Important marriage laws in India for all newlyweds

Hindu Mariage Act
Matrimonial Disputes » Important marriage laws in India for all newlyweds

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A marriage legalizes the relationship between a couple. It binds the two people for life. India is a secular country, and therefore, there are many marriage acts according to the marriages in different religions.

You can follow any marriage act according to your religion and exercise it on your own will. There are many marriage acts followed in India; however, there are some important marriage acts that are followed the most. These marriage acts are as follows:

1. The Hindu Marriage Act, 1955
2. The Muslim Marriage Act, 1954
3. The Special Marriage Act, 1954

Also Read: Know-it-all guide to Marriage and Family in India

Let’s understand these important marriage acts in detail:

The Hindu Marriage Act, 1955

The Hindu Marriage Act is an act that was enacted in 1955 by the Parliament of India to amend and codify the law that is related to the marriage of Hindus. It was enacted to safeguard the rights of a marriage for the bride and groom.
It focuses on the rights the bride and groom have in this legalized bond they share and doesn’t define the kind of ceremony that is held to carry out this religious act. There are some conditions that need to be met to validate this act, which are as follows:

● The legal age for a man is 21 years and for a woman is 18 years. However, according to the revised condition under the Child Marriage (Amendment) Bill, 2021, the legal age for a woman has been increased to 21 years.

● The 2 persons marrying each other must be unmarried and should not have a spouse from the previous marriage.

● The people getting married must be mentally fit (they should not have any mental
illness).

● The bride and groom should not be ‘sapindas’ in relation to each other. Apart from this, there are various components of the Hindu marriage act, 1955. These components are as follows:

● Section 2 of Hindu Marriage Act, 1955: 

As per this section of the Hindu Marriage Act, 1955, marriage in Hindus in any form irrespective of caste or creed or people who are bound under this act, like Sikhs,

Buddhists, Jains, and so-called Hindus is a Hindu marriage.

● Section 3 of Hindu Marriage Act, 1955:

This section revokes the prohibited degrees of relationships that were defined in Smritis and certain new prohibited degrees of relations. As per this section of the Hindu Marriage Act, 1955 the groom cannot marry his brother’s wife. However, this shall not be applicable in the case of divorced or widowed women.

● Section 5 of Hindu Marriage Act, 1955:

As per sections 5(ii) and (iii) of this act, a Hindu marriage is more of a result of mutual consent and not much of a religion.

● Section 16 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 legitimates the children born out of an alliance if certain conditions are met.

● Section 8 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 introduces the provision of registering a marriage under this act,

● Section 9 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 defines the restitution of husband and wife’s conjugal rights bound under the act.

● Section 15 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 defines the remarriage of either party to remarry after a valid divorce.

● Section 24 of Hindu Marriage Act, 1955:

This section of the Hindu Marriage Act, 1955 defines the provision of legal proceedings’ expenses of a divorce. It states “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.”

Also Read: What are the Divorce Laws in India?

The Muslim Marriage Act, 1954

This Act was drafted in the system in 1954. It solemnizes marriages in the Muslim community. However, the state of Jammu and Kashmir is excluded from this Act. Here are the details of this Act:

● The bride and groom should belong to the Muslim faith.

● The bride and groom will not, by reason of anything contained in the Islamic law
relating to marriage, be prohibited from marrying each other.

● The registration of the marriage should be done in accordance with this Act.

● The marriage will be affected by or before the person appointed as a marriage
officer under the provisions of this Act.

● Both bride and groom should be capable of contracting the marriage. Once the marriage is in effect by or before the marriage officer, they enter it in a book supplied by the Registrar-General and kept by the marriage officer themselves.
Thereafter, a Muslim Marriage Certificate will be signed by both the parties, the marriage officer, and 2 credible witnesses. However, in 2019, the Muslim Women (Protection of Rights on Marriage)Act was enacted to criminalize triple talaq, which enabled Muslim men to instantly divorce their wives.

The Special Marriage Act, 1954

This Act allows citizens of India from different caste, religions or communities to marry each other. Here are the conditions that have to be met:

● The bride must be 18 years and above (now 21 years), and the groom should be 21 years and above.

● Both the parties should be mentally fit.

● Marriage registration is compulsory to solemnize the marriage. This can be done by hiring a lawyer to complete the marriage registration.

● Both the parties cannot share common ancestors or be blood relatives. In accordance with this Act, there are 37 relations that are forbidden, wherein no wedding can be performed between them.

Conclusion

The above-mentioned marriage laws have been functioning for decades now; however, the revisions in them have made their new marriage laws in India. The Indian Marriage Act is very important to solemnize the bond between 2 people that they consensually want to share for the rest of their life. The above-mentioned 3 laws are the most important marriage laws in India, while some have been upgraded in 2021 and 2022. While these Acts are important, matrimonial lawyers are equally important. To put the marriage onto legal papers, you can hire matrimonial lawyers. You can find the best matrimonial lawyers in Chandigarh if you reside there. The lawyers will help you get your marriage certificate with the right process in a hassle-free way.

Lex Solutions has one of the best matrimonial lawyers in Chandigarh. The lawyers will help you get your marriage certificate and they carry all kinds of matrimonial disputes with the right process in a hassle-free way.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.

FAQs

  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.