Condition regarding mental health or capacity

Sub clause (a) requires that at the time of marriage neither party is incapable of giving
a valid consent to marriage due to unsoundness of mind.

Sub clause (b) – Mental disorder: According to sub-clause (b) at the time of marriage
neither party to marriage should be suffering from a mental disorder of such nature
and to such a degree as to be unfit for two purposes (i) marriage and (ii) procreation
of child. In Tarlochan Singh v. Jit Kaur, the court held the marriage void on the
ground that wife was suffering from schizophrenia within short period after marriage
and the disease was not disclosed to the husband before marriage.
Sub clause (c) – Recurrent attacks of insanity: If a person has been subject to recurrent
attacks of insanity he is also not qualified for marriage under Hindu Marriage Act. He
cannot marry even during a lucid period.
Post marriage mental illness: If a party to a marriage is not suffering from any mental
defect described under section 5(ii) but falls ill mentally after the marriage, there is no
violation of this condition.
Clause (iii) – Condition of marriageable age
According to this clause, at the time of marriage the bride must have completed the
age of 18 years and the bridegroom of 21 years. Thus a child marriage is prohibited
under The Hindu Marriage Act. However, violation of this condition does not make the
marriage void or voidable.
It means that it is valid though it may attract penalties. But it can become a valid
ground for repudiation of the marriage. The Hindu Marriage Act and the Child
Marriage Restraint Act provide for punishment for such marriage.

According to Section 18 of Hindu Marriage Act, anyone who procures a marriage for
himself or herself in contravention of Section 5(iii) may be punished with rigorous
imprisonment of 2 years and with a fine upto Rs. 100000 or with both. Under the Child
Marriage Restraint Act, 1929, a male above the age of 25 years marrying a girl below
15 years is punishable with upto 3 months imprisonment and is also liable to fine. The
Child Marriage Restraint (Amendment) Act 1978 has also raised the age of marriage of
girl to eighteen.

Clause (iv) – Avoidance of degrees of prohibited relationship

The parties to the marriage must not fall within the degree of prohibited relationship. This
relationship is defined under Section 3(g) of the Act. According to Section 3(g)
“degree of prohibited relationship” means when two persons are related to each
other in any of the following manners:

1. By lineal ascent: If one is a lineal ascendant of the other. This relationship covers the
Sapinda relationship which extends up to fifth degree in the line of father and third
degree in the line of the mother. The distinction of this category is that it extends
even beyond the Sapinda ascendants.

2. By affinity: If one is the husband or wife of the lineal ascendants or descendants of

the other. For example, father-in-law and daughter-in-law, mother-in-law and son-in-
law, step mother and step son or step-father and step daughter are thus within the
degrees of prohibited relationship.
According to Section 11 of Hindu Marriage Act, a marriage in contravention of this
condition is void. It is also punishable under section 18(b) of the Act.

1. ‘A’ marries his adopted sister. This is not a valid marriage, as it falls within the
degrees of Prohibited relationship.

2. ‘A’ marries with the wife of Pre-deceased brother. It is not a valid marriage as it falls
within the degree of Prohibited relationship.

3. ‘A’ marries his stepmother’s sister. It is not a valid marriage, ‘A’ is related to his step-
mother by half-blood relationship.
Clause (v) – Avoidance of sapinda relationship

According to the Dharmashastra the Sapinda relationship is very important in the

matter of marriage. According to Mitakshara Law of Marriage ‘Pinda’ means body and
therefore those who are related by body or blood or consanguinity are sapindas
among themselves. The Hindu Marriage Act has adopted Mitakshara definition but has
limited the extent of Sapinda relationship to 5 degrees in line of ascent through the
father and 3 degrees in the line of ascent through the mother.

According to Section 3(f)(ii) two persons are said to be “sapindas” of each other if one
is a lineal ascendant of the other within the limits of sapindas relationship, or if they
have a common lineal ascendant to each of them.
Whereas Section 3(f)(i) states that “sapinda relationship” with reference to any person
extends as far as the third generation (inclusive) in the line of ascent through the
mother, and the fifth (inclusive) in the line of ascent through the father, the line being
traced upwards in each case from the person concerned, who is to be counted as the
first generation. Punishable under Section 18(b) of the Act.
Rules for determining Sapinda relations:
1. The relationship extends as far as the third generation in the line of ascent through
the mother in case of both the parties.
2. The relationship extends as far as the fifth generation in the line of ascent through
the father in case of both the parties.
3. Sapinda relationship may submit in case of both the parties through the father or in
case of both through the mother; or it may subsist in case of one of them through the
father and on case of the other through the mother.

4. The line is traced upwards in case of both the parties counting each of them as the
first generation; the generations in the line of ascent whether three or five are to be
counted inclusive of the persons concerned and the common ancestor or ancestress.

5. Sapinda relationship includes relationship by half or uterine blood as well as by full

blood and by adoption. It also includes both, legitimate and illegitimate blood
relationship.
 Registration of marriage
Introduction
Section 8(1) of Hindu Marriage Act provides that 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 on such marriage may
have the particulars relating to their marriage entered on such manner and subject to such
conditions, as may be prescribed in a Hindi Marriage Register kept for the purpose.
(Registration)
Registration when necessary
Section 8(2) of the Act provides that 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
above, shall be compulsory in the state or in any part thereof, whether in all cases, or in such
cases as may be specified.
There was no requirement for the registration of Hindu marriages before the Hindu
marriage Act, 1955. Generally, Hindus do not get their marriages registered unlike
Adoption, Will Transfer of Property and Partition. The Act does not contain the rules
of registration and the State Government have been authorised to frame them.
The purpose of registration is only to furnish a convenient evidence of marriage
Clause (4) provides that Hindu Marriage Registers will be admitted as evidence. The
certificate is however not a conclusive proof of marriage.
Besides the evidentiary value, the national commission for women has pointed that
registration of marriage has critical importance to various women related issues, such
as:–
1. Prevention of child marriage.
2. Prevention of marriage without consent of the parties.
3. Prevention of illegal bigamy or polygamy.
4. Enabling married women to claim their right to live in the matrimonial home,
maintenance, etc.
5. Enabling the widows to claim various rights after the death of their husbands.
6. Deterring men from deserting their wives after marriage.
7. Deterring the sale of girl under the garb of marriage.

It is explicitly laid down in this Act that non registration does not affect the validity of
marriage. Thus marriage can be valid without registration.

In Seema v. Ashwini Kumar, the Supreme Court has dwelt at length on the topic of
registration of marriages. It suggested for the compulsory registration of marriages in
all the states.
 Nullity of Marriage under Hindu Law
Introduction
Marriage in all religions is termed as the holiest union; therefore cessation of such a
sacred relationship is a very delicate matter. Today’s society is evolving as the
environment, and the interpretation of various subjects is changing over a while.

For instance, Marriage now no longer considered as an ever-lasting union. It made it

convenient for the Husband and wife to discuss their internal issues more comfortably.
This evolution from an everlasting bond to one the cessation of which is now not
considered to be a sin results in the introduction of laws related to the annulment of
marriage, Judicial separation, and divorce, etc.
Nullity of Marriage
Nullity of marriage is also called as Annulment of Marriage in legal parlance. It refers
to it declaring a marriage void/voidable. In other words In Hindu law, Annulment arises
when marriage performed is not valid on different grounds mentioned in The Hindu
Marriage Act, 1955 under section 5.
Section 5 of the Hindu Marriage Act, 1955 states essential conditions of the valid
Hindu marriage and the question of void and voidable marriages arises from this
section only:

Conditions for a Hindu Marriage

1. There should be Monogamy.
2. Marriage should not be with a person who is within prohibited degrees of relationship.
3. Marriage should no be with a person who is within Sapinda relationship.
4. Both spouses should be sane and should have the ability to understand the nature
of Hindu marriage.
5. Age of the bride above 18years of age and groom above 21 years of age.

The first three conditions talk about the grounds on which the Hindu marriage can be
declared as void and the rest of the conditions if not fulfilled such Hindu marriage can
be declared as Voidable at the option of the other party.

Various Grounds for Nullification of the Hindu Marriage

1. Bigamy or spouse either wife or husband is married hitherto at the moment of marriage.
2. The mental inability of the wife or Husband.
3. Consent obtained by Fraud
4. Consent obtained by force
6. Impotent man or women
7. If married to a kinsman
8. Pregnancy of the wife at the moment of Marriage
 Void Marriage
Section 11 of the Hindu Marriage Act,1955 states void marriage:

Nullity of marriage and divorce – Void marriages.

As per section 11 of this act Hindu marriage can be declared as void:

1. In the case of Bigamy i.e married so far at the time of marriage.

2. Prohibited degrees of Relationship

3. Sapindas of the couple

It must be noted that marriage is prohibited degrees of relationship and Sapindas of
the spouse is Void until and unless it is permitted by the tradition of both wife and
husband. Marriage in relation to the above-mentioned ground is void ab initio i.e from
the vary beginning and there is no need for any court decree.

Bigamy as a ground of declaring Hindu marriage void- if either wife or the Husband
is legitimately married to any other person at the moment of marriage then according
to section 11 of the Hindu marriage act,1955 the marriage is to declare as void and
formal decree by the court is not necessary in this case.

In M.M. Malhotra v. Union of India, the court held that if a married male performs
another marriage then it is to be declared as void and it cannot be termed as ‘  Plural
Marriage’.
In Surjeet Kaur v. Jhujhav Singh, the court held that if the couple was separated
judicially and one of the spouses enter into another marriage then such marriage will
be declared as void.
Prohibited Degree of relationship: it is defined under section 3(g) of the Hindu
Marriage Act,1955. According to it, Hindus cannot perform marriage with:

1. lineal ascendants from fathers side up to fifth-degree and from mothers’ side up to
3 degrees.
2. Spouse of the lineal ascendants or descendants.
3. Bride of some kinsmen. For instance, brother, mother’s brother, etc.
4. Kins like a brother, sister, children of brother and sister, etc.
Lineal ascendant or descendant refers to any person who is in direct relation with father,
mother, grandfather, and all.
In Shakuntala Devi v. Amar Nath, Punjab and Haryana High court held in this case that
marriage under a prohibited degree of relationship can be valid if there is evidence of
accepted tradition which should be old enough to be termed as custom.
In Balusami Reddiar v. Balakrishna Reddiar, the court held that the tradition or the ritual of
marriage under prohibited degree should not be against the ethics and public policy.
As per section 17 of the act, any person who commits Bigamy should be punished as per
section 494 and 495 of the Indian Penal Code.
Sapinda relationship as a ground of declaring Hindu marriage Void:

In accordance with Mitakakshara, the word PINDA refers to the body, and persons
related by blood or being descended from the same ancestor are known to be
Sapindas of each other.

According to section 3(f) of the Hindu Marriage Act, 1955- Sapinda relationship

establishes when one is known to be a lineal ascendant of the other in Hindu marriage
or both of the persons having mutual lineal ascendant and lineal ascendants from
fathers’ side up to fifth-degree and from mothers side up to 3 degrees.

Such relations are termed as sapinda and marriage under such relations is void as per
section 11 of the act.
In Sudarsan Narkar v. Amina Mandal, the court held that to determine which is
sapinda relation Hindu marriage act,1955 should be referred to no other text is to be
considered to be valid.

In Harihar Prasad v. Balmiki Prasad, the court held that the marriage of two sapindas
can be valid if the same is proofed to a tradition of both the parties. Otherwise
marriage of two sapinda is punishable as per section 18(b) of the act with
incarceration up to 1 month or fine or both.
 Voidable Marriage
Section 12 of the act deals with Voidable marriage,

According to this section Hindu marriage can be declared as voidable due to:

1. Impotency of the partner

2. Consent obtained by force or fraud

3. Mentally unstable

4. Pregnancy of the wife by any other person at the moment of marriage

The aggrieved party, in this case, may go to court and file a plaint to declare the
marriage null and void.

Impotency- the inability of having sexual intercourse is one of the grounds for

declaring the Hindu marriage void at the option of the aggrieved party. However
incomplete physical relation only sometimes cannot be declared as Impotency. If such
inability can be cured through proper medical treatment than also it cannot be called
impotency.
Mental instability- when a husband or wife is incapable of understanding the essence
of marriage then such marriage is said to be voidable at the option of the other
spouse. In Pronab v. Krishna, the Court held that Schizophrenia (a form of lunacy) can
be a base for declaring a marriage null and void. Any person who can not recognize the
responsibilities of marriage is also not allowed to marry.
Consent obtained by force or fraud- Where consent of the petitioner or guardian was
required under section 5, and if such consent is obtained by force or fraud. Such marriage is
voidable under section 12.
However, no petition for annulment on this ground shall be entertained by the Court-
1. if the petition is presented one year after the force has ceased to operate or fraud
discovered.
2. the petitioner has with full consent lived with the other spouse after the force has ceased
to operate or fraud discovered.
Pregnancy of the wife by any other person at the moment of marriage- this is ground on
which the party can treat the marriage voidable under section 12.
However, no petition on this ground shall be entertained by the court unless-
1. The petitioner was ignorant about the alleged ground at the time of marriage.
2. For the cases prior to the commencement of this Act, the petition has been filed
within one year after the commencement of this Act.
3. For cases after the commencement of this Act the petition has been filed within
one year of commencement of marriage.
4. No marital intercourse with consent of petitioner as taken pace between the parties
after the discovery of the fact.
III. Child Marriage: Void or voidable

In India legal age of marriage for Boy is 21 years and for Girls is 18 years. But according
to the Hindu marriage Act Child marriage is valid. In P.V Venkataramana v. State of
AP, the court held that it can be termed as void or voidable, the above-mentioned Act
provides rigorous Imprisonment of 2 years and a fine of 1 lakh or both for Child
marriage but does not declare it as void. Although Child marriage is void in the Special
Marriage Act,1954.

Status of Child born under Annulment of Marriage:

Section 16 of the Hindu Marriage Act, 1955 stated the Legitimacy of Children born out
of Void and Voidable Marriage.
According to this section,
1. If the marriage is void as per section 11 of this Act, the children born from such
marriage are considered legitimate children.
2. If the marriage is voidable under section 12 of this Act, Children born from such
marriage are legitimate Children
3. And, such Children have the rights on the property of parents only but are excluded
from the property of other kins.
It must be noted that any child born in voidable marriage after the judgment of the
court then such child will be regarded as licit. In Laxmibai v. Limbabai, the court held
that as per section 16 of the Hindu Marriage Act, 1955 Child born in void marriage is
licit therefore such a child is authorized to acquire the property of the father after his
death.
 It also to be noted that unless the order has been passed the child begotten under a void and
voidable marriage is illicit.
Rights of  Legitimate Child:
1. Children born in a void or voidable marriage should be treated equally as the other
legitimate children.
2. Such a child has the right to get an equal share in the estate of his/her parents only.
Exception
In Gowri Ammal v. Thulasi Ammal, it was held that if one of the partners died then the
decree of annulment cannot be obtained therefore child born out of such marriage cannot
claim any benefit under section 16.
There this section cannot be recognized as the full protection of illicit child born from the void
and voidable marriage i.e this right is not absolute.
Conclusion
In old times, Marriage was considered to be as one of the most sacred and holy unions
of two persons which will be continued even after death, but nowadays as society is
changing the marriage is no longer considered as an everlasting union and therefore
laws are made to terminate the marriage, termination of marriage under Hindus is
governed by the Hindu Marriage Act, 1955 in which section 11 states the grounds for
recognizing Hindu marriage as void like Bigamy, Sapindas, marriage under a prohibited
degree of relationship.
Section 12 defines voidable marriage grounds like consent obtained by fraud, force,
impotency of the partner, etc. Annulment of marriage completely erases the existence
of the marriage from the point of time when the decree of nullity is passed.
The Legitimacy of the Child born in such marriage under section 16 of the Hindu
Marriage Act, 1955 as per this act Child born under such marriage is licit and according
to judicial precedents child should be equally treated as a child of a valid marriage, He/
she is entitled to the estate of his/her parents. But it should be noted that section 16
is ambiguous in its meaning and government should protect children born out of such
marriage not partially but fully and the law should be made more broad and liberal.
 DIVORCE UNDER SECTION 13 OF THE ACT
Divorce was unknown to the laws of Dharamshastras as marriage was regarded as
indissoluble union of the husband and wife. Manu does not approve of dissolution of
marriage in any conditions. He declared, “Let the mutual fidelity continue till the
death, this in brief may be understood to be the highest dharma of husband and wife.
The duty of a wife continues even after her husband’s death. She can never have a
second husband.” The majority of the ancient jurists expressed their disapproval of
the divorce. It was only in the unapproved forms of marriage where they favoured
divorce, that too in the extreme cases of distress.
The provisions of Divorce in the existing Marriage law i.e., the Hindu Marriage Act,
1955 has brought about a radical change in the legal concept of Hindu Marriage.
Section 13 of the Act describes the circumstances which extend the right of divorce.
Section 14 renders the provisions of divorce a bit difficult as it provides that no
petition for divorce can be presented within one year of the marriage unless it
causes exceptional depravity on the part of the Respondent. Section 15 lays down
the limitations on the right of the divorced persons to marry again.
 Grounds of Divorce
1. Adultery
Adultery is an extramarital sex. It is a consensual sexual intercourse between a married
person and a person of the opposite sex not being the other spouse, during the subsistence
of the former’s marriage.
While adultery may not have been recognized as a criminal offence in all countries, the
matrimonial offence of adultery or the fault ground of adultery is recognized in most. Even
under the Shastric  Hindu law, where divorce had not been recognized, adultery was
condemned in the most unequivocal terms.
Though initially a divorce could be granted only if such spouse was living in adultery, by the
Marriage Laws Amendment Act, 1976, the present position under the Hindu Marriage Act is
that it considers even the single act of adultery enough for the decree of divorce.
Since adultery is an offence against marriage, it is necessary to establish that at the
time of the act of adultery the marriage was subsisting. Also, it follows that unless
one willingly consents to the act, there can be no adultery. If the wife can establish
that the co-respondent raped her, then the husband would not be entitled to divorce.

In Swapna Ghose v. Sadanand Ghose the wife found her husband and the adulteress
to be lying in the same bed at night and further evidence of the neighbours that the
husband was living with the adulteress as husband and wife is sufficient evidence of
adultery. The fact of the matter is that direct proof of adultery is very rare.

The offence of adultery may be proved by:

1. Circumstantial evidence.
2. Contracting venereal disease.
 2. Cruelty
The concept of cruelty is a changing concept. The modern concept of cruelty includes
both mental and physical cruelty. Acts of cruelty are behavioural manifestations
stimulated by different factors in the life of spouses, and their surroundings and
therefore; each case has to be decided on the basis of its own set of facts. While
physical cruelty is easy to determine, it is difficult to say what consists of mental
cruelty. Perhaps, mental cruelty is lack of such conjugal kindness, which inflicts pain of
such a degree and duration that it adversely affects the health, mental or bodily, of the
spouse on whom it is inflicted. In Pravin Mehta v. Inderjeet Mehta,  the court has
defined mental cruelty as ‘the state of mind.’

Some Instances of Cruelty are as follows –

False accusation of adultery of unchastity
• Demand for dowry
• Refusal to have marital intercourse
• Impotency
• Drunkenness
• Incompatibility of temperament
• Irretrievable breakdown of marriiage,.
The following do not amount to cruelty-
• ordinary wear and tear of married life
• Wife’s refusal to resign from job
• Desertion per se
• Outbursts of temper without rancour.
 3. Desertion
Desertion means the rejection by one party of all the obligations of marriage- the permanent
forsaking or abandonment of one spouse by the other without any reasonable cause and
without the consent of the other. It means a total repudiation of marital obligation.
The following 5 conditions must be present to constitute a desertion; they must co-exist to
present a ground for divorce:
• the factum of separation
• Animus deserdendi ( intention to desert)
• Desertion without any reasonable clause
• Desertion without consent of party
• Statutory period of two years must have run out before a petition is presented.
Types
1. Actual desertion
2.Constructive desertion
Actual desertion
It mainly requires the intention of desertion without any reasonable cause and the
situation when one party leaves the matrimonial home permanently without the
consent of the other partner. This situation should be continued for two years and
then it became the ground of the divorce. This is also called as physical separation and
Animus Desertion. In the case of Gur Bachan Kaur v. Preetam Singh, the court held
that the desertion shall not be done by the consent as desertion requires the guilt by
one of the parties and desertion by the consent isn’t considered as desertion.
Constructive desertion
Desertion is not always the abandonment of place, sometimes it is an abandonment of
situation and it is known as constructive desertion.  It can also be said as that desertion
means not abandoning the place, rather it is ignoring the matrimonial obligations while
living under the same roof. In the case of Jyotish Chandra Guha v. Meera Guha, it was
held that when one partner behaves in such a manner that it becomes difficult for the
other partner to live under the same roof or is compelled to leave the matrimonial
home. Then it will be considered as desertion by the first party.
In the case of Bhargav Kumar Pranshankar Shukla v. Chhayaben Bhargavkumar
Shukla, Gujarat High Court held that the desertion under the Hindu law is said as the
withdrawal of a party from marital home does not itself constitute desertion by that
party but it is the party by whose conduct cohabitation comes to an end is guilty of
desertion.
Situation when desertion may terminate
1. The resumption of marital life
2. Resume cohabitation, or
3. Express the willingness to go to matrimonial home
Desertion is not a single act for the divorce but it is a continuous act or conduct and it
is to be determined by the court from facts and circumstances of each case.

In Bipinchandra v. Prabhavati,  the Supreme Court held that where the respondent

leaves the matrimonial home with an intention to desert, he will not be guilty of
desertion if subsequently he shows an inclination to return & is prevented from doing
so by the petitioner.
4. Conversion
When the other party has ceased to be Hindu by conversion to any other religion for e.
g. Islam, Christianity, Judaism, Zorostrianism, a divorce can be granted.

5. Insanity
Insanity as a ground of divorce has the following two requirements-
1. The respondent has been incurably of unsound mind
2. The respondent has been suffering continuously or intermittently from mental
disorder of such a kind and to such an extent that the petitioner cannot reasonably be
expected to live with the respondent.
6. Leprosy
Contagiousness of leprosy and repulsive outward manifestations are responsible for creating
a psychology where man not only shuns the company of lepers but looks at them scornfully.
Thus, it is provided as a ground for divorce. The onus of proving this is on the petitioner.
7. Venereal Diseases
At present, it is a ground for divorce if it is communicable by nature irrespective of the period
for which the respondent has suffered from it. The ground is made out if it is shown that the
disease is in communicable form & it is not necessary that it should have been communicated
to the petitioner (even if done innocently).
8. Renunciation
“Renunciation of the world” is a ground for divorce only under Hindu law, as renunciation of
the world is a typical Hindu notion. Modern codified Hindu law lays down that a spouse may
seek divorce if the other party has renounced the world and has entered a holy order. A
person who does this
is considered as civilly dead. Such renunciation by entering into a religious order must be
unequivocal & absolute.
8. Presumption of Death
Under the Act, a person is presumed to be dead, if he/she has not been heard of as being
alive for a period of at least seven years. The burden of proof that the whereabouts of the
respondent are not known for the requisite period is on the petitioner under all the
matrimonial laws. This is a presumption of universal acceptance as it aids proof in cases
where it would be extremely difficult if not impossible to prove that fact. A decree of divorce
granted under this clause is valid & effective even if it subsequently transpires that the
respondent was in fact alive at the time when the decree was passed.

9. Wife’s Special Grounds for Divorce

Besides the grounds enumerated above, a wife has been provided four additional grounds of
divorce under Section 13(2) of the Hindu Marriage Act, 1955. These are as follows-
Pre-Act Polygamous Marriage

This clause states the ground for divorce as, “That the husband has another wife from
before the commencement of the Act, alive at the time of the solemnization of the
marriage of the petitioner. For example, the case of Venkatame v. Patil, where a man
had two wives, one of whom sued for divorce, and while the petition was pending, he
divorced the second wife. He then averred that since he was left only with one wife,
and the petition should be dismissed. The Court rejected the plea.

Such a ground is available if both the marriages are valid marriages & the other wife
(2nd wife) should be present at the time of filing of the petition.
Rape, Sodomy or Bestiality
Under this clause, a divorce petition can be presented if the husband has, since the
solemnization of the marriage, been guilty of rape, sodomy or bestiality.
Non-Resumption of Cohabitation after a Decree/Order of Maintenance
If a wife has obtained an order of maintenance in proceedings under Section 125, Cr.P.C.,
1973 or a decree under Section 18, Hindu Adoption & Maintenance Act, 1956 & cohabitation
has not been resumed between parties after one year or upwards, then this is a valid ground
for suing for divorce.
Repudiation of marriage
This provision provides a ground for divorce to the wife when the marriage was solemnized
before she attained the age of fifteen years, and she has repudiated the marriage, but before
the age of eighteen. Such repudiation may be express (written or spoken words) or may be
implied from the conduct of the wife ( left husband and refused to come back). Moreover,
this right ( added by 1976
Amendment) has only a retrospective effect i.e. it can be invoked irrespective of the
fact that the marriage was solemnized before or after such amendment.
13B. Divorce by mutual consent. (1)Subject to the provisions of this Act a petition for
dissolution of marriage by a decree of divorce may be presented to the district court by both
the parties to a marriage together, whether such marriage was solemnized before or after the
commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976.) on the ground that
they have been living separately for a period of one year or more, that they have not been able
to live together and that thy have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the
presentation of the petition referred to in sub-section (1) and not later than eighteen months
after the said date, if the petition is not withdrawn in the meantime, the court shall, on being
satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage
has been solemnized and that the averments in the petition are true, pass a decree of divorce
declaring the marriage to be dissolved with effect from the date of the decree.
I13A. Alternate relief in divorce proceedings
In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce,
except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii)
of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the
circumstances of the case, pass instead a decree for judicial separation.
 JUDICIAL SEPARATION
Introduction
In Hindu culture and religion, Marriage is termed as the most sacred union of man and
woman. There are certain responsibilities and obligations of the parties in marriage towards
each other and one out of these is cohabitation. Hindu marriage is recognized as the ever-
lasting bond which is imperishable even after death.
In accordance with prehistoric texts of Hindu religion, a male is considered to be half of his
own before marriage and needs a woman to become a complete man, same is the case with
females she is also not complete and both will attain their totality when they will get married.
But in today’s world, individuals have been given many rights, and therefore if an individual is
unable to live with the person with whom he got married without any valid reason, then in
law, such an individual may apply for judicial separation.
In Hindus, Marriage is governed by the Hindu marriage act,1955, and judicial separation is
mentioned in section 10 of the above-mentioned Act.
Concept of Judicial Separation
Marriage is a very essential part of the Hindu religion, therefore it cannot be
terminated very easily because of this reason the Indian judicial system does not allow
Divorce at the beginning when the party to the Hindu marriage approach the court for
the termination of the marriage.
Court grants first, the legal remedy, known as Judicial separation. So that parties of
marriage can self-analyses that whether the problems are resolvable or not. It is a
substitute for the Divorce in which the spouse is given time for reconsideration.
In Judicial Separation, the marriage is not terminated and the husband and wife are
still considered to be married. Judicial Separation means the order of a court directing
the spouses to not perform conjugal rights for the specified period without the
termination of a marriage. It is adapted from the British theory of  “Mensa et thoro”.
As per the 1976 amendment, in Hindu Marriage Act,1955, the grounds on which the
order of judicial separation is to be passed are the same as the grounds of divorce.
The concept of Judicial separation was first introduced in the Special Marriage Act,
then in the Hindu Marriage Act.
If any party approaches the court for Divorce, the court will order a decree of judicial
separation for the self-analysis, in which the parties to the marriage are not obligated
to perform conjugal duties of the marriage and after the specified time, if the
problem persists between the couple then the court will order Divorce resulting in
termination of the Marriage. Divorce is mentioned in the Hindu marriage act,1955
under section 13 for Hindu marriages.

As per Section 10 of the Act, the aggrieved party in Hindu Marriage can file a plea in
the District Court if the below-mentioned essentials have adhered:
• A couple got married according to Hindu marriage ceremonies and rites and does not
violate any condition specified in the Hindu Marriage Act.
• A person against whom the petition has been filed should be in the Jurisdiction of the
court in which such case is registered.
• Spouses should have performed conjugal rights for a specified period prior to filing
the case under judicial separation.

Grounds of Judicial Separation

Any spouse in Hindu marriage can file a plea for Judicial separation under the grounds
on which divorce can be granted under Section 13 of the act while the judicial
separation is granted under Section 10 of the act.
1. Adultery
It is mentioned in  Section 13(1)(i)  of the Hindu Marriage Act. It means if any of the spouses
after his/her marriage have physical relation with any other person with his/her free will then,
in this case, the other party may file the plea of Judicial Separation or Divorce under this act.
It must be noted that the wife can file such a petition in the court if her husband commits
rape, buggery, intercourse with an animal. If further such acts have been proved to be done
then, the wife can also go for divorce with her husband.
In  Hirachand Srinivas Managaonkar v. Sunanda, the Supreme Court said that the Adultery of
any of the spouse if determined with evidence, then the court shall pass the order of judicial
separation and the petitioner can apply for a divorce on the same ground.

In  Revathi v. Union of India and Ors, Court held that if any of the spouses commits adultery
then the other spouse cannot put criminal charges for the same but can only file for the order
of Judicial separation and divorce. It was mentioned that it is not permissible under the court
of law to charge the husband or wife for the wrongdoing act like adultery under Section 497
of IPC which is now repealed.
2. Cruelty
It is one of the grounds for conjugal relief. Cruelty means where the respondent is not
dealing with the petitioner in a decent manner but in a cruel manner which is specified
under Section 13(1)(i-a)  of the act. Cruelty can be physical or of mental pressure by the
respondent on the petitioner.
It must be noted that the Hindu Marriage Act does not define cruelty but in other personal
laws like Muslim law, it is defined clearly and through which wife can take divorce or file for
judicial separation from her husband. Cruelty is also defined under Section 498-A of the Indian
Penal Code which is gender-biased and inclined towards women.

In Shyamsundar v. Santadevi, the petitioner was the wife who was severely injured by the
kins of the husband. Despite this, the husband had not done anything to safeguard his
spouse, therefore, the court held that this amounts to cruelty and sufficient ground for the
Judicial Separation.
3. Desertion
It is defined under Section 13(1)(i-b), in which it is stated that if one spouse is
separated from the other spouse without any rational purpose i.e not cohabiting, the
aggrieved party can file a plea for judicial separation if the same was in continuance
for not less than 2 years.
It must be noted that if the respondent is showing irresponsible behaviour towards
the petitioner and if the court is satisfied, then it will also amount to desertion.

In Rohini Kumari v. Narendra Singh, the respondent deserted her wife and the wife
filed the plea of Judicial Separation. The Hon’ble Supreme court declared that the
wife of the respondent along with the judicial separation will also be allowed to claim
maintenance under the Hindu Marriage Act and Special Marriage Act.
In Guru Bachan Kaur v. Preetam Singh, the wife and husband were living separately for 7
years and the husband applied for divorce. The wife contended that the husband is
irresponsible towards her and she wants him to understand the trouble between them. She
was not in favour of divorce. Court declared that there is nothing like ‘collaborative
desertion’, one party should be liable.

4. Conversion and Renunciation

Section 13(1)(ii) states another ground on which a Judicial Separation plea can be filed. It
provides that if any spouse in Hindu marriage changes its religion from Hindu to any other
religion then, another spouse can file the petition for Judicial Separation. It must be noted
that if a person becomes a  hermit then also the spouse can claim judicial separation or
divorce.

In Madhukar Bhaskar v. Saral, the court declared that if the person becomes Hermit and is
not fulfilling his/her conjugal duties, the other party of the Hindu marriage can file a plea for
the order
of Judicial Separation.
In Robasa Khanum v. Khodadad Bomanji, the Hon’ble court declared that change of
religion by one spouse without persisting from the execution of conjugal rights is no
ground for the Judicial Separation. It was established in this case that if the spouse
who converted his/her religion is not making troubles in the execution of marital
duties then the other spouse cannot apply for Judicial Separation or divorce.
5. Leprosy and Venereal Disease
In the Hindu marriage Act,1955 it is mentioned that if any person in Hindu marriage is
having a disease like Leprosy then under Section 13(1)(iv), other spouse can file for
either divorce or Judicial separation. Along with this if the spouse is having an
untreatable illness then the other spouse can file a plea for either Divorce or Judicial
Separation under Section 13(1)(v).
In Ratna Manjari Das v. Dr Bhaskar Chandra Das, Hon’ble High Court of Odisha held
if the spouse is filing for judicial separation or Divorce under the ground that the
other spouse has a venereal illness, it must be proved that such illness is
communicable and untreatable.
In M. Jasmine Devapriya v. A. Stephen Dhanraj, Hon’ble High Court of Madras held
that if the respondent has leprosy then it must be proved that such illness is not
curable and it is unfeasible for the respondent and execute conjugal duties.
6. Insanity
If any person in Hindu marriage, husband or wife is combating with mental illness
which poses danger for the other person in marriage due to his/her acts or behaviour,
then the hurt person can apply for Judicial Separation or Divorce on the ground of
insanity under Section 13(1)(iII).
In  Anima Roy v. Prabadh Mohan Ray,  the husband and wife got married under the
Hindu law and prior to two months, the respondent started showing symptoms of
illness which is the sign of a rare disease and the doctor was unable to find the period
in which it was developed. Court declared that it was not ascertained at the moment
of marriage.
 7. Presumed Death
Under Section 13(1)(vii), it was given that if any spouse of Hindu Marriage is missing for 7
years and even his/her kinsmen do not know about him/her then such person in the eyes of
law will be presumed to be dead and it is one of the ground for Judicial Separation.
Exclusive grounds only for the wife to file plea for Judicial Separation or Divorce:

• Bigamy:  If the Husband was married twice then the wife can apply for Judicial separation or
divorce such ground mentioned in Section 13(2)(i).
• Other reliefs are: in the case of rape, buggery, bestiality by the Husband.
• Age: Under Section 13(2)iv if the damsel is under the age of 15 years at the moment of
Hindu marriage then she can apply for Divorce and Judicial separation.
Conclusion
It is clear that Judicial Separation is a legal instrument under Hindu Law in which
courts provide both the parties of the marriage to self analyze and reconsider his/her
decision when the marriage is on the verge of its end.
The main objective of this law is that marriage is the most sacred bond between two
persons and it is nearly impossible to terminate the same but as Laws change with the
society, such sections are introduced. Order of Judicial Separation can also be
declared as cancelled when both the parties resolve their issues and apply for the
same in the court.
 Restitution of Conjugal Rights
Introduction
Among Hindus, marriage is the most sacred bond in which two persons who are duly wedded
have religious and marital responsibilities. One of the major responsibilities of the couple is
that both should cohabitate. But as marriage is the bond of two persons, it is possible that
both of them have different responses and one doesn’t like the behaviour of the other
person.
In this case, one of the spouses may start living separate and withdraw from the society of
the other with or without any valid ground. Due to these circumstances, the Hindu Marriage
Act,1955 provides for the restitution of conjugal right under  Section 9 .
A party who wants the other person to fulfil his/her conjugal duties toward him/her self in
Hindu marriage, may file a complaint in the court under this section. For the party who is not
performing his/her duties, the court may direct that party to fulfil the conjugal duties in
marriage, if a valid purpose is not specified.
Concept Of Restitution Of Conjugal Rights In Hindu Law
Conjugal Rights: In the Hindu religion, marriage is performed by following certain
ceremonies and rites, and these ceremonies put responsibilities and obligations on
both the wife and husband which are important to be fulfilled. These responsibilities
are to be fulfilled by both the spouses in relation to each other. Some of the
important conjugal rights include that both should cohabitate, beget a child,
development of a household, etc.

Therefore ‘Restitution of Conjugal Rights’ means that the recompense of such rights
which are originated from the Hindu Marriage.

In old times there was no law regarding the restitution of the conjugal rights, it
was first introduced in Jewish law. After Independence, the Hindu Marriage
Act,1955 was introduced in which such treatment or relief is specified under section 9
of the act, and from here restitution of conjugal rights got its statutory sponsorship.
Section 9 of the Hindu Marriage Act,1955 provided for the restitution of marriage.
According to this section, if any person in marriage ends the relationship with the
other person and his/her society without any rational purpose then the party against
whom such relation is ended, can file suit in the District Court under this section of the
Restitution of the Conjugal rights.
Then if the court is convinced that there is no rational purpose of ending such a
relation, it shall pass a decree of restitution of Conjugal rights which is to direct the
respondent to execute his/her responsibilities and obligations. Onus probandi is of
the Party of marriage who is separated.
It also can be termed as saving marriage which could end through a divorce, as there
may be some differences between the husband and wife and if the spouse thinks that
such differences can be solved rather than terminating the marriage through a divorce,
then restitution of the conjugal rights comes into play.
 It must be noted that this section can only apply on valid marriages and if the decree
of restitution of conjugal rights is not obeyed then it would amount to contempt of
court and also a ground of divorce under Section 13 of the Hindu Marriage Act.
According to various judicial precedents, the petitioner can file the plea of restitution
of conjugal right under section 9 of this act, if there is a presence of these essential
conditions:
▪ Spouse is not cohabitating.
▪ No rational purpose stated by the spouse for the separation.
▪ No legitimate ground on which order of restitution of conjugal rights cannot be
granted.
 In Sushila Bai v. Prem Narayan, the court passed the order of restitution as per the
requirements stated above. In this case, the court also mentioned some
Circumstances in which the respondent can take his/her guard in the plea filed by the
petitioner:
▪ Another party against whom the suit was filed can claim conjugal relief against the
petitioner.
▪ The respondent can prove that the petitioner is at fault i.e party can prove the
rational purpose of his/her separation.
▪ As a result of some acts or omissions, it is unfeasible for the respondent to cohabitate
with the petitioner.
These are some state of affairs on which court rather than passing an order for
restitution, can pass an order of Divorce or Judicial separation under section 13 and
section 10 of the Hindu Marriage Act,1955.
The Burden of Proof
In the case of restitution of Conjugal rights, onus generally lies with the party who has
evacuated from the company of the other party to the marriage, Onus is to show that
the purpose for such evacuation is rational. But at the beginning of the suit, the onus
is on the petitioner to show that there is a need for the restitution, only then the
burden of proof gets transferred to the respondent.
In the Sushila bai case (discussed above), the husband after marriage was
completely insensitive towards his wife and treated her in an uninvited way, the court
held that it is sufficient ground to maintain the plea of restitution and the same had
been granted in this case.
Constitutional Validity of the Restitution of Conjugal Rights
It is noted that such restitution breaches the right to privacy of the respondent which
is granted under Article 21 of the Indian Constitution.
With the judgment in Kharak Singh v. State of UP,  it was declared by the court that
the right to life and personal liberty includes right to privacy. When this law was to be
included under the Hindu Marriage Act,1955 there were intense arguments in the
parliament.
In Sareetha v. T. Venkatasubbaiah, it was contended by the petitioner that section 9
of the Hindu Marriage Act,1955 breaches Article 14 (right to equality) and Article 21 (
right to life and personal liberty). The Hon’ble High Court held that section 9 of this
act breaches the fundamental rights given by our Constitution as this Act is bestial
especially for women as it snatches the right of the women on her own body.
Therefore, Section 9 was held unconstitutional.
But in Saroj Rani v. Sudharshan, the Hon’ble Supreme Court revoked the order
of Sareetha v. T. Venkatasubbaiah and held that it is the duty of the legislature to
invalidate the law and section 9 has the main purpose of bringing together separated
parties of the Hindu Marriage and not to infringe the fundamental rights of the party.
Hence, section 9 was declared as Constitutionally valid.
In Narinder Kumar v. Chander Prabha, the court held that if Husband put pressure on
his wife for dowry then it will be considered as a rational purpose for evacuating
herself from the husband’s company.
Other Provisions related to restitution and its mode of execution under the Hindu
Marriage Act,1955
Hindu marriage act along with the provisions of restitution of conjugal rights also
allows the petitioner to file plaint for the monetary support under section 25 of the
Act. Therefore, if the
wife is unwilling to get judicial separation or nullity of marriage, she can get
maintenance without filing suit in any other act.
Order 21 rules 32 and 33 of the Code of civil procedure execute such decree in which
the respondent against whom the order has been passed can follow it or willfully
disobey it and the decree is to be attached with property. Such property can be sold
by the petitioner if, within the period of one year, the actual restitution is not done.
Another provision related to this section is under section 13(1)(a) in which if after the
order of restitution there was no actual restitution for one year or more then the
petitioner can apply for divorce under the above section as it will be considered as a
good ground for the order of divorce.
It must be noted that section 9 of the Hindu marriage act,1955 is not gender-biased
but equal for men and women. Equal measures are to be taken for the enforcement of
the order of restitution.
The respondent can give a rational reason for the separation which can be anything
related to grounds of annulment, termination of marriage, judicial separation, divorce,
etc.
Restitution of Conjugal rights in marriage is a productive cure as compared to other
conjugal remedies like divorce, nullity of marriage, and judicial separation. It aims at a
reunion of the parties of the marriage rather than terminating it.
It is the major benefit of this law. But on the other hand, if we look at it pragmatically,
the true picture of this law may differ. Human beings are psychological entities and
they have emotions and if someone is not able to create mutual understanding with
another, then no one can force it with any statute. As in an Indian survey conducted on
such cases, it was noted that many restitution cases are filed due to some hidden
agenda.
In Annapuranamma v. Appa Rao, the wife filed a case of divorce on the ground that
the husband was suffering from leprosy and in return, the husband filed a case of
restitution to delay the proceedings of the above case although the petition of
restitution was completely baseless and it was only filed with the motive of torment
his wife.
In Kusum Lata v. Kampta Prasad, the husband had completely failed to look after her
wife which is the valid ground for judicial separation. The same case was filed by the
wife and it was countered by the petition of restitution by her husband and court
dismissed both pleas.
Conclusion
Hindu marriage related to the restitution of conjugal rights, as marriage under Hindu
law is considered to be a sacred bond and to protect such bond in case of insignificant
misunderstandings is the main object of such law and to help in maintaining sound
conjugal life.
But, we have also discussed how such remedy is used by the party for some hidden
purpose which is not morally acceptable and the constitutionality of the restitution
which is interpreted by the judiciary occasionally, it is on the husband and wife
whether to accept the decree or apply for other remedies such as divorce and judicial
separation.
 Dowry Prohibition Act
In this act, `dowry’ means any property or valuable security given or agreed to be given either
directly or indirectly:
1. by one party to a marriage to the other party to the marriage; or
2. by the parents of either party to a marriage or by any other person, to either party to the
marriage or to any other person;at or before or any time after the marriage in connection
with the marriage of said parties but does not include dower or mahr in the case of
persons to whom the Muslim Personal Law (Shariat) applies.
Explanation I – For the removal of doubts, it is hereby declared that any presents
made at the time of a marriage to either party to the marriage in the form of cash,
ornaments, clothes or other articles, shall not be deemed to be dowry within the
meaning of this section unless they are made as consideration for the marriage of
the said parties
Explanation II – The expression `valuable security’ has the same meaning as in section
30 of the Indian Penal Code (45 of 1860)”.

The Act anticipates preventing of dowry by enacting section 3 of the Act, which
provides for the penalty. The punishment could be imprisonment for minimum 5 years
and a fine more than ₹15,000 or the value of the dowry received, whichever is higher.
The Act makes an exception to gifts that are received at the time of marriage, in the
absence of such demand. Dowry agreements are void ab initio and if any dowry is
received by anyone other than the woman, it should be transferred to the woman.
This provides a safeguard by protecting the interest of the women.
In the case of Nunna Venkateswarlu v. State of Andhra Pradesh (1996) Cr LJ 108
(AP), the court observed that the foundational fact as to demand for dowry was to be
proved by the prosecution in the terms of “dowry given or agreed to be given”. Hence,
the prosecution, according to the lower court, failed to prove that an agreement was
present between the deceased’s father and the accused of dowry.

In the absence of the same court did not accept the charges of section 304B. And
when the matter went up to the High Court of AP, there too, in the absence of proof
with respect to the agreement to give dowry, the accused was rather charged under
section 498A and section 306 of IPC, 1860 and held liable.
 In the case of Pawan Kumar v. State of Haryana (1998) Cr LJ 1144 (SC), the court
observed that- “The word ‘agreement’ referred to in section 2 has to be inferred on
the facts and circumstances of each case. The plea that conviction can only be if there
is agreement for dowry is misconceived. This would be contrary to the mandate and
object of the Act.
‘Dowry’ definition is to be interpreted with the other provisions of the Act including
section 3, which refers to giving or taking dowry, and section 4 – penalty for
demanding dowry, under the 1961 Act and the Indian Penal Code. This makes it clear
that even demand of dowry on other ingredients being satisfied is punishable.
This leads to the inference, when persistent demands for TV and scooter are made
from the bride after marriage or from her parents, it would constitute to be in
connection with the marriage and it would be a case of demand of dowry within the
meaning of section 304B, IPC
t is not always necessary that there be any agreement for dowry. In the instant case,
the evidence of the prosecution witnesses was very clear. After a few days of the
marriage, there was demand for a scooter and fridge, which when not being met, led
to repetitive taunts and maltreatment.
Such demands cannot be said to be not in connection with marriage. Hence, the
evidence qualifies to be demand for dowry in connection with the marriage and in the
circumstances of the case constitutes to be a case falling within the definition of
‘dowry’ under Section 2 of 1961 and section 304B”
The above reasoning was again quoted by the apex court in another case, State of
Andhra Pradesh v. Raj Gopal Asawa AIR 2004 SC 1933, approving the same. The term
dowry was observed to be in relation to marriage and not for any other cause as it was
explicitly mentioned in the definition of dowry.
In the light of the same demand for money for meeting domestic needs or due to financial instability
cannot be termed as a demand for or want of dowry. Also, a demand for a motorcycle for doing a milk
vending business cannot be termed as dowry demand.
Hence, time and again the courts have decided that the demand for dowry be always connected to
marriage. Further, there is no hard and fast rule that demand should be of one particular item to be
termed as dowry demand.
For a Hindu, marriage is a Sanskara (religious rite or sacrament). It is looked upon something which is
more of a religious necessity. But at the same time, it is also a civil contract, which takes the form of a
gift.
For example in Purshottamdas v. Purshottamdas, the court observed that “marriage of Hindu
children is a contract made by their parents”. In Muthusami v. Masilamani, the court observed, “a
marriage is undoubtedly a contract entered into for consideration”
The words like contract and consideration itself talk a lot about the involvement of dowry in the
Hindu marriages.
Thus, there lies an unevenness between Hindu Law and the secular laws with regard
to dowry. On one hand, the secular laws are trying to eradicate the problems of dowry
and on the other hand, the Hindu laws are encouraging such practice as a religious one.

Thus, the scorching problems of dowry cannot be suppressed without the support of
its key actors, who are acting in and around this field. Mere legislation cannot be
expected to serve the purpose unless there are support and backing from the society.
Hence, it is very important to cut the roots of this deep-rooted problem, before it
takes stronghold with the land and makes it next to impossible to cut down this
problem.