The Hindu Marriage Act | Custom and Usage
Hindu Marriage Act, custom, and usage. The expressions “custom” and “usage” signify any rule that, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group, or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family, the family has not discontinued it.
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“Custom” refers to a traditional and widely accepted way of behaving or doing something specific to a particular society, place, or time. It encompasses practices, norms, and behaviors that have been established over time and are followed by members of a community or group. Customs can include rituals, ceremonies, clothing, greetings, and other habitual actions that define cultural identity and social cohesion. They are often passed down through generations and vary significantly between cultures and regions.
Marriage Registration
Marriage registration can be done under two main acts, depending on the religion of the parties involved: the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. Here are the steps and requirements for registering a marriage under each act.
1. Hindu Marriage Act, 1955
People do their marriages in Arya Samaj marriages or arrange marriages; after that, they need to register their marriages under this act. Often, people prefer this process.
2. Special Marriage Act, 1954
In this act, people need to give 30 days’ intent to marry notice if there is no objection then on the next date they will solemnize their marriage and get a marriage certificate.
the Hindu Marriage Act Custom and Usage.
Some common questions
How to get court marriage done?
You need to follow the prescribed procedure and fulfill certain legal requirements. Attach Documents, Verification of Documents, Publication of Notice. Solemnization of Marriage: Marriage will be solemnized at the office of the Marriage Officer in the presence of witnesses.
Can court marriage be done in one day?
Yes, you can go for an Arya Samaj marriage, and after that, apply for marriage registration. Arya Samaj marriage takes two to three hours to complete.
What is fee for court marriage?
At the lowest fee, contact us to know the exact fee for a court marriage in Delhi, India. The fees may cover different aspects of the court marriage process. Additionally, there may be additional charges for services like expedited processing or solemnization. Keep in mind that fees and service procedures are subject to change.
Court marriage documents list?
Here is a general list of documents commonly required for a court marriage. Proof of identity, Proof of age, Residence proof, and Passport-sized photographs. If either party has been previously married, a copy of the former spouse’s divorce decree or death certificate should be provided.
Who can perform a court marriage?
A girl and a boy who are 18 and 21, and they are single at the time of marriage. Those who follow court marriage laws and fulfill all the requirements.
FAQs, the Hindu Marriage Act
Q1. What is the meaning of “custom and usage” under the Hindu Marriage Act?
A: Section 3(a) of the Hindu Marriage Act defines “custom” and “usage” as any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group, or family.
Q2. Can a Hindu marriage be valid based on custom?
A: Yes. Section 7 of the Act states that a Hindu marriage may be solemnized in accordance with customary rites and ceremonies of either party. If a valid custom allows for a particular form of marriage (e.g., Swayamvar, village customs), it will be considered valid under law.
Q3. What are the essential requirements for a custom to be recognized under law?
A: Ancient – practiced for a long time.
Certain – definite, and clear.
Reasonable – not opposed to morality or public policy.
Not opposed to statutory law – not expressly forbidden.
Continuously and uniformly followed – without interruption or dispute.
Q4. Can a family have its own custom different from community customs?
A: Yes. Section 3(a) includes “custom or usage applicable to a family”, provided it has been continuously observed by that family and is not against public policy or law.
Q5. Is there any legal proof needed to establish a custom in court?
A: Yes. The party must prove its existence and validity through:
Witness testimony
Historical or documentary evidence
Judicial precedents (if previously recognized)
Q6. Can adoption or inheritance also be governed by custom?
A: Not under the Hindu Marriage Act, but under Hindu Adoptions and Maintenance Act and Hindu Succession Act, customs can sometimes be relevant if explicitly provided.
Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice.
