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International Journal for Research Trends and Innovation
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ISSN Approved Journal No: 2456-3315 | Impact factor: 8.14 | ESTD Year: 2016
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Issue: March 2026
Volume 11 | Issue 3
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Impact Factor : 8.14
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| Paper Title: | The Hindu Marriage Act, 1955: Statutory Definition of 'Who is a Hindu' and the Foundational Conditions for a Valid Marriage |
| Authors Name: | Nikita Nijjar |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJRTI_207684
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| Published Paper Id: | IJRTI2511119 |
| Published In: | Volume 10 Issue 11, November-2025 |
| DOI: | |
| Abstract: | The Hindu Marriage Act (HMA), enacted in 1955, is a substantial attempt by the Indian Parliament to amend and codify the different laws regarding marriage amongst Hindus. The HMA is one of the most significant legal reforms in the post-colonial era, as it pivoted the institution of Hindu marriage from an unbreakable sacrament to a regulated institution with rights and obligations. The main socio-legal struggle came from the need to codify modern ideas of justice, equality, and monogamy, while simultaneously taking into account the extensive diversity of Hindu practices and sects. This report will provide a comprehensive legal analysis of two principal issues with respect to the HMA: identifying the Act's personal scope, and defining a sweeping definition of ‘Who is a Hindu’ in Section 24, and defining the fundamental conditions for solemnization as discussed in Section 55. Section 2 allows a broad definition that involves Buddhists, Jains, and Sikhs, in addition to conversion issues and the constitutional exemption for Scheduled Tribes. Section 5 covers five conditional standards: monogamy, mental capacity, minimum age, and freedom from prohibited and sapinda relationships, without which the marriage would fail to achieve the validity for a matrimonial union. An important observation from this statutory examination is the explicit legislative hierarchy regarding the consequences for breaches of Section 5. Interference with fundamental obligations, such as monogamy (S. 5(i)) or incestual prohibitions (S. 5(iv) and (v)), annuls the marriage ab initio (Section 11)8. Matters concerning consent or capacity (S. 5(ii)) create a voidable marriage (Section 12), requiring action in a court for annulment. In contrast, the infraction of the minimum age (S. 5(iii)) is punitive (Section 18), purposefully designed to avoid the disruption of the marital status. This analysis of the HMA evidences its dual function: a rigid legal regime intended to impractically respond to modern normativity, but which still depends for its effectiveness upon endless judicial interpretation of the law within India’s multi-religious society. |
| Keywords: | Hindu Marriage Act 1955, Codification, Monogamy, Personal scope, Section 2 – Who is a Hindu, Section 5 – Conditions of marriage, Void and voidable marriages, Judicial interpretation, Prohibited relationships, Legal reforms |
| Cite Article: | "The Hindu Marriage Act, 1955: Statutory Definition of 'Who is a Hindu' and the Foundational Conditions for a Valid Marriage", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 11, page no.b150-b159, November-2025, Available :http://www.ijrti.org/papers/IJRTI2511119.pdf |
| Downloads: | 000278 |
| ISSN: |
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
| Publication Details: |
Published Paper ID: IJRTI2511119
Registration ID:207684
Published In: Volume 10 Issue 11, November-2025
DOI (Digital Object Identifier):
Page No: b150-b159 Country: Noida, Uttar Pradesh, India Research Area: Arts Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2511119 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2511119 |
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ISSN: 2456-3315
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