Subrata Biswas

A marriage is a voluntary union between a man and a woman. Hindu marriage is considered to be complete as soon as the bride and groom take 'Saat phere' around 'Saptapadi' or other special customs that prevail among any of the Hindu sects. In some parts of India, there is only an exchange of garland minus the 'Saat phere'. In those cases, that custom is sufficient for calling the ceremony a marriage.

According to Section 5 of the Hindu Marriage Act, the groom has to complete 21 years of age and bride 18 year of age. Any marriage in contravention of this attracts simple imprisonment, which may extend to 15 days or fine, which may extend to Rs.1000/- or with both.

Following are some perspectives regarding marriages in India:

Registration of Marriage
The sacred ceremony is not sufficient to legalize the marriage in the present age. Registration of marriage is compulsory for legalizing a marriage in India. If either the bride or groom is a resident of India then the marriage between them can be registered in India.

If the both parties to the marriage are Hindu, then the marriage will be registered under the Hindu Marriage Act, 1995. But the marriage is solemnized according to Hindu rites but one of the parties is non-Hindu, then the marriage is to be registered under the Special Marriage Act.

Dowry and other harassments
Marital life may sometimes become troublesome owing to dowry or other such demands. Exchange of dowry, either from bride's or the groom's side, is punishable under the Dowry Prohibition Act in India. Apart from this, any other form of cruelty is punishable under the Indian Penal Code. A victimised bride can complain against cruelty to the police under Section 498A of Indian Penal Code. If the guilt of other party is proved, then the offender will be punishable with imprisonment for maximum up to 3 years or with fine. Cruelty in this case may be either physical or mental. Any relative of the bride also can file complaint to police under Section 498A IPC. Indian Police has separate 'Women Cell' in most cities to deal with these cases. So it is advisable to make complaint to the concerned Women Cell directly. Constantly insulting the spouse and humiliating him in presence of others does amount to cruelty, but an occasional family quarrel does not fall under cruelty. It is better to sort out differences in a cordial manner. If it is not possible to do so, then mediation by third accepted person is better remedy. A little bit of wear and tear in matrimonial life sometimes does increase the affinity between spouses. So in case of any dispute, any third person from the family or a marriage counsellor can play a very fruitful role.

Restitution of conjugal rights
As a result of differences between husband and wife, the wife can live separately from the husband. If there is a reasonable cause for living away from one's husband, then the latter cannot force his wife to live with him. But if there are no sufficient grounds for living separately, then under Section 9 of the Hindu Marriage Act, the husband can file a petition for restitution of conjugal rights against his wife and make her bound to live with him. If the wife declines to grant this, it will be a ground for divorce or judicial separation.
If no reconciliation works for the husband and wife to sort out differences between them, then divorce is last resort to the couple. Marriage is considered as an institution in India. Through a number of judgments, the Supreme Court has observed and supported this proposition. Thus, it can be seen that Indian courts are not liberal in the matter of granting decree of divorce. They always give a chance to couple to reconcile. So under Section 14 of the Hindu Marriage Act, a divorce petition cannot be filed within one year of marriage. Only the High Courts can give special permission to file divorce before one year of marriage in special circumstances.

Divorce cannot be asked for by either of the parties on any ground. If only one party asks for a divorce and the other party disagrees, then divorce can be claimed only on the grounds mentioned in Section 13 of the Hindu Marriage Act or Section 25 of the Special Marriage Act as applicable case-by-case.

The grounds for divorce are cruelty, desertion, voluntary sexual intercourse with another person, the other spouse being of unsound mind, conversion of religion by the other spouse, leprosy, venereal disease, a spouse having renounce the world or being missing for a period of more than 7 years.

When both husband and wife agree to a divorce then they can approach the court for divorce by mutual consent. The court gives sufficient time for reconciliation in case of divorce by mutual consent under Section 13B of the Hindu Marriage Act. Only if the spouse lives separately for a minimum of one year can they can seek divorce. 'Living separately' has been now defined by the Supreme Court as “not living as husband and wife under the same roof.” Withdrawal from the partner's social circle and not performing marital obligations is also considered as “living separately.” A joint petition has to be filed for mutual divorce and the courts grant a minimum period of 6 months for the parties for their second consent. This period may be made flexible according to the situation.

If any party to the divorce withdraws consent, then divorce will not be granted. A divorced person can marry after expiry of 30 days of the decree of divorce if there is no appeal against the divorce.

Custody of children
After divorce or judicial separation, either of the divorced parents of child can approach the court for custody of the child under the Hindu Marriage and Guardian & Wards Acts. The court grants the custody of child keeping in view the betterment of the child.

Last but not the least, a divorced husband and wife can remarry, if they have sorted out their differences following their divorce.