Shubham Shukla, Shree L.R Tiwari College of Law
ABSTRACT
Hindu marriage is a sacramental relationship. Marriages have been performed by custom and culture since the time of the Vedas. It is not necessary to follow a set procedure or ceremony to declare a marriage consummated. When cases have recently come before the courts, they have had to make decisions regarding two fundamental issues before moving forward: whether the parties were married and, if so, whether the marriage is legally valid. They had to investigate the customs and codified laws to find the answers to these questions. Today's ceremonies are inventive, perhaps as a result of growing costs, improved communication and technology, or a shortage of time. The result is an increase in bigamous marriages, and increased scrutiny surrounding child custody and divorce because a court ruling that a marriage is null and void if the required ceremony was not performed will ultimately destabilize society. Here, the author is attempting to address the problem and offer some recommendations that, if followed, would eliminate the challenges associated with making decisions.
Keywords: Child marriage, Hindu Law, Factum Valet
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