Marriage holds a crucial role in societal organization, establishing the foundation for significant legal rights and responsibilities. In Hindu law, marriage is considered a sacred sacrament, reflecting the voluntary union for life between one man and one woman, excluding all others. The Hindu Marriage Act of 1955, through Section 5 clause (i), mandates monogamy among Hindus, emphasizing that neither party should have a living spouse at the time of marriage.
For a marriage to be valid, both individuals must be single, divorced, widowed, or widowers. The Supreme Court, in Bhaurao Shankar Lokhande v. State of Maharashtra, highlighted the necessity for a valid marriage for legal implications, stating that if a marriage is not valid according to applicable law, the question of it being void does not arise.
Additionally, Section 13 (2) of the Act outlines grounds for divorce, allowing a wife to seek dissolution if the husband remarries or if another wife was alive during the petitioner’s marriage, provided she is alive when the divorce petition is presented.
Question & Answer for Hindu Marriage Act
Question: Can Mr. A, a 40-year-old Hindu man, face legal consequences under Hindu law for declaring Ms. C, a 22-year-old Christian colleague, as his wife on April 8, 2020, despite being married to Ms. B, a 36-year-old Hindu woman?
(A) Mr. A is exempt from the charge of bigamy since Ms. C follows the Christian faith.
(B) Mr. A may be held liable for bigamy as the act of making a declaration alone is considered a form of solemnisation.
(C) Mr. A is not culpable for bigamy since he has not formally solemnised his marriage with Ms. C.
(D) Mr. A could face bigamy charges as it is alleged that there was no genuine intention to marry.
Correct Option: C
Question: What is the accurate meaning of the term ‘solemnise’ in Hindu law?
(A) Solemnisation means celebrating the marriage with proper customary rites and ceremonies of either party to a marriage.
(B) Solemnisation includes and means promising each other a lifetime of happiness.
(C) Solemnisation is not necessary in modern marriages when registration of marriage is complete.
(D) Solemnisation is a mere formal practice and not a mandate.
Correct Option: A
Question: What is an incorrect statement about the Hindu practice of monogamy?
(A) Monogamy is traditionally defined as a social and legally recognized union between a man and a woman.
(B) The concept of monogamy as a legal requirement underwent significant changes after 1955.
(C) The law states that a second marriage during the existence of a valid first marriage is considered void.
(D) Notably, if a husband enters into a second marriage while the first one is still valid, it is not deemed an offense. However, the same act is considered an offense if committed by a wife.
Correct Option: B
Question: Which statement regarding the remedy under Section 13 of the Hindu Marriage Act, 1955, is not applicable?
(A) The object of the Section was to provide an opportunity to the wife in the form of remedy of divorce.
(B) The introduction of this ground of divorce is unnecessary as it disturbs the sanctity of marital institution.
(C) A remedy is only available under this Section if the husband has the other wife living.
(D) The living status of either spouse is immaterial to claim the remedy.
Correct Option: B
Question: Can Ms. Q file a complaint for bigamy against Mr. P, who, at 28, converted to Islam to marry Ms. N, a 30-year-old Sunni Muslim, while legally married to Ms. Q, a 26-year-old Hindu?
(A) Yes, Ms. Q can file a complaint subject to the approval by Ms. N.
(B) No, Ms. Q cannot file a complaint as it defeats the very purpose of her marriage with Mr. P.
(C) No, Ms. Q cannot file a complaint as Mr. P converted to another religion and the offence of bigamy will only be attracted when the parties are Hindus.
(D) Yes, Ms. Q has the remedy of filing a complaint for the offence of bigamy.
Correct Option: D
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