MARRIAGE IN THE INDIAN SOCIETY

THE PREVAILING SYSTEM

Alfred Mc Clung Lee writes “Marriage is the public joining
together, under socially specified regulations of a man and
women as husband and wife”
Marriage is an important social institution. It is a relationship,
which is socially approved. The relationship is defined and
sanctioned by custom and law. This legitimacy is important in
the matter of inheritance and succession. It is more or less, a
universal social institution in India.

The religious texts of many communities in India have outlined

the purpose, rights and duties involved in marriage. Among
Hindus, for instance, marriage is regarded as a socio- religious
duty. Ancient Hindu texts point out three main aims of
marriage. These are dharma (duty), praja (progeny) and rati
(sensual pleasure).

That is to say that marriage is significant from both the societal

as well as the individual’s point of view. Marriage, in the Hindu
system, enables a man to enter into the stage of a
householder. Both a man and a woman are regarded
incomplete without marriage.
Today, marriage is still considered important and necessary,
and only few individuals remain unmarried by choice.

Goals of marriage are, however, undergoing changes especially

for the urban and educated sections of the population. The
older notions regarding large size family are being replaced by
preference for small size family. Marriage for self-fulfillment
rather than primarily for procreation or societal welfare is also
becoming prevalent.

Hindu Marriage : A Sacrosanct

Sociocultural factors are the larger scale forces

within cultures and societies that affect the thoughts, feelings
and behaviours. Adding further variety to contemporary Indian
 culture are rapidly occurring changes affecting various regions
and socioeconomic groups in disparate ways.

Patriarchal attitudes determine the widely prevalent dual

standards in Indian Society and people believe marriage is a
fundamental right of every person and it is the duty of parents
to marry their children.
The traditional forms of marriages like polygamy and polygyny
are not found any were, and they are legally prohibited in India.
Only monogamous marriages are universally practiced. In
traditional societies the primary objective of marriage is
‘dharma’ or duty; especially among Hindus. But today the
modern objective of marriage is more related to ‘life-long
companionship’ between husband and wife.
Increasing female education, employment opportunities for
women created awareness among the
women. They also sought chance of becoming “free” from the
authoritarian hold of the joint family.

Parents do not take an active role in the selection of life

partners of their children. The practice of
young men and women selecting their life partners by
themselves is becoming popular today.
Much importance is given to individual interests, preferring and
considering rather than to family
considerations. This trend is reflected in the increase in the
instance of love marriages.

Hindu Marriage
• In Hindu society, marriage is an important Sanskar, a religious
duty which every person should perform. The main objectives
behind the Hindu marriages are,
• Performance of religious duty – Dharma
• Giving birth to children – Praja
• Pleasure – Rati
• Hindu Marriage as a Sacrament
• Hindu marriage is considered to be a sacrament which purifies
a person and is performed before the sacred god Agni and is
solemnised by a Brahmin. In Hindu texts, there are not any
 provisions or mentions on divorce. At the time of marriage,
mantras are recited, and the couple take oaths.

TYPES OF HINDU MARRIAGE

• From the days of Grihas Sutra, Dharma Sutra and Smritis the
forms of marriage are said to be eight. But according to
historical point of view there were more prevalent forms than
eight. It is believed that the other forms of marriage, apart
from the eight forms of marriage as ordained by the
sastrakaras, were based on custom and convenience of 18
people. N. C. Sengupta believes that inferior forms of marriage
might have been adopted in the Aryan society form non-Aryan
sources. However, the smriti recognized eight modes of
obtaining a maiden as one’s wife and these have come to be
known in Hindu law as the eight forms of marriage.
• Manu, the great Hindu law giver, has mentioned eight forms of
Hindu marriage, viz, Brahma, Daiva, Arsa, Prajapatya, Asura,
Gandharva. Rakksash and Paisacha. Prior to the enactment of
Hindu Marriage Act, there were eight forms of marriage, four
approved and four unapproved. This was owing to the large
extent over which the Hindu society was spread and the
dissimilar elements of which it was composed.
• EIGHT TYPES OF HINDU MARRIAGE
• Brahma marriage: According to the Brahma marriage, a boy is
eligible to get married, once he has completed his
Brahmacharya (student hood) . Parents, who search for a bride
for their son, would consider the family background of the girl,
whom he is going to marry. On the other hand, the bride՚s
father would ensure that the boy has acquired knowledge of
the Vedas. This is how a Brahma marriage was arranged. There
was no system of dowry. Among the eight types of marriage,
brahma marriage holds a supreme position.
• Daiva Marriage: In this type of marriage, the girl՚s family waits
for a particular time, to get her married. If they do not find a
suitable groom for their daughter, then they would marry her
off to places, where sacrifices are conducted. In this case, the
girl is generally married to a priest, who conducts sacrifices.
According to the sastras, Daiva marriage is considered inferior
 to Brahma marriage, because it is considered degrading for the
womanhood.

CONDITIONS OF INVALID MARRIAGE

• Under Section 5 of the Hindu Marriage Act, 1955 states that
neither party-
• (a) is unable of providing legitimate consent to the marriage
due to insanity
• (b) is incapable of giving valid consent to the marriage due to
insanity.
• (b) although being capable of providing valid consent, has been
suffering from a mental illness of such a nature or extent that
he or she is unsuitable for marriage and childbearing; or
• (c) has suffered from recurring fits of lunacy.
• DIVORCE
• In Ancient times, the concept of divorce was not known to
anyone. They considered marriage as a sacred concept.
According to Manu, the husband and wife cannot be separated
from each other, their martial tie cannot be broken. Later the
concept of divorce came in the picture and established as a
custom to put the marriage to an end.
• According to the Arthashastra, marriage can end if dissolved by
mutual consent and should be unapproved marriage. But Manu
does not believe in the concept of the dissolution. According to
Manu the only way to end the marriage is the death of one of
the spouses.
• The provision related to the concept of divorce was introduced
by the Hindu Marriage Act, 1955. The Hindu Marriage Act
defines divorce as a dissolution of the marriage. For the
interest of the society, the marriage or the marital relationship
needs to be surrounded by every safeguard for the cause
specified by law. Divorce is permitted only for a grave reason
otherwise given other alternative.
• CONCLUSION
• The Hindu Marriage Act, 1955 provides various provision
regarding divorce. The Hindu Marriage Act defines “Divorce as
a Dissolution of Marriage”. The main three theories related to
divorce are Fault Theory, Mutual Consent Concept, and
irretrievable theory. In India, the Fault theory works in the
 matter of the divorce. Under this theory, marriage can be
ended when one of the spouses is responsible or liable for the
offence under matrimonial offences. The innocent spouse can
seek the remedy of divorce. Under the Hindu Marriage Act, the
basic grounds on which the Hindu women can seek the remedy
of divorce are Adultery, Desertion, Conversion, Leprosy, Cruelty
etc. But many philosophers criticise the concept of Divorce. The
Hindu married women can also apply for the maintenance
under section 125 of the Criminal procedure code. So the
spouse who is innocent can approach the court and can seek
the remedy of divorce.

Sacramental character applies in a Hindu marriage:

1. The ceremonies of the Hindu marriage additionally mirror its
hallowed character.
There are sure ceremonies which must be performed for union to
be finished. The fundamental customs
are homa, offering of the hand of the lady of the hour and
saptapadi, the lady of the hour and spouse
going seven stages together.
2. Every one of these customs are performed by a Brahmin within
the sight of the consecrated fire and are joined by the Vedic
Mantras The Hindus lay such a great amount of accentuation on
these ceremonies that when any of these rituals are not
appropriately played out, the marriage might be legitimately
addressed.
3. The Hindu marriage is additionally viewed as a ceremony in
another sense. A Hindu male experiences the exhibition of a few
holy observances over a mind-blowing span. These start with the
laying of hatchling and end with the incineration of his body.
Additionally, marriage is supposed to be basic for ladies since that
is the main ceremony performed by them.
4. The holy idea of the Hindu marriage suggests that as marriage
is supposed to be hallowed it is unalterable, the gatherings to the
marriage can't break up it freely. They are bound to one another
until the passing of both of them; and the spouse should be
bound to her better half much in the afterlife. After the
solemnization of marriage, the couple is respected to be one
character and as a result of that reason the gotra of the wife
converges into the status and character of the husband.
“In the past the association was considered so holy that the
disintegration of marriage brought about by reasons other than
death was viewed as in opposition to the law of God and nature”
■ Legal aspect of hindu marriage act 1955:
1. In Dhanjit Vadra v. Beena Vadra, AIR 1990 Del. 146 at 151 the
Court cited observations Of a division bench of the Andhra
Pradesh High Court: Section 13-B radically altered The legal basis
of a Hindu marriage by Treating it as an ordinary form of contract
Which competent parties can enter into and Put an end to like any
other contract by Mutual consent.
2. In Purushottamdas v. Purushottamdas, 21 Bom 23 case, the
Court observed that the Marriage of Hindu children is a contract
Made by their parents.
3. In Bhagwati saran Singh v. Parmeshwari Nandar Singh 1942 ILR
All 518 case, the Court held that a Hindu marriage is not only A
sacrament but also a contract.
4.In Muthusami v. Masilamani 33 Mad 342 Case observed that
marriage, whatever else It is, i.e. sacrament, and institution, is
Undoubtedly a contract entered into for Consideration, with
correlative rights and Duties. “ So, it can be concluded that
though Hindu marriage has some of the elements of a contract, it
is not purely a contract. It is more of a sacrament as Hindu
marriage is a holy and eternal union of two bodies.
Recent Trends & Factors affecting Hindu Marriage
Marriage is considered to be sacred institution in India. It is a
“Sanskara” or purificatory ceremony obligatory for every Hindu.
Marriage, according to Hindu beliefs are made in heaven, and
once you are married, the bond is supposed to last for seven
lifetimes. It is considered to be a turning point in an individual’s
life as he enters the second important phase or ashram of his life-
the “Garhasthyaashram”. Hindu religious books have enjoined
marriage as a duty because an unmarried man cannot perform
some of the most important religious ceremonies.
With all the above in consideration, due to the
Influence of western culture and education. The
Hindu Marriage system has undergone some
Changes.
*Marriage is not held as compulsory
In the Hindu society formerly marriage was considered to be
absolutely compulsory for both males and females. Accorording to
Hindu Scriptures, a person who does not beget a son through
marriage cannot attain heaven. No man could perform ‘yajna’
without a wife. But, due to the influence of the western culture,
many males and females do not consider marriage necessary. The
educated men and women do not believe in the ancient religious
values and therefore do not consider marriage to be necessary.
*The Opposition of Child Marriages
In medieval India, the custom of child marriage was very much in
vogue. After the passing of the Sarada Act, child marriage have
become illegal. Another factor leading to the restriction of child
marriage in Hindu society is a tremendous increase in women’s
education. The boy do not marry early because of late settlement
in career.
*Love Marriage
In India, love marriages started becoming popular in urban areas
in 1970s. Initially, love marriages occurred between acceptable
communities. Love marriage now commonly transcend ethnic,
community and religion barriers.
In a 2012 survey conducted by Ipsos for the TV channel NDTV,
74% of the respondents said that they preferred an arranged
marriage. In 2010, the National Commission for Women (NCW)
released a report stating that it had documented 326 cases of
honour killing in the past year, majority of which were due to
inter-caste marriages.
In a 2014 survey conducted by the United Nations Population
Fund and International Center for Research on Women, 11.7% of
men and 8.5% of women surveyed claimed that they chose their
partners and married with or without the consent of their families.
The boundaries between the two types have started to blur. The
term love-arranged marriage is used to describe a new emerging
form of marriage which contains elements of both arranged
marriage and love marriage. Love marriages are seen as
imposition of the younger generation's will over the older
generation's wishes.
*Live-In Relationships
More and more couples are going in for live-in relationships, from
every class of society are choosing to live together for various
personal or social reasons. Some say that they need to know each
other better before they tie the nuptial knot. Others live together
due to circumstances such as work requirements or for saving
money by keeping one house rather than two. Lastly, young men
and women live together because they no longer believe in the
traditional reason or sanctity of marriage.
Conclusion
As society has advanced the Hindu Marriage has gone through
various changes. Even values attached to it have changed
tremendously. Individuals now are selecting their mates according
to their own requirements. Many are not getting into matrimonial
alliance due to some problems.
The Marriage in India are governed by the different laws made by
their respective communities like the Hindu Marriage Act for
hindus. The provision of divorce has also helped many people to
come out of their marriage. Thus, as believed Hindu marriage is
no more indissoluble.
The impact of legislative measures on the family system cannot
be ignored. Prohibition of early marriage and fixing the minimum
age of marriage by the child marriage Restraint Act, 1929, and
the Hindu Marriage Act, 1955 have lengthened the period of
education. The freedom of mate- selection and marriage in any
caste and religion without the Parent’s consent after certain age
permitted through by the special Marriage Act, 1954. Other
legislations such as the Widow Remarriage Act, 1856, Hindu
Marriage Act, 1955, Hindu succession Act, 1956, all have modified
inter personal relations within the family, the composition of the
family and the stability of the joint family.
Legislative provision for divorce and widow remarriage have also
changes the existing systems for the good
Divorce is the most obvious symptom of family disintegration.
Economic freedom, new life style, new
Ideals, together create an idea of free life. Divorce is a legal
remedy available to parties along
with other remedies like annulment of marriage, Restitution of
conjugal rights etc.
Social practices and evils, like dowry have been declared illegal
by legislative policy.
These laws are supposed to be followed by all people, including
those who had been
violating society's prescribed code of conduct. Thus, the law can
only be effective if the
society accepts it and takes firm measures for its implementation
The Judiciary also has been at the forefront of protecting
individual freedom along with the
sanctity of marriage. It has also laid down the norms regarding
relations arising out or because
of marriages like alimony, maintenance, custody , adoption etc.

MUSLIM MARRIAGE

Nature of Muslim Marriage

Muslim marriage, also known as Nikah, is a sacred and legal
contract between a man and a woman that is recognized by
Islamic law. Nikah is a religious and social institution that aims to
create a bond between two individuals that is based on mutual
respect, love, and understanding. In Islam, the main goal of
marriage is to have children (procreate) and give them a place to
grow up where they can feel safe and cared for. People also
believe that marriage can bring spiritual satisfaction and make a
person closer to God.

Scope of Muslim Marriage

In terms of scope, Nikah is a comprehensive agreement that

covers the rights and obligations of both partners. It has rules
about paying dowry, what the husband and wife are responsible

for, and how to get a divorce. In the Nikah contract, Islamic law
stresses how important it is that both parties agree and are free
to do what they want. Because of this, both parties must agree
voluntarily to the terms and conditions of the contract for it to be
legal. The nature of

Muslim marriage is one of mutual responsibility, respect, and

cooperation between partners. Both parties have rights and
responsibilities in the marriage contract. Men are expected to
provide financial support to their wives and children, while women
are responsible for the care and upbringing of their children and
the maintenance of the household. In addition, both partners are
expected to treat each other with kindness, compassion, and
love.

Difference between Hindu and Muslim Marriage

Hindu and Muslim marriages differ in their rituals, customs, and

legal requirements. Here are someof the key differences between
the two:

Marriage Ceremony:
The Hindu marriage ceremony takes a long time and includes
many rituals and traditions, such as Kanyadaan, Saat Phere, and
Sindoor. In contrast, the Muslim marriage ceremony is fairly
simple and straightforward, consisting of prayers and an
exchange of vows.

Legal Requirements

Hindu marriages do not have to be registered with the

government, but Muslim marriages must be registered with the
government in order to be valid. Muslim marriage is in the form of
an agreement.

Polygamy:

Muslim men are allowed to have up to four wives at a time,

whereas Hindu marriages are monogamous, with one man and
one woman being united in matrimony.

Divorce:

Both Hindu and Muslim marriages allow for divorce, but the steps
and requirements are different. In Hindu marriages, divorce is
granted through court proceedings, while in Muslim marriages, a
man can divorce his wife by saying “Talaq” three times.

Dowry:

Dowry, the payment of a sum of money or other assets from the

bride’s family to the groom’s family, is not practiced in Muslim
marriages. However, it is a common practice in Hindu marriages,
even though it is against the law in India.

In Islam, marriage is seen as a legal contract between two people

who agree to it. It spells out each person’s rights and
responsibilities towards the other. This contract is called a “nikah”
and is typically overseen by an Islamic religious authority or a civil
judge, depending on the country and culture. The concept of
marriage as a contract in Islam is based on the idea that marriage
is a serious and binding commitment that should be entered into
with full understanding and intention. The contract outlines the
terms of the marriage, including the rights and responsibilities of
both parties, any financial arrangements etc. The contract can
also include conditions and provisions that are important to the
couple, such as custody of children or inheritance arrangements.

In Hinduism, marriage is considered a sacred union between two

individuals and is often accompanied by religious ceremonies and
rituals. Unlike in Islam, Hindu marriage is not considered a legal
contract but rather a spiritual bond between two souls.
However, there are legal procedures and requirements that must
be followed in order for a Hindu marriage to be recognized by the
state, such as obtaining a marriage certificate. The ceremony
itself involves a series of rituals and customs, such as the
exchange of garlands and the tying of the mangalsutra (sacred
necklace), which symbolizes the couple’s commitment to each
other. The ceremony is usually performed by a Hindu priest and is
considered a sacred and joyous occasion for both families.

Overall, while both Hindu and Muslim marriages share the

common goal of uniting two people in matrimony, they differ in
their religious beliefs, customs, legal requirements, and social
practices.

Essential Conditions of a Muslim Marriage

There are several essential conditions that must be met for a

Muslim marriage to be valid:

Consent:

Both the bride and groom must freely and willingly consent to the
marriage. In Islam, forced marriage is not allowed.
Witnesses:

At the time of the marriage contract, at least two Muslim

witnesses must be present to confirm the marriage.

The offer and acceptance

The bride and groom, or their representatives, must verbally
agree to marriage, with the groom offering and the bride
accepting.

Mahr:

A mahr is a gift that the groom must give to the bride at the time
of the marriage. It is a symbol of his commitment to her, and it
becomes her property.

Legal capacity

Both the bride and groom must have the legal capacity to marry.
This means they must be mentally and physically mature and not
already married to someone else.

The absence of any legal impediments:

The marriage must not be prohibited by Islamic law. For example,

a Muslim man cannot marry a non-Muslim woman, and a Muslim
woman cannot marry a non-Muslim man. The marriage must be
officiated by a person with the right to do so, like an imam. This
person will make sure that all of the other requirements have
been met. It is important to keep in mind that, even though these
conditions must be met for a Muslim marriage to be legal, they
may be a little different depending on the culture or law where
the marriage takes place.

CLASSIFICATION OF MARRIAGE

Sahih (valid) marriage Sahih marriage, also known as Nikah, is the

most common kind of marriage under Muslim law. It is considered
the only valid and lawful form of marriage, as it is in accordance
with the principles of Islam. In a Sahih marriage, the parties enter
into a permanent and stable union, with the intention of living
together as husband and wife for the rest of their lives. The
marriage is based on mutual consent and the parties are free to
negotiate and agree upon the terms and conditions of the
marriage.

Characteristics of Sahih Marriage

It is a permanent and stable union, which is intended to last for
the rest of the parties’ lives.

It is based on mutual consent and agreement and both parties

must freely and voluntarily consent to the marriage.

The marriage must be conducted in accordance with the

principles of Islam, which include the presence of witnesses, the
payment of a dower (mahr) to the wife, and the recitation of
certain formulae.

Legal Requirements

A proposal made by one party and accepted by the other.

The marriage takes place in front of witnesses. Under Sunni law,

the presence of two males or one male and two females who are
sane, adult, and Muslim is required. Under Shia law, the presence
of witnesses is not essential at the time of marriage. The proposal
and acceptance take place in the same meeting. The parties are
capable of marrying, meaning they should be of sound mind and
at the age of puberty. According to Hedaya, the age of puberty for
girls is nine years, and for boys is 12 years.

The parties are capable of giving free consent. In the case of

minors or lunatics, the consent of a guardian on their behalf is
admissible.

There should not be any legal disability, whether absolute

(consanguinity, affinity, foster age) or temporary (unlawful
conjunction, polygamy, absence of proper witnesses, marriage
with a woman undergoing iddat, different religions).

Consequences

After fulfilling all of these conditions, the marriage becomes valid,

meaning it gives rise to mutual duties and obligations that the
husband and wife must follow during the course of their marriage.
Sexual intercourse becomes lawful and children born out of a
valid marriage are considered legitimate.
The parties become entitled to inherit each other’s property and
the wife is entitled to dower and is obligated to observe iddat in
case of dissolution of marriage or death of the husband.

Batil Nikah

A void marriage, also known as a Batil Nikah, is a marriage that

fails to meet the necessary conditions for a valid marriage. In
such a marriage, no legal rights or obligations are recognized. The
following types of marriages are considered void:

• Marriages between parties who are closely related by blood

• Marriages that are prohibited by reason of affinity.

• Marriages with a foster mother or foster sister. Sunni law

recognizes an exception for marriages with the foster mother of
one’s sister or foster sister’s mother, foster son’s sister, or foster
brother’s sister.

• Marriages with a woman who is undergoing iddat (the period of

waiting after the divorce order of the husband) under Shia law.

• Marriages with a fifth wife.

• Marriages with someone else’s wife, provided her marriage is

still valid.

Consequences

The consequences of a void marriage are that it does not confer

any legal obligations or rights on the parties involved. The wife is
not entitled to dower or maintenance and any children born out of
the marriage are considered illegitimate and have no right to
inherit property. The

parties are not required to follow legal divorce procedures and

can simply separate and marry someone else without any legal
formalities.

Fasid Nikah
An irregular marriage, also known as a fasid marriage, is
considered an invalid marriage because it does not fulfill all of the
necessary conditions for a valid marriage. However, this type of
marriage in Islam can be converted into a valid marriage by
removing the irregularities. The concept of irregular marriage is
recognized only under Sunni law, as Shia law does not offer a
middle path between valid and void marriages. Under Sunni law,
the following marriages may be considered irregular:

Marriage without witnesses. The parties may remarry in the

presence of witnesses to make their marriage valid.

Marriage with a fifth wife. It will be valid if the husband divorces

one of his four wives and then marries the fifth one.

Marriage with a woman in her iddat period. The marriage will be

valid if contracted after the expiration of the iddat period. If an
irregular marriage has been consummated, the wife is entitled to
dower and must undergo iddat under Islamic Law. The children
born from such a marriage are legitimate. If the irregular
marriage has not been consummated, the wife is not entitled to
dower and the parties can separate without legal formalities.

Temporary Marriage (Muta Marriage)

Muta marriage is a temporary marriage contract that is prevalent

in Shia Islam, although it is not recognised by Sunni Muslims. This
kind of Muslim marriage is a fixed-term marriage contract that
specifies the length of the marriage, which can range from a few
hours to several years. The marriage is automatically dissolved
when the term of the contract expires, without the need for a
formal divorce. The main significance of Muta marriage is that it
provides a way for individuals to engage in atemporary marital
relationship without violating Islamic law. In situations where a
permanentmarriage is not feasible, such as when a man is
travelling or when a woman is in need of financialsupport, a
temporary marriage can be a solution.It is important to note that
Muta marriage is not considered equivalent to permanent
marriage and the rights and responsibilities of the parties to a
Muta marriage are different from those in a permanent marriage.
Legal Requirements for a Valid Muta Marriage

For a Muta marriage to be valid under Muslim law, certain legal

requirements must be met. These include:

Consent: Like all other forms of marriage under Muslim law, the
parties to a Muta marriage must have the capacity to consent to
the marriage. This means that they must be of sound mind, free
from coercion, and must have reached the age of puberty.

Offer and Acceptance: The marriage contract must be made

through an offer and acceptance by the parties involved. The offer
must be made by the man and the acceptance must be made by
the woman.

Mahr: The man must pay a fixed amount of money or property to

the woman as a gift or dowry. This is known as the Mahr and it is
a mandatory requirement for all types of Muslim marriages.

Witnesses: Like all other types of Muslim marriages, the Muta

marriage must be witnessed by two male witnesses or one male
and two female witnesses who are of sound mind and of Muslim
faith.

Characteristics

There are some specific characteristics of Muta marriage that

distinguish it from other forms of marriage under Muslim law.
These include:

Fixed-term contract: The marriage is for a specified period,

which is agreed upon by the parties involved.

No automatic right to inheritance: Unlike permanent

marriages, the parties to a Muta marriage do not have an
automatic right to inherit from each other.

No automatic custody of children: The mother does not have

an automatic right to the custody of any children born out of the
Muta marriage.
Criticisms and Controversies Surrounding Muta Marriage

Muta marriage is a controversial practice that has been criticised

by some Muslim scholars and human rights groups. Some of the
criticisms and controversies surrounding Muta marriage are:

Morality: Critics argue that temporary marriages violate the

Islamic concept of morality and decency.

Exploitation: Some critics argue that Muta marriage can be a

form of exploitation of vulnerable women, especially those in
need of financial support.

Legal status: Muta marriage is not recognized by the Indian

legal system, which means that women in Muta marriages may
not have legal protection if they face abuse or violence.

Effects of a Valid Marriage:

The following are the legal consequences of a legitimate (Sahih)

marriage:

1. The husband and wife's cohabitation is recognized as legal.

2. Children born from a legal marriage are legitimate and have
the right to inherit their parent's assets.
3. Inheritance rights are created for both the husband and the
wife. That is, after the husband's death, the wife is entitled
to inherit the husband's property, and after the wife's death,
the husband is also entitled to inherit her property.
4. A prohibited marriage relationship is established between
the husband and wife, and each of them is prohibited from
marrying the other's relations under prohibited degrees.
5. The wife's right to dower is completely established only after
the marriage is completed.
6. With immediate effect, the marriage grants the wife the right
to maintenance from her husband.
7. After the dissolution of the marriage, the widow or divorced
wife is required to observe the Iddat, during which time she
is not permitted to remarry.
 8. Under Muslim law, a woman's legal status is unaffected by
marriage. Her personality is distinct from her husband's.
Even after marriage, a wife remains a member of the same
school of law of which she was a member before the
marriage. That is, if a Shia woman marries a Sunni, she
retains her Shia status and is subject to Shia law after the
marriage. Both the husband and wife have the right to buy
and sell their property on their own.

Legal Effects of Void Contract

The following are the most important social and legal

ramifications of a void marriage:

1. The marriage is void ab initio, which means that it is void

from the very first day of the marriage, even though it is
consummated.
2. A void marriage does not give the parties any civil rights or
bind them to any legal obligations.
3. The right to obtain maintenance after divorce is lost if the
marriage is found to be invalid.
4. If any children are born from a void union, they are
considered illegitimate and have no right of succession or
inheritance.
5. In the case of void marriages, the partners are not required
to receive a divorce decree. They will simply split up without
having to go through any legal wrangling.

VOID MARRIAGES
Section 11 of Hindu Marriage Act,1955 lays down three
grounds of void marriagesVOIDABLE MARRIAGES
Section 12, Hindu Marriage Act, 1955 lays down four
grounds of voidable marriages which are available in respect
to both the pre-Act and the post –Act marriages.

A void marriage is no-marriage. It is a marriage which does

not exist from its beginning No legal consequences flow from
a void marriage

In respect of void marriage, no decree of court is necessary

A void marriage does not give rise to mutual rights and
obligations

A void marriage is no-marriage. It is a marriage which does

not exist from its beginning

GROUNDS OF VOID MARRIAGES

That at the time of the marriage, either party has a

spouse living. In other words, a bigamous marriage is void.

The parties are sapindas to each other

The parties are within the prohibited degree of

relationships

There are two other cases in which a marriage is void.

First, if proper ceremonies of marriage have not been
performed, and secondly , if a marriage has been
performed in violation of the requirement of Section
15 of Hindu Marriage Act,1955