[net.nlang.india] Indian Marriage Laws

tsa@vlsi.cs.cmu.edu (Thomas Anantharaman) (12/17/85)

In spite of the fact that I am not religious, I do not see anything wrong
with having different laws governing marriage for different religions the
way India does, since all such laws apply on a voluntary basis. In a secular
state marriage should be viewed as a civil contract, and having different
marriage laws is equivalent to offering a choice of standard marriage
contracts. Indian law offers one for every major religion practiced in
India, including Hinduism, Islam, Catholism and Jainism. It also offers a
seperate secular marriage contract for those who do not wish to identify
themselves with any of these religions. Furthermore your actual religious
beliefs are irrelevant as far as the Indian Law is concerned.  If you were
married as specified in the Hindu Marriage Act, for example, (which is
defined as walking arround a fire seven times with your spouse, in front of
a specified number of witnesses), your divorce and alimony will be governed
by the Hindu Marriage Act irrespective of whether or not you convert to
Islam or any other religion. You do not even have to be a Hindu at the time
of your marriage. The only thing I personally find objectionable is the fact
that only the Secular Marriage Act requires the marriage to be registered,
which means that most people who marry in India, in effect sign a civil
contract they have not read, and may not even be aware of (Presumably
it would be too expensive to require every marriage to be registered).

In "secular" USA the Law will only recognize a marriage performed by a
Christian Minister, Jewish Rabbi or certain legal officers appointed for
that purpose. West Germany is far more secular in that no marriage performed
by any religious authority is recognized.  But in both cases the Law does
not provide any choice of marriage contracts, which is only available under
Indian Law, as far as I know.