Home | Legal Advice | Marriage law | Validity of inter caste marriage

Validity of inter caste marriage

Shivendra Pratap Singh

Advocate

22/08/2015

Reading Time:

I love with a girl belongs to another caste. We are major and desired to marry. If I marry her, that marriage will be valid under the Hindu Marriage Act. 

The validity of inter-caste marriage can’t be challenged under the Hindu Marriage Act. In Lata Singh vs State of Uttar Prades [AIR 2006 SC], it is held by the supreme court that inter-caste marriage is perfectly valid marriage under Hindu Marriage Act.

Inter-caste marriage is a term used in Asian and Middle-Eastern countries for a marriage where the couple are from two social groups, e.g., different castes, races or clans and are related to concepts of exogamy and endogamy.

But later on, the caste system among Hindus had been strengthened gradually and eventually Hindu society clearly divided on caste basis. Marriage is one of the important sanskar among Hindus. Ancient texts mention two forms of inter-caste marriage i.e.

  • Anuloma Vivah
  • Pratioma Vivah

The marriages between men of higher Varna or caste and women of lower varna or caste are called Anuloma and it was widely accepted by Hindu society. The Brahmins were allowed to marry women of all other lower Varnas including Sudras. But the reverse of anuloma vivah is called pratiloma vivah and it was prohibited in Hindu society because male belongs to an inferior caste.

With the advent of Hindu Marriage Act 1955, inter-caste marriage is now recognized as a valid marriage. Marriages between any section, caste or sub-caste of Hindu, Sikh, Buddhist or Jain are treated as a valid marriage. It gets validity from section 5 of the Hindu Marriage Act.

In Lata Singh vs State of Uttar Prades [AIR 2006 SC], it is also directed by the Supreme court that every act of threat or violence committed against a couple of inter-caste marriage must be punished by the state.

Inter caste marriages will promote a casteless society which will be in favour of our diversified nation. The Constitution of India strives for a classless society. Such a classless society is the ideal society which is the ultimate object of the Constitution.

The Constitution through its Preamble, Fundamental Rights and Directive Principles created a secular state based on the principle of equality and non-discrimination, striking a balance between the rights of the individuals and the duty and commitment of the State to establish an egalitarian social order.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Wife had sexual relations with a guy before the marriage

There is a girl who was live in relationship from last 2 years. She married a person and after marriage disclosed this fact. Her husband filed a petition under section 12(1) of HMA and a case of breach of trust and cheating was also filed against her. What are the...

Marriage against the consent of parents

If the bridegroom is 21 years and bride is 22 and they want to marry against the consent of their parents. What will be the cause for this? Can they marry? Question from: Andhra Pradesh Section 5 of the Hindu Marriage Act does not forbid a marriage if it has been...

Marriage when age of bridegroom is below 21 years

I want to solemnise marriage but age of bridegroom is below 21 years. We are in a relationship for past 4 years. And we decide to get married. But the girl's family doesn't allow her to do so. They First emotionally black mailed her. But she doesn't listen to them....

Married Hindu can marry a Muslim girl without divorce

Bigamy is banned by Section 5 of the Hindu Marriage Act. This section mandates that the marriage of a Hindu is void if he has a spouse living at the time of the marriage. If a married Hindu contracts Nikah with a Muslim girl with or without conversion, the Nikah will be void and he shall be prosecuted under Section 494 IPC for the offence of bigamy.

My sister in law hates my love affair

Personal view or observation of a person does not constitute domestic violence. The proceeding under Protection of Women from Domestic Violence Act cannot be initiated against the sister in law who is protesting the marriage of her sister in law with her brother. Such a protest does not amount to mental abuse defined under the DV Act.

I want to marry with my boyfriend at any cost

Marriage is a personal decision of a person. No one can force him to marry if he does not want to. In the Shakti Vahini case the Supreme Court has held that the right to choose a life partner is a fundamental right and no one can compel an adult person to marry with a particular person or a person of his choice.

My boyfriend does not accepting marriage

My boyfriend does not accepting marriage whereas, I solemnised marriage with him in a temple. We were in love for more than six years and we both were agree to marry. After the marriage, we were lived together for three months. We both are adult and working in a...

Section 29: Hindu Marriage Act 1955

Section 29: Savings (1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or...

Section 28-A: Hindu Marriage Act 1955

Section 28-A: Enforcement of decree and orders All decrees and orders made by the court in any proceeding under this Act shall be enforced in the like manner as the decrees and order of the court made in the exercise of its original civil jurisdiction for the time...

Section 28: Hindu Marriage Act 1955

Section 28: Appeal from decrees and orders (1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54