Wednesday, September 5, 2012

No marriage can be registered unless the following conditions are fulfilled
  1. A ceremony of marriage has been performed between the parties and they have been living together as husband and wife.
  2. Neither party has at the time of registration more than one spouse living.
  3. Neither party is an idiot or lunatic at the time of registration.
  4. The parties have completed the age of twenty one years at the time of registration.
  5. The parties are not within the degrees of prohibited relationship.
  6. The parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration.
The registration of Hindu Marriages is necessary for the purpose of facilitating the proof of Hindu Marriage apart from making available legal remedies such as restitution of conjugal rights and judicial separation to either party on the grounds specified under sections 9 and 10 respectively. Nullity and divorce are the other remedies that could be availed of by either the wife or husband on the grounds contained under sections 11, 12 and 13 of the Act. The above remedies with the exception of divorce will be available for married persons, whose marriage has been solemnized after the commencement of the Act. On the other hand, the divorce proceedings could be taken in respect of any marriage solemnized whether before or after the commencement of the Act on a petition presented by either the husband or the wife on the ground prescribed under section 13. The Act also provides for divorce by mutual consent. 

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