Legal Advice

Validity of inter caste marriage

Query

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. 

Advice

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

High Court Lucknow

Marriage

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