A pivotal aspect of Hindu marriage is the ritual of "saptapadi," or the taking of seven ceremonial steps around fire by both the bride and groom, signifying the binding nature of the marriage.

For a Hindu marriage to be considered valid under this section, it must be conducted in accordance with the customary rites and rituals observed by either or both parties. Any offspring born subsequent to such a marriage are deemed legitimate. The occurrence of childbirth prior to the dissolution of the marriage does not warrant its annulment.

It is incumbent upon the father to undertake the responsibility of nurturing the daughter, facilitating a suitable match, and performing the ritual of "Kanya Dan" (giving away the daughter). Through marriage, the girl transitions from her familial "gotra" (lineage) to that of her husband, cementing an indissoluble bond transcending generations. This institution is regarded as a sacrament, not merely a contractual agreement.

Section 2 of the Hindu Marriage Act, 1955 stipulates that for a marriage to be recognized under this legislation, both parties must be Hindu. Should one or both parties be non-Hindu, the marriage would be deemed invalid under the provisions of this act. In such cases where one or both parties are non-Hindu, the marriage falls outside the purview of this act and is considered void. Instead, marriages involving non-Hindu individuals are governed by the Special Marriage Act, 1954. This legislative enactment was instituted to address marriages of inter-religious nature, providing a legal framework for their solemnization and regulation.

Registration under the Hindu Marriage Act, 1955:

Under the Hindu Marriage Act, 1955, the following requirements must be met for marriage registration:

- Application can be made at any sub-divisional magistrate's office, either offline or online, with a waiting period of 15 days for appointments.

- Both parties, in sound mind, must sign the registration form and not be within prohibited degrees of relationship.

- Proof of date of birth such as birth certificate, matriculation certificate, or passports is required.

- Two passport-sized photographs of both parties, along with a marriage photograph and invitation card (optional), must be submitted.

- If either party has converted to a religion covered by the Act, a conversion certificate verified by a priest is necessary.

- All documents must be attested by a Gazetted officer.

- Final confirmation of marriage registration is done by the district court after verification of documents.

Varieties of Marriages:

Traditional Hindu scriptures categorize marriage into eight distinct types:

1. Brahma: Described as the best form of marriage, where the father gifts his daughter, adorned with ornaments, to a Vedic scholar chosen by him.

2. Daiva: Regarded as inferior to Brahma marriage, where the father offers his daughter as a sacrifice to a priest, often seen as degrading for women.

4. Prajapatya: Similar to Brahma marriage, but without the formal ceremony of Kanya Dan, where the bride's father seeks the groom.

5. Asura: Criticized as a materialistic union, where the groom provides wealth to the bride's father in exchange for marriage.

6. Gandharva: A unique form where marriage occurs through mutual agreement between the couple, disregarding parental consent.

7. Rakshasa: Condemned for its violent nature, involving the abduction of the bride and the killing of her family.

8. Paishacha: Considered the most heinous form, involving coercion or seduction.

Validity of Hindu Marriage:

According to the Hindu Marriage Act, a marriage between two Hindus is considered valid if the following conditions are met:

- Neither party has a living spouse at the time of marriage, as bigamy is prohibited.

- The groom is at least 21 years old, and the bride is at least 18 years old.

- Consent is freely given without coercion or threat.

- The couple is not within the prohibited degree of relationship, unless permitted by custom.

- Both parties are of sound mind at the time of marriage.

Degrees of Prohibited Relationship:

According to Section 5 (iv) of the Hindu Marriage Act (HMA), marriages between individuals falling within the prohibited degrees of relationship are prohibited.

- Definition of Prohibited Relationship:

As per Section 3(g) of the HMA, individuals are considered within the prohibited degrees of relationship if:

1. One is a lineal ascendant of the other; or

2. One was the spouse of a lineal ascendant or descendant of the other; or

3. One was the spouse of the brother, father's brother, mother's brother, grandfather's brother, or grandmother's brother of the other; or

4. The individuals are siblings, uncle and niece, aunt and nephew, or children of siblings or of two brothers or two sisters.

- Sapinda Relation:

The concept of Sapinda relationship is defined in Section 3(f)(i) of the HMA. It extends to individuals up to the third generation in the line of ascent through the mother and up to the fifth generation in the line of ascent through the father.

- Penalty:

Marriages within the Sapinda relation are punishable with imprisonment for up to one month, a fine of Rs. 1000/-, or both, under Section 18(b) of the HMA.

Conditions for Marriage:

Section 5 of The Hindu Marriage Act delineates the prerequisites for a valid marriage. Failure to meet these conditions renders the marriage either void ab initio or voidable.

- Void Marriages:

A marriage shall be deemed void if it violates any of the following conditions:

1. Either party is below the prescribed minimum age. The groom must be at least 21 years old, and the bride must be at least 18 years old at the time of marriage.

2. Either party does not belong to the Hindu religion. Both the groom and the bride must adhere to the Hindu faith at the time of marriage.

3. Either party is already married. The Act explicitly prohibits polygamy, hence a marriage can only be solemnized if neither party has a living spouse at the time of marriage.

4. The parties are sapindas or within the prohibited degree of relationship.

- Voidable Marriages:

A marriage may subsequently be annulled (voidable) if it violates any of the following conditions:

1. Either party is impotent, incapable of consummating the marriage, or otherwise unfit for procreation.

2. One party did not provide genuine consent. Both parties must possess sound mental faculties and comprehend the implications of marriage. If either party suffers from a mental disorder or recurrent episodes of insanity or epilepsy, it may indicate lack of consent. Similarly, if consent was coerced or obtained through fraud, the marriage may be voidable.

3. The bride was pregnant by a man other than the groom at the time of marriage.

Concept of Bigamy:

Bigamy, the act of having two living spouses simultaneously, is illegal in Hindu law. The Indian Penal Code, sections 494 and 495, penalize individuals who enter into a second marriage without legally dissolving their existing marriage. The first marriage is considered legally binding until formally dissolved through divorce.

Procedures under the Special Marriage Act, 1954:

Procedures under the Special Marriage Act, 1954:

Prohibition of Child Marriage Act, 2006: Child marriage is prohibited under this act, with the marriageable age set at 21 years for males and 18 years for females. A girl who enters into child marriage can obtain a decree of nullity within 2 years of turning 18.

Case Law:

In the case of Seema v. Ashwani Kumar (2006), the Supreme Court (SC) articulated that the registration of a marriage should create a legal presumption of marriage. This implies that individuals from all religious affiliations are obligated to register their marriages in the state where the marriage was solemnized. Additionally, the court directed both the State and Central Governments to undertake measures to formulate rules, regulations, and procedures for the registration of marriages.