Hindu Marriage Act, 1955Advocate Tanwar

Introduction

The Hindu Marriage Act, 1955 (“the Act”) is a landmark legislation that codified the law relating to marriage among Hindus. While it lays down a uniform legal framework for solemnization, validity, and dissolution of Hindu marriages, the Act consciously preserves the relevance of customs and usages which have historically played a central role in governing matrimonial relations. Hindu law, being largely customary in origin, recognizes that local practices, rituals, and traditions vary across regions, castes, and communities. The Act, therefore, accommodates customs as a legitimate source of law, provided they meet certain legal standards.

This article examines the role of customs under the Hindu Marriage Act, its statutory recognition, judicial interpretation, and contemporary relevance.

Statutory Framework under the Hindu Marriage Act

  1. Definition of “Custom” and “Usage” (Section 3(a))
    The Act defines custom and usage as rules which have been continuously and uniformly observed for a long time, obtaining the force of law among Hindus in any local area, tribe, community, group or family. For recognition, the custom must be:
    • Certain and not unreasonable;
    • Not opposed to public policy;
    • In cases of family customs, not discontinued.
  2. Conditions for a Valid Hindu Marriage (Section 5)
    While the Act prescribes essential conditions for marriage such as monogamy, soundness of mind, minimum age, and prohibited degrees of relationship customs are recognized in two important exceptions:
    • Degrees of prohibited relationship (Section 5(iv)): Marriage between persons within prohibited degrees is void unless the custom governing each permits such a marriage.
    • Sapinda relationship (Section 5(v)): Marriage within sapinda relationship is void unless a valid custom permits it.
  3. Solemnization of Marriage (Section 7)
    A Hindu marriage must be solemnized in accordance with customary rites and ceremonies of either party. Importantly, the saptapadi (seven steps before the sacred fire) is a recognized form, but the Act acknowledges that other community-specific customs may suffice for valid solemnization.
  4. Restitution and Nullity
    Customary practices are relevant even in cases of restitution of conjugal rights or annulment, where validity of marriage may be contested based on performance or recognition of customary ceremonies.

Judicial Recognition of Customs

Indian courts have repeatedly emphasized that customs, though preserved under the Act, must be strictly proved. The burden of proof lies on the party asserting the existence of a custom. Some key precedents are:

  • Bhaurao Shankar Lokhande v. State of Maharashtra (AIR 1965 SC 1564): The Supreme Court held that a marriage is not valid unless solemnized in accordance with customary rites and ceremonies. A mere living together as husband and wife does not constitute marriage under the Act.
  • Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (AIR 1988 SC 644): The Court reiterated that proof of valid custom is essential for recognition of a marriage not performed through standard ceremonies.
  • Subramani v. M. Chandralekha (AIR 2005 SC 485): The Court clarified that customary marriages must be specifically pleaded and proved, and vague references to customs are insufficient.

Thus, while the Act protects customs, judicial scrutiny ensures they are genuine, certain, and not opposed to statutory provisions or public policy.

Limits on the Role of Customs

The Act does not give unrestricted primacy to customs. Recognition is subject to important limitations:

  1. Customs cannot override statutory prohibitions: For example, the condition of monogamy under Section 5(i) is absolute, and no custom validating bigamy can be recognized after the Act.
  2. Public policy restrictions: Customs that are immoral, oppressive, or contrary to gender justice (e.g., certain dowry practices) cannot be enforced.
  3. Burden of proof: Courts require clear, specific, and consistent evidence of custom, preventing fraudulent or vague claims.

Contemporary Relevance

In modern society, codified law has largely standardized Hindu marriages, reducing the dominance of customs. Yet, customs continue to play an important role in:

  • Ceremonial diversity: Different communities retain distinct rituals such as Arya Samaj marriages, Sikh Anand Karaj, or tribal practices which remain valid under Section 7.
  • Prohibited degrees and sapinda rules: Communities continue to marry within relationships otherwise prohibited by statute, but permissible under their custom.
  • Recognition of family traditions: Certain matrilineal or community-based practices still hold legal value where proved.

However, with increasing urbanization, inter-caste marriages, and recognition of individual rights, the influence of customs is gradually narrowing, being confined mainly to ritual and ceremonial aspects rather than substantive matrimonial rights.

Conclusion

The Hindu Marriage Act, 1955 strikes a delicate balance between codified statutory law and the preservation of India’s rich pluralism of customs. By recognizing customs within defined limits, the Act respects community traditions while ensuring conformity with principles of justice, equity, and public policy. Judicial interpretation has further ensured that customs are not misused to subvert statutory safeguards, particularly in protecting women’s rights.

Thus, while customs continue to shape the form and validity of Hindu marriages, their role is complementary rather than overriding, harmonizing tradition with modern legal norms.

CONTRIBUTED BY : ANSHU (INTERN)