Answer By law4u team
In Indian law, the requirements for a valid marriage depend on the personal laws governing the individuals based on their religion. Below are the general legal requirements under different major personal laws, along with the secular law governing marriage: 1. Hindu Marriage Act, 1955 This Act applies to Hindus, Buddhists, Jains, and Sikhs. The legal requirements under this Act are: Age of the parties: The bridegroom must be at least 21 years old, and the bride must be at least 18 years old. Monogamy: Neither party should have a spouse living at the time of the marriage (no previous valid marriage subsisting). Prohibited degrees of relationship: The parties should not fall within the prohibited degrees of relationship, unless the custom or usage governing both parties allows it. Sapinda relationship: The parties must not be sapindas of each other unless allowed by custom (Sapinda refers to close blood relationships within certain degrees). Mental capacity: Both parties should be of sound mind and capable of giving valid consent. Ceremonies: The marriage must be solemnized according to customary rites and ceremonies, which may include Saptapadi (seven steps taken by the couple around the sacred fire). 2. Muslim Personal Law (Sharia) Muslim marriages are considered a contract rather than a sacrament, and the requirements include: Offer and acceptance (Ijab and Qubool): There must be a clear offer and acceptance of marriage, made by the bride and bridegroom, in the presence of witnesses. Consent: Both parties must consent to the marriage freely. Forced or coerced marriages are not valid. Mehr (Dower): The husband must provide mehr (a financial sum or gift) to the wife, agreed upon during the marriage contract. Witnesses: In a Sunni marriage, at least two adult Muslim male witnesses (or one male and two female witnesses) must be present. Age of the parties: Though not specified in Sharia law, the Prohibition of Child Marriage Act, 2006 sets the minimum age as 18 for the bride and 21 for the groom. 3. Christian Marriage Act, 1872 This Act governs marriages for Christians. Age of the parties: The minimum age for the bride is 18, and for the bridegroom, it is 21. Prohibited degrees of relationship: The parties must not be within the prohibited degrees of relationship. Mental capacity: Both parties must be of sound mind and capable of understanding the nature of the marriage. Ceremony: The marriage must be solemnized by a licensed minister or priest, and it should be in the presence of at least two witnesses. 4. Parsi Marriage and Divorce Act, 1936 This law governs the marriage and divorce of Parsis. Age of the parties: The bridegroom must be at least 21 years old, and the bride must be at least 18. Monogamy: Both parties should not be married to anyone else at the time of the marriage. Prohibited degrees of relationship: The parties should not be within prohibited degrees of consanguinity (blood relation). Witnesses: The marriage must be solemnized in the presence of a Parsi priest and two witnesses. 5. Special Marriage Act, 1954 This is a secular law that applies to marriages between individuals of different religions or those who choose to marry outside their personal law. Age of the parties: The bridegroom must be at least 21, and the bride must be at least 18. Monogamy: Neither party should have a living spouse from a previous marriage. Prohibited degrees of relationship: The parties should not fall within prohibited degrees of relationship, unless allowed by the customs governing them. Notice: The couple must give a 30-day notice to the Marriage Officer in their district. Consent: Both parties should give free and informed consent. Witnesses: The marriage must be solemnized in the presence of three witnesses. Mental capacity: Both parties should be of sound mind. 6. Prohibition of Child Marriage Act, 2006 This Act applies across all religions in India and prohibits child marriages. A marriage where either party is below the legal age (21 for males, 18 for females) is voidable at the option of the underage party. General Conditions for Valid Marriage: Free consent: Both parties must give free and voluntary consent. Monogamy: Neither party should have a spouse living at the time of the marriage (except for Muslims, who can marry more than one spouse). Legal age: The bride must be at least 18, and the groom must be at least 21. No prohibited relationships: Marriages between close relatives or within prohibited degrees of relationship are not allowed, unless customs permit. These legal requirements ensure that marriages in India are valid and comply with the relevant laws.
