A Hindu law has been derived from smritis, written in Sanskrit, it is a discipline of law, however, the original Hindu law does not apply to the Hindus living in India rather than that The Hindu law has been modified and amended several times.
The Hindu Marriage Act was passed in 1955 it was formed to protect the rights of Hindu brides and grooms who are married. there is no specified way mentioned in the Hindu Marriage Act according to which the bride and groom have to marry.
To Whom It Applies On
According to Section 2 of The Hindu Marriage Act, 1955
(a) to any person who is a Hindu by religion in any of its forms or developments, including a
Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana, or Arya Samaj,
(b) to any person who is a Buddhist, Jaina, or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim,
Christian, Parsi, or Jew by religion, unless it is proved that any such person would not have been
governed by the Hindu law or by any custom or usage as part of that law in respect of any of the
matters dealt with herein if this Act had not been passed.
Explanation.—The following persons are Hindus, Buddhists, Jainas, or Sikhs by religion, as the case
maybe:—
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or
Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina, or Sikh
by religion and who is brought up as a member of the tribe, community, group or family to which
such parent belongs or belonged; and
(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina, or Sikh religion.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply
to the members of any Scheduled tribe within the meaning of clause (25) of article 366 of the Constitution
unless the Central Government, by notification in the Official Gazette, otherwise directs.
(3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person
who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the
provisions contained in this section.
People Also Read: Law of Contracts
Conditions for a Hindu marriage.—
A marriage may be solemnized between any two Hindus, if
the following conditions are fulfilled, namely:—
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party—
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from a 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 1
(iii) the bridegroom has completed the age of 2 [twenty-one years] and the bride, the age of 3 [eighteen years] at the time of the marriage;
(iv) 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;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
Ceremonies for a Hindu marriage.—
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
Registration of Hindu marriages.—
(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.
(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained, and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.
(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.