Marriages under Different Laws

Garvit Choudhary and Bishal Basak
University of Petroleum & Energy Studies, India

Volume III, Issue IV, 2020

In this paper, we will be dealing with the marriages and marriages under different law. Marriage is considered as the most important institution of human society. In this we will discuss about the eligibility of marriage under different law i.e Hindu marriage and Muslim marriage. How many marriages will be allowed in different marriage act? We will see the basic features of marriage and the functions of marriage. We will discuss some points on Christian Marriage, Sikh Marriage, Parsi Marriage, Buddhist Marriage, Jain Marriage, Court Marriage and Mixed Marriage but in detail we will discuss about Hindu and Muslim marriages. We will be dealing with the sources of marriages and types of sources in Hindu and Muslim law i.e Ancient and Modern source & Primary and Secondary source. Types of schools under Hindu law are Mitakshara School and Dayabhaga School. Further Mitakshara School is divided under 5 category i.e Banaras Hindu Law School, Mithila Law School, Maharashtra Law School, Punjab Law School, Madras Law schools and under Muslim law Schools are Shia School and Sunni School. Both schools are further divided into 7 categories i.e Marriage, Dower, Divorce, Maternity, Guardianship, Maintenance and Waqf. Difference between schools, conditions of a valid marriage and when the marriage will be considered as void and voidable will be discussed in this paper. We will also dealing with the types of marriages under Muslim law and difference between void and voidable marriage. Restitution of conjugal rights under section 9: when either of the spouse i.e. husband or wife without any appropriate cause is withdrawn from the society of the aggrieved map apply by petition to the District Court for restitution or conjugal rights and the court on been satisfied with the truth of the statements made in such petition without any legal ground and while the applications shouldn’t be granted, may decree restitution of conjugal rights.

Keywords: Hindu Law, Muslim Law, Void, Voidable, Marriage, Conjugal Rights.