Section 3 of HMA : Section 3: Definitions

Explanation using Example

Imagine a couple, Ravi and Priya, who want to get married under the Hindu Marriage Act, 1955. They visit a lawyer to ensure that their marriage will be legally recognized. The lawyer refers to Section 3 of the Act to explain certain terms:

• He clarifies that if there is a custom in Priya's community that requires a special ceremony for marriage to be recognized, this custom must be followed as long as it is not unreasonable or against public policy.
• The lawyer mentions that any disputes or legal matters arising from their marriage would be handled by the district court in their jurisdiction.
• To check if they are within the degrees of prohibited relationship, the lawyer asks about their family history to ensure they are not closely related, such as being siblings or direct descendants of a common ancestor.
• Finally, the lawyer ensures that they are not sapindas of each other, which would mean they share a common ancestor too closely related to allow marriage under the Act.

The lawyer's use of Section 3 helps Ravi and Priya understand the legal definitions that apply to their marriage under the Hindu Marriage Act, 1955.