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Journey Of Marriage Laws After Republic
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Republic Day is the day to represent the true spirit of the independent India. Republic Day honors the date on which the Constitution of India came into force on 26 January 1950, replacing the Government of India Act (1935) as the governing document of India. The main Republic Day celebration is held in the national capital, New Delhi, at the Raj path before the President of India. On this day, ceremonious parades take place at the Raj path, which are performed as a tribute to India. After republic we got recognition as an independent and got rights to live our life with own desires.
India comprises of Billions of people with different religions. Each religion people show their differences only in the way of their religious beliefs and practices. Other than religion, people are same with equal opportunities. We can see their religious beliefs and practices through their style of Marriages. People reached their life time happiness in their marriages only. But in India before independence and republic, people suffered from so many sins in their life especially in marriages. Some are
• Child Marriage
Even though people have got their marriage Acts before republic they still facing so many problems. Our freedom Fighters sought to eradicate these from people life especially Mahatma Gandhi and Jawaharlal Nehru. As a result, we got republic and democratic India. Then government decides to bring constitutions for Marriages. Also ruled out some terms and conditions. That is the legal age for marriage is 18 years for Girls and 21 years for boys. In 1954 Special Marriage Act ruled out to provide a special form of marriage, to provide a registration of certain marriages and to provide for divorce for the people of India.
In 1955 - Hindu Marriages Act to amend and codify the law relating to marriage among Hindus. A marriage may be solemnized between any two Hindus. At the time of the marriage, the bridegroom should have completed the age of twenty one years and the bride must be completed the age of eighteen years. Also Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire, then marriage becomes complete and binding when the seventh step is taken. For the purpose of facilitating the proof of Hindu marriages state government make out rules to register their marriages with appropriate particulars in the register office. This act also gives the freedom to the married people to get divorce mutually. After that, in 1967- Hindu Amendment Act came to perform suyamariyathai or seerthirutha Marriages. That is the two Hindus may solemnized infront of friends or any other persons by either putting a ring upon any finger of the other or by exchanging the marriage garlanding the other or by tying the thali.
In 1872- Christian Marriage Act governed by the Christian Law of Marriage in India. Marriages under the Act may be solemnised in India by any person who has received episcopal ordination, provided that the marriage be solemnised according to the rules, rites, ceremonies and customs of the Church of which he is a Minister; or by any Clergyman of the Church. If the persons intending marriage under this Act desire it to be happen in a particular Church, and if the Minister of Religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such Church. After the issue of the certificate by the Minister, Marriage ceremony get performed in the presence of at least two witnesses besides the Minister. Then marriage get registered and enrolled in both the certificate and the marriage register-book shall be signed by the person by or before whom the marriage has been solemnised. Under the Special Marriage Act, 1954 two people who are Christian and non - Christian can get Marry. This Act also provides a mutual divorce provision.
In 1957 - Islam Marriages Act two people get solemnised who are Muslims with legal age. Marriage or "Nikah" in Islamic law is a contract pure and simple needing no writing and no scared rites. All that is necessary is offer and acceptance made in the presence and hearing of two male or female witnesses and recording the factum of marriage in the "Nikah" Register maintained in every mosque signed by the parties and attested by witnesses. In 1961 – Muslim Marriage and Divorce Act came for the provision of mutual divorce (Talaq-e-Mubaraat) and get register their marriages with the registrar General or qazi who the managing committee of a Mosque.
Facts to Know:
• Converts' Marriage Dissolution Act, 1866
• Indian Divorce Act, 1869
• The Indian Christian Marriage Act, 1872
• Births, Deaths and Marriages Registration Act, 1886
• Marriages Validation Act, 1892
• Dissolution of Muslim Marriages Act, 1939
• Special Marriage Act, 1954
• Hindu Marriage Act, 1955
• Hindu Marriages (Validation of Proceedings) Act, 1960
• Muslim Women (Protection of Rights on Divorce) Act, 1986
• Commission of Sati (Prevention) Act, 1987
• Prohibition of Child Marriage Act, 2007
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