No marriage can be registered unless the
following conditions are fulfilled
- A ceremony
of marriage has been performed between the parties and they have been
living together as husband and wife.
- Neither
party has at the time of registration more than one spouse living.
- Neither
party is an idiot or lunatic at the time of registration.
- The
parties have completed the age of twenty one years at the time of
registration.
- The
parties are not within the degrees of prohibited relationship.
- 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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