This article has been written by Raj kartikeyan Chaudhary, a 4th year student of Lloyd law college, Greater Noida.

As an Indian citizen, the laws governing your marriage and divorce have a significant impact on your life. However, you may not realise the critical role the Supreme Court of India has played in shaping these laws. Over the last several decades, the Supreme Court has issued rulings that have reformed Hindu marriage laws in India, expanding rights and protections for women. Through key judgments, the Supreme Court has band practises like polygamy and child marriage, granted the men the right to die verse on the grounds of cruelty, and established that Hindu marriage is a civil contract rather than a religious sacrament. The Supreme Court has shaped Hindu marriage law in India to be more equitable and protect the rights of women within the marital relationship. Their pivotal rulings have had a profound impact on marriage and society in India.

History of Hindu marriage laws in India

The Hindu Marriage Act of 1955 was a pivotal moment in establishing legal rights and protections for married Hindu women in India. Prior to this act, Hindu marriages were governed by Hindu scriptural laws that severely restricted woman’s rights. The act set the minimum age of marriage for women at 18 and men at 21, prohibiting child marriages that were prevalent at the time. It also allowed women to diverse on certain grounds like cruelty and entitle them to alimony and custody of minor children. Over the decades, the Supreme Court has built upon the act through its judgments. In 1976, it  Struck down the restitution of conjugal rights, a farming that one spouse cannot force the other to cohabit against their will. In 1985, it held that the acts provisions applied to any ceremony intended to be a Hindu marriage, not just those conducted poor traditional religious rites.

In more recent years, the court has recognised rights of inheritance and maintenance for second wives in polygamous relationships and live-in partners. It has also issued directives to curb dowry harassment. However, the court has yet to rule on the constitutionality of some discriminatory provisions like those denying women on equal share of ancestral property. Through its evolving interpretations, the Supreme Court has adapted the Hindu Marriage Act to the changing social realities of modern India. While more work remains, the court has been instrumental in promoting gender equality and protecting the rights of all partners in Hindu marriages. Overall, it has transformed the way Hindu unions are regulated and held dismantle oppressive practises one judgement at a time.

Landmark Supreme Court cases on Hindu marriage

The Supreme Court has shaped Hindu marriage laws in India through several landmark judgments.

• Shah Bano case (1985)- In 1985, the Supreme Court ruled in favour of Shah Bano, ordering her ex- husband To pay alimony. However, the decision federalfaced backlash from Muslim conservatives. In a response, the government passed the Muslim woman (Protection of rights on diverse) Act, nullifying the SC judgement.
• Sarla Mudgal case (1995)- The Supreme Court ruled that conversion to Islam solely for the purpose of polygamy was invalid. It stated that polygamy was not an integral part of Islam and went against public policy. This checked the misuse of conversion for polygamous relationships.
• Githa Hariharan case (1999) – The Supreme Court held that the Hindu minority and guardianship act did not make the father the only natural guardian of a minor ‘s personal property. It ruled that court could appoint the mother as the guardian if it was in the best interest of the child. This was an important step towards recognising women’s rights in guardianship.
• Daniel Latifi case (2001) – In this case, the Supreme Court interpreted the Muslim woman act and held that a Muslim woman was entitled to fair and reasonable settlement from her ex- husband  through mutual consent or decided by codes. This provided more financial security to Muslim women after divorce.

The Supreme Court has played an active role in reforming Hindu marriage laws to make them more progressive, equitable and uphold the rights of women. Its judgments have had a profound impact on Hindu personal laws in India. Overall, the SC has emerged as an institution that balances tradition with modernity.

The legalisation of inter caste and inter religious marriages

The Supreme Court has played an instrumental role in legalising inter caste and inter religious marriages in India. Prior to 1954, Hindu personal laws prohibited marriage between individuals of different caste and faiths. However, in the case of state of Bombay vs Narasu Appa Mali, The Supreme Court ruled that such restrictions violate article 15 of the constitution, which prohibits discrimination on the grounds of religion, race, cast, gender or place of birth. This landmark judgement opened the door for individuals of different castes and religions to marry without legal obstacles. The quote of formed that marriage is a civil contract and individuals have the freedom to marry anyone of their choice regardless of social or religious affiliations. In subsequent rulings, the Supreme Court has consistently upheld this view. In the 2006 case of Lata Singh vs State of Uttar Pradesh and Another, the court reaffirmed that inter caste marriages are legal and no one can be harassed or subjected to violence for marrying outside their caste or faith. Similarly, in The 2018 case of Shakti Vahini vs Union of India, The court directed state governments to take proactive steps to prevent owner killings and protect inter caste couples. through these judgments comma the supreme court has played a  pivotal role in Promoting social justice and upholding the constitutional rights of all citizens. However, inter caste and inter religious marriages still face opposition in Indian society. More work is needed to change mind-sets and eliminate prejudices based on caste, religion and other social factors. The court’s Progressive stand on these sensitive issues serve as a moral compass and helps move society in the right direction, one step at a time. Overall, the supreme court’s landmark Rulings have had a profound impact on Hindu marriage laws in India.

Supreme Court rulings on divorce and maintenance rights

The Supreme Court of India has passed several landmark judgments related to divorce and maintenance right within Hindu marriages.

Right to maintenance- In the case of Shah Bano Begum vs. Mohammad Ahmed khan (1985), The Supreme Court upheld a Muslim woman’s rights to post divorce maintenance under section 125 of the code of criminal procedure. The court ruled that the liability of a Muslim husband to maintain his divorced wife is not confined to period of iddat ( roughly 3 months) And that she is entitled to maintenance for life or until she re marries. This judgement was later overturned by the enactment of his Muslim woman act (1986) Which limited maintenance to the period of iddat . However, the courts have diluted some of the provisions of this act in subsequent cases.

Irretrievable breakdown of marriage- The Supreme Court has recognised irretrievable breakdown of marriage as a valid ground for diverse in several cases. In Naveen Kohli vs Neely kohli (2006), The court noted that if the marriage has broken down beyond repair, it is better to dissolve it rather than keep the party’s tied in a marriage that in name only.

Mutual consent divorce- In Amardeep Singh vs Harveen Kaur (2017), The Supreme Court held that divorce by mutual consent does not require a waiting period of 6 to 18 months. The court ruled that the six month waiting period mentioned in section 13B(2) Of the Hindu Marriage Act 1955 is not mandatory and diverse can be granted as soon as the court is satisfied about the genuineness of mutual consent between the parties. Through its progressive judgments, the Supreme Court has aimed to uphold the rights and dignity of Hindu woman in matters of marriage and divorce. The rulings have given women greater financial and Social Security and the freedom to exit dysfunctional or abusive relationships.

Ongoing challenges for Hindu marriage reform

The Supreme Court has played an instrumental role in reforming Hindu marriage laws in India, but several ongoing challenges remain.

Inter religious marriages- While the Supreme Court has upheld the special Marriage Act of 1954 that legalises inter religious marriages, such unions still face social stigma and legal obstacles. Families and communities often object to such marriages and bureaucratic red tape can delay or deny marriage licences to interfaith couples. Additional legal protections and social acceptance of inter religious marriages are still needed.

Same sex marriages- India’s LGBTQ Community continues to fight for the legalisation of same sex marriages. Although the supreme court decriminalised homosexuality in 2018, it has not yet recognized the right to same sex marriage. The legalisation of same sex unions would require either amendments to current marriage laws or new legislation, which face political and social opposition. The supreme court gas an opportunity to once again advance civil rights by affirming the right to same sex marriage .

Women’s rights- While the Supreme Court has taken steps to expand women’s rights within marriage and families, more work is still needed. The woman face disproportionate rates of domestic violence, lack of financial independence and restrictions on inheritance and property rights. Additional legal protections, as well as shifts in cultural attitudes are required to achieve full equal rights and opportunities regardless of gender. In summary, inter religious unions, same-sex marriages and women actually present ongoing challenges in a reforming Hindu marriage loss. Through progressive rulings and protections of civil liberties, the supreme court has the potential to continue shaping Hindu marriage in a way that upholds principles of equality, justice and human rights. By addressing these issues , India can become a society in which people of all faiths, genders and orientations are free to marry the partner of their choice.

Conclusion

As you have seen, the Supreme Court of India has played a pivotal role in reforming and reshaping Hindu marriage laws to align with the progressive values enshrined in India’s constitution. Through landmark judgments and rulings, the court has affirmed principles of gender equality, consent and mutual respect within Hindu marriages. While there is still progress to be made, the court has helped dismantle oppressive practises and moved Hindu marriage law in a direction that upholds the human rights and dignity of all individuals. The court’s rulings have had a profound impact on Hindu women in particular, expanding their rights and freedoms within marriage. Overall, the Supreme Court has been instrumental in bringing Hindu marriage laws into modern era.

References 

• This article is originally written by Mr. Akshat Agarwal on the website verfassungsblog.de.https://verfassungsblog.de/marriage-equality-at-the-doors-of-the-indian-supreme-court/

• Mr. Anil Malhotra and Ranjit Malhotra on the website iafl.com https://g.co/about/tr8qc6
• Hindu marriage act , 1955 bare act.