UNIT II - Traditional concept of Hindu Marriage

Marriage is a significant social institution in Hindu society, governed by customs, traditions, and legal frameworks. The Hindu Marriage Act, 1955, marked a turning point by codifying marriage laws for Hindus, bringing clarity and uniformity to matrimonial matters. This post explores the traditional concept of Hindu marriage, the key provisions of the Hindu Marriage Act, 1955, and the matrimonial remedies available, focusing on maintenance and alimony.

UNIT II

• Traditional concept of Hindu Marriage
• The Hindu Marriage Act, 1955
• Matrimonial Remedies - Maintenance and Alimony.

Traditional Concept of Hindu Marriage

Hindu marriage is not just a contract but a sacred union with religious and social dimensions. Traditionally, it is considered a sacrament (samskara) rather than a mere civil contract. This means the marriage is intended to be lifelong, binding the couple spiritually and socially.

Key Features of Traditional Hindu Marriage

• Sacred and Indissoluble: The marriage is a sacred rite performed with religious ceremonies and is meant to last for life.
• Social Duty and Family Bond: Marriage is seen as a duty to continue family lineage and uphold social order.
• Customs and Rituals: Various rituals like Saptapadi (seven steps) and Kanyadaan (giving away of the bride) are essential parts of the marriage ceremony.
• Community and Caste Considerations: Traditionally, marriages were arranged within the same caste or community to maintain social harmony.

Despite these traditional views, modern legal frameworks recognize the need for regulating marriage with provisions for dissolution and remedies in case of disputes.

The Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955, was enacted to codify and reform Hindu marriage laws. It applies to Hindus, Buddhists, Jains, and Sikhs, providing a legal structure for marriage, divorce, and related matters.

Objectives of the Act

• To define the conditions for a valid Hindu marriage.
• To regulate matrimonial rights and duties.
• To provide remedies for dissolution and maintenance.
• To promote gender justice within marriage.

Conditions for a Valid Hindu Marriage

The Act specifies several conditions that must be met for a marriage to be legally valid:

• Monogamy: Neither party should have a living spouse at the time of marriage.
• Age: The bridegroom must be at least 21 years old, and the bride at least 18 years old.
• Mental Capacity: Both parties must be capable of giving valid consent and mentally sound to understand the marriage.
• Prohibited Relationships: Marriage is not valid if the parties are within prohibited degrees of relationship, unless custom permits.
• Ceremonial Requirements: The marriage must be solemnized according to Hindu customs or rituals.

Registration of Marriage

While the Act does not make registration compulsory, many states have introduced rules to encourage or mandate registration to provide legal proof of marriage.

Grounds for Divorce under the Act

The Act lists specific grounds on which a marriage can be dissolved, including:

• Adultery
• Cruelty
• Desertion for two years or more
• Conversion to another religion
• Mental disorder or incurable disease
• Mutual consent

Matrimonial Remedies: Maintenance and Alimony

Marriage laws under the Hindu Marriage Act also provide remedies to protect the financial and social welfare of spouses, especially women, through maintenance and alimony.

Maintenance

Maintenance refers to financial support provided by one spouse to the other during or after the marriage. It ensures that the dependent spouse can maintain a reasonable standard of living.

• Interim Maintenance: Temporary financial support during the pendency of legal proceedings.
• Permanent Maintenance: Ongoing support after divorce or separation, depending on circumstances.
• Who Can Claim: Typically, the wife, but in some cases, the husband or children can claim maintenance.
• Factors Considered: Income, lifestyle, health, and ability to earn are considered when deciding maintenance.

Alimony

Alimony is a lump sum or periodic payment made by one spouse to the other after divorce or judicial separation.

• Purpose: To provide financial security and compensate for economic disadvantages caused by the marriage or its dissolution.
• Types of Alimony:
• - Permanent Alimony: Paid for an indefinite period or until remarriage.
• - Lump Sum Alimony: One-time payment to settle financial claims.

• Judicial Discretion: Courts decide alimony based on the conduct of parties, duration of marriage, and financial needs.

Legal Provisions Supporting Maintenance and Alimony

• Section 24 of the Hindu Marriage Act allows a spouse to claim maintenance pendente lite (during the case) and expenses of the proceedings.
• Section 25 empowers courts to grant permanent alimony and maintenance after divorce.
• Section 18 of the Hindu Adoptions and Maintenance Act, 1956, also supports maintenance claims.

Practical Examples

• A wife who has no independent income and is divorced may receive permanent alimony to maintain her lifestyle.
• Interim maintenance can be granted to a wife during divorce proceedings to cover living expenses.
• Courts may refuse alimony if the claimant spouse is found guilty of cruelty or adultery.

Challenges and Evolving Trends

Though the Hindu Marriage Act provides a clear framework, challenges remain:

• Delay in Legal Proceedings: Lengthy court cases often delay relief.
• Social Stigma: Divorce and maintenance claims can carry social stigma, especially for women.
• Economic Dependence: Many women still depend financially on their spouses, making maintenance crucial.
• Judicial Interpretation: Courts vary in their approach to maintenance and alimony, sometimes leading to inconsistent outcomes.

Recent judgments have emphasized fair treatment and gender equality, encouraging reforms to make matrimonial remedies more accessible and just.