A Project Work Of

Family Law
On

‘INTER RELIGION MARRIAGES & PERSONAL LAWS”

SUBMITTED TO: Mrs. Archana Gharote

FACULTY OF: - FAMILY LAW

SUBMITTED BY: Shubhankar Thakur

SECTION C
ROLL NO.149

SUBMITTED ON:
20th July, 2020

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Raipur, Chhattisgarh
 TABLE OF CONTENTS

1. Research Methodology

2. Introduction

3. Dishonour of Cheques – Meaning

4. Dishonour of Cheque - Interpretation of Section 138

5. Dishonour of Cheque – Offence By Drawer

6. Proceedings against Dishonour of Cheque

7. Offences - Cheating and Forgery

8. Liability for Stopped Payment

9. Drawer’s Liability for Dishonour of Cheque

10. Drawee’s Liability for Dishonour of Cheque

11. Dishonour of Cheque - Liability of a Company

12. Conclusion

13. Bibliography
 TABLE OF CASES AND STATUTES

Cases Reffered

Statutes
 RESEARCH METHODOLOGY

Aims and objectives

to understand the social and legal issues involved in inter-caste and inter-religious marriages
in India.

The project aims at studying the various aspects related to dishonour of cheques and liability
arising therefrom. It begins by defining the concept of dishonour of cheques and then
proceeds to the liability arising out of such dishonour and the laws related thereto. The
ultimate objective is to understand the liability and the penal provisions for dishonour of
cheques and then to understand its application in the Indian context.

Scope

The scope of the project has been restricted to the broad topics like the laws applicable and
the procedures followed. The author has limited the scope to a very conceptual and
theoretical understanding of dishonour of cheques and liability arising therefrom.

Method of writing

The researcher has endeavored to use a combination of descriptive and analytical styles of
writing throughout this project and has cited various case laws for better understanding of the
topic. More emphasis has been placed on the descriptive style of writing.

Sources of Data

The main sources have been textbooks, articles and web-search.

 INTRODUCTION

Marriage is considered to be a sacred institution in India and it is an integral part of our

culture. India is a diverse country and people from a large number of religions and cultures
are residing here. Caste and religion have a great influence in our society. Inter-caste
marriage is still considered a taboo in many places of our country. Besides, each religion and
caste they have their own traditions and rituals, which is followed by a registration of the
marriage and is accepted by respective personal law.

In India, marriage is regulated by the personal status laws applicable to the persons
concerned. The Hindu Marriage Act allows members of the Hindu, Buddhist, Jain, or Sikh
religions to intermarry.1 Under Muslim personal status laws as interpreted by the Hanafi
school of thought,2 which is predominant in India, only Muslim men are permitted to marry
kitabia, meaning members of the Christian or Jewish religions; Muslim women are prohibited
from marrying non-Muslims.3

What is an Inter religion Marriage?

When two people belong to different religions, and want to be marry each-other. This kind of
marriage is called Inter religion marriage. Below you can find few types of inter religion
marriage.
1. Hindu Sikh Marriage
2. Hindu Muslim Marriage
3. Hindu Christian Marriage

Caste and religion are integral components of Indian society since the time immemorial.
These two systems create water tight compartment between communities and bring division,
hatred and tension among various social groups. Marriages within the same caste and same
religion is the norm of the Indian society. To think of marriages between different castes and
different religions is a difficult and socially unacceptable proposition. Recently the process of

1
Hindu Marriage Act, No. 25 of 1955, § 2(1) & (3), 20 India Code (1993), available on the Government of Punjab,
Department of Revenue, Central Acts/Rules website, at http://punjabrevenue.nic.in/hmrgact%281%29.
htm#registrationofhindumarriages.
2
Muslim Personal Law (Shari’at) Application Act, No. 26 of 1937, § 2, http://www.newdelhi.msz.gov.pl/
resource/e75c9c6a-42be-465e-822d-29bc1d01cc1d:JCR.
3
Kaneez Fatima and Another v. Angeal Cameron, 1978 SCC OnLine AP 41.
modernization, democratization and development has brought lots of positive changes in
Indian society.

To safeguard the interest of people, who defy the social practises and decided to marry
someone outside their caste or religion, the Special Marriage Act, 1954 was created. 4 This
provides a special form of marriage for the people of India and Indian nationals in foreign
countries, irrespective of the caste and religion they follow.

Interfaith couples are able to rely on the Special Marriage Act, 5 which provides for a “special
form marriage”—a civil marriage conducted by a registrar appointed by the state that is
available to all persons in India, 6 irrespective of the religion, caste, or faith to which either
party belongs. However, this marriage is subject to certain procedural hurdles that reportedly
are difficult to meet for persons who wish to keep their marriage a secret or who wish to
elope.7

Religious intermarriage as it reflects interaction in an open society is a gauge of changing

social structures and norms. The extent to which interfaith marriage is possible and the
degree of social and religious institutions' acceptance of interfaith couples indicate the
breadth and depth of such changes.

4
Special Marriage Act: Inter-Faith Marriage In India By Vikram Shah https://vakilsearch.com/advice/court-
marriage-different-faiths/
5
Special Marriage Act, No. 43 of 1954, http://keralaregistration.gov.in/pearlpublic/downloads/The%20Special
%20Marriage%20Act.pdf?tok=49sddh3ss34ff4.
6
Id. § 1(2). The Act does not apply in the states of Jammu and Kashmir but does apply “to citizens of India
domiciled in the territories to which this Act extends who are [in the State of Jammu and Kashmir].” Id.
7
Of Indian Marriage Laws and Conversions: The Case of Saifeena, Patheos (Feb. 27, 2013),
http://www.patheos. com/blogs/mmw/2013/02/of-indian-marriage-laws-and-conversions-the-case-of-saifeena/;
see also Shoaib Daniyal, When it Comes to Inter-faith Marriages, Indian State is Like a Super Khap Panchayat,
Scroll.in (Sept. 9, 2014), http://scroll.in/article/676910/it-isnt-just-the-sangh-that-discourages-inter-faith-
marriages-the-indian-legal-system-does-too.
In our country most marriages are governed by the specific personal laws governing each
religion. However, in extra ordinary circumstances when such nuptial ties are between two
people of different castes, the Special Marriage Act, becomes the mandate. In today’s society
intermingling between people from different castes is happening at different forums, be it for
education, be it professionally. Thus, it should not be a matter of grave consequence when
marriage arrangements also involve such intermingling. The Special Marriage Act mandates
certain pre-conditions essential for any marriage to be solemnized under this law. This legal
provision is indeed a massive step towards a ‘broad-minded society’. Hindu Law has no
stringent provisions regarding inter caste marriage as such, however Muslim Law clearly
does.

The youth of today are quite receptive to the idea of inter-caste/ inter-religion marriage. Thus,
the real impediment is in altering the mind set of family elders. India has progressed
significantly in terms of inter-caste marriages being on the rise. However, this is still not
embraced very well by people at large and we have a long way to go to rid our society of all
prejudiced and pre-conceived notions, to widen our outlook.
Religious Mindset towards Interfaith Marriages:

While some religious doctrines prohibit interfaith marriages, others are more accommodating
towards mixed unions within limited circumstances provided some preconditions are met.
Judaism – Traditional or Orthodox Judaism does not support interfaith marriages. With time,
the evolution of Conservative Judaism was more accommodating of gentile spouses in the
hope that they could be converted into the faith. While modern-day liberal Rabbis are willing
to officiate at interfaith marriages, the couples are often persuaded to raise Jewish children.
Islam – Islamic women are not allowed to marry outside the faith. The men are often granted
permission to wed non-Islamic partners but conversion is often a pre-condition. Also, it is
mandatory that the children be raised to be Muslims.
Christianity – Different denominations of Christianity practice their own set of rules and
dictates for interfaith marriages. In recent times, Christianity has grown liberal towards
interfaith unions.
Zoroastrianism – The Zoroastrian faith is quite rigid in disallowing interfaith marriages.
Followers of Zoroastrianism who marry outside the faith risk being expelled from all
religious services and rites. Often their children are also not allowed to participate in religious
activities.
Hinduism – Traditional Hinduism does not allow for religious conversion. In theory, non-
Hindu spouses are welcome since religion is only considered as a means to understanding the
Divine truth. In practice, however, Hindus are often orthodox and rigid and interfaith
marriages are prohibited.
Baha’i Religion – The Baha’i faith is quite welcoming of a non-Baha’i partner. The Baha’i
ceremony to sanctify the wedding must be performed. The other religious ceremony may or
may not be performed in this case.

The discrimination on the basis of caste and religion are like a halt to the progress of India.
For centuries Indian society has been divided on the basis of caste system and religion. The
problem of caste system is so deep rooted that it will take a number of years for the Indians to
come out of that idea. A custom which is prevalent in our society since the inception of the
society cannot be eradicated totally in just 200 years. Even today also India is struggling to
come out of this social menace. And this struggle is very much justified. History reveals that
efforts have been made not only by Indian reformers but by the British also during their reign
in order to make India free from the clutches of caste system, untouchability and race
discrimination.
When it comes to marriage between different castes and communities then it is like a taboo
for most of the people. But it is believed by various social reformers that in order to remove
this barrier of caste and religion, it is very much necessary that inter-caste and inter-religious
marriages must take place. Marriages are regarded not only as a social institution in India, but
also as a sacrament. In Hindu mythology, it is considered as the one of the most important
‘sanskara’.

Provisions Under Various Laws

Hindu Law
Justice and Equality are the two aspects often talked about by most of the nationalists. In
order to achieve the following goals, several provisions are included in the Constitution of
India. On the same lines, Hindu Marriage Act, 1955 was framed. This act not only provides
possibility of marriage between two people of different castes but also makes their marriage a
valid one.
Provisions under Hindu law are very simple. As such no restrictions regarding caste is there
in Hindu marriage act. The only essentials defined under section 5 of Hindu Marriage Act
are:
1. Monogamy8: This provision means that if any party has a living spouse at the time of
marriage, then he/she cannot enter into the marriage.
2. Soundness of Mind9: This provision makes it necessary that the parties should be capable
of giving free consent and should be of sound mind and should not be suffering from
recurrent attacks of insanity.
3. Age10: The bride groom is required to complete the age of 21 years and the bride should
have completed the age of 18 years.
4. The parties are not within prohibited relationships11.
5. The parties should not be ‘sapinda’ to each other12.
If we analyze all the conditions laid down under section 5 of Hindu Marriage Act, 1955, then
as such there are no restrictions on the individuals regarding caste or religion. All such

8
Section 5(i), Hindu Marriage Act, 1955.
9
Section 5(ii), Hindu Marriage Act, 1955.
10
Section 5(iii), Hindu Marriage Act, 1955.
11
Section 5(iv), Hindu Marriage Act, 1955.
12
Section 5(v), Hindu Marriage Act, 1955.
marriages including the inter-caste and inter-religious marriages, which fulfill all these
conditions, are valid irrespective of any other ground.

Muslim Law
Under Muslim law there is no division on the basis of Caste. They are divided into three
schools:
• Shia
• Sunni
• Mutuzilla
The essentials for marriage under the three schools are nearly same and as such no
prohibition is there on the parties to undergo inter-school marriages.
But when it comes to inter-religious marriages, Islamic laws prohibit them13.
In respect of inter-religious marriages, Sunni and Shia laws are different. The law is therefore
discussed separately in both the schools.

Sunni Law
Under Sunni law, a boy is allowed to marry a Muslim girl of any sect, and is also allowed to
marry a ‘Kitabia’ girl. A girl is kitabia if she belongs to a community origin of which is from
a heavenly book. Under law, Christians and Jews are considered to be kitabia. Thus a sunni
male has the right to contract a lawful marriage with a Christian or a Jew woman; their
marriage is perfectly valid.
If a sunni male marries a female who is neither a Muslim not Kitabia, the marriage is not
void; it is merely irregular (Fasid). An irregular marriage is neither valid nor void. As soon as
irregularity is removed, an irregular marriage becomes completely valid. For example, the
marriage of a sunni boy with a fore worshipper or a Hindu girl is merely irregular and may be
regularized and treated as valid when the girl converts to Islam. That is to say, the marriage
of a sunni male is not void; it is merely irregular with any non-muslim or non-kitabia girl.

Shia Law
Shia male has no right to contract a marriage with any non-muslim female. A shia muslim
cannot even marry even a kitabia female. All such marriages of a Shia Muslim are void.

13
See’ M.C. RICKLEFS, ‘A HISTORY OF MODERN INDONESIA SINCE C. 1300’, 3–14 (1991).
However, a Shia male may contract a Muta marriage with a kitabia or a fire worshipper
female.
Marriage of a non-Muslim Female with a non-Muslim male
A Muslim female, whether Shia or Sunni has no right to marry any non-Muslim male. If a
Muslim female marries any Hindu or Jew or Christian or Parsi, the marriage under both the
schools is void.

India follows a very rigid structure of the caste system. People are expected to marry within
their caste and whoever marries out of their caste and defy the traditional barriers are shunned
in the society. There are a number of honor killings reported every day and unfortunately,
they show pride in doing so. Thus, there came a grave need for a law to safeguard the
interests of those people who rose above these caste and religious divides, to marry for love.
So, the Parliament enacted the Special Marriage Act, 1954 which provides for a special form
of marriage for the people of India and all Indian nationals in foreign countries, irrespective
of the caste and religion. It provides for a civil Marriage of two Indians, without the need of
repudiating their respective religion.

The Special Marriage Act provides for a civil or non-religious form of marriage between a
man and a woman belonging to same or different communities. The marriage under this act is
popularly known as “civil marriage” or “court marriage”. It enables individuals to get married
outside of their respective community mandates. It provides a purely secular and non-
ritualistic ceremonial marriage and rules out caste and religious barriers to marriage. Many
community-based laws did not provide for inter-caste or inter-community marriages but this
rule enables individuals to get married out of their community mandates. This act prevails not
only in cases of inter-religious or inter-caste marriages or love marriages but it is also
applicable on same religion marriages. This act also offers an option to register marriages
performed as per one’s own personal laws.
Provisions Under Special Marriage Act, 1954

Anyone irrespective of religion can lawfully marry any one of opposite gender, under this act.
Marriage contracted under this act is known as ‘court marriage’. When a person solemnizes
marriage under this law then the marriage is not governed by personal laws but by the secular
laws. Similarly, the rights and duties arising out of marriage are also governed by the secular
law. Succession is governed by Indian Succession Act, 1925, and not by the personal laws.

The main reason behind the enactment of the Special Marriage Act was to provide a special
form of marriage for the people of India and all Indians residing in foreign countries,
irrespective of the religion or faith followed by either party, to perform the intended the
marriage.14 According to the Act, the bride and the groom shall observe any ceremonies for
the solemnization of their marriage, provided they complete certain formalities that are
prescribed for the marriage, by the Act15.

The Special Marriage Act 1954 has proved to be beneficial for the NRIs, because it provides
for the appointment of diplomatic and consular officers as marriage officers (registrars), for
solemnizing and registering marriages between citizens of India, in a foreign country. The
Special Marriage Act 1954 is applicable throughout India, except the state of Jammu and
Kashmir. Check out the clauses of the Act in the following lines.

The Special Marriage Act states that a marriage between two persons can be legalized, only if
the following conditions are satisfied at the time of marriage16:
a. Neither of the two has a spouse living, at the time of the marriage.
b. Neither of the two is incapable of giving a valid consent to the marriage due to
unsoundness of mind.
c. Neither of the party has been suffering from mental ailments to such an extent, that
they are unfit for marriage and the procreation of children.

14
Inter-caste & Inter-Religious Marriages: Social And Legal Issues By Samarth Trigunayat, CNLU
https://www.lawctopus.com/academike/inter-caste-inter-religious-marriages-social-legal-issues/
15
http://www.webcitation.org/5symq8ed8, accessed on 3/10/2013
16
Special Marriage Act, 1954.
 d. Neither party has been subjected to recurrent attacks of epilepsy or insanity.
e. At the time of marriage, the groom should be of twenty-one years of age and the bride
should be of eighteen years of age.
f. Both the parties are not within the degrees of prohibited relationship; provided where
a custom governing at least one of the parties permits of a marriage between them,
such marriage may be solemnized, notwithstanding that they are within the degrees of
prohibited relationship.
g. If the marriage is solemnized in the State of Jammu and Kashmir, both parties should
be the citizens of India, domiciled in the territories to which this Act extends.
h. When a marriage is intended to be performed in accordance with the Act, the parties
of the marriage shall give notice in writing, in the Form specified in the Second
Schedule to the Marriage Officer of the district, where the marriage is going to be
solemnized.
i. The marriage shall be solemnized after the expiration of thirty days of the notice
period that has been published under sub-section of the Act.
j. At least one of the parties going to perform the marriage should have resided for a
period of not less than thirty days, immediately preceding the date on which the notice
for marriage is issued to the registrar.
k. The marriage officer is bound to display the notice of the intended marriage, by
affixing a copy to some conspicuous place in his office.
l. If the marriage officer refuses to solemnize the intended marriage, then within a
period of thirty days of the intended marriage, either party can prefer an appeal to the
District Court, within the local limits of whose jurisdiction the marriage officer has
his office. The decision of the District Court, regarding the solemnization of the
intended marriage, shall be final.

The special marriage Act provides for a civil and non-religious form of marriage between a
man and woman belonging to the same or different communities. Marriage under this act is
popularly known as “civil marriage” or “court marriage”. Under this Act, any unmarried,
widowed or divorced man and woman who wishes to marry, are above the age of 21 and 18
respectively, are not insane or chronically epileptic, and are not related to one another by
blood or by marriage in any of the ways specified in a list attached to the Act, can approach
the marriage officer (also known as registrar of marriages) of the district in which one of
them has resided for at least 30 days prior to the date on which they give notice that they wish
to be married. They have to jointly give in writing a notice that they wish to be married
within three months.

Parties who intend to marry must give written notice to a marriage officer from the district in
which at least one of the parties has resided “for a period of not less than thirty days
immediately preceding the date on which such notice is given.” 17 The marriage officer
publishes the notice “by affixing a copy thereof to some conspicuous place in his office.” 18
From the date a notice is published, a period of thirty days is allowed for any objection to the
marriage “on the ground that it would contravene one or more of the conditions specified in
section 4 [of the Special Marriage Act]”19 for a valid marriage. If an objection is made to an
intended marriage, “the Marriage Officer shall not solemnize the marriage until he has
inquired into the matter of the objection and is satisfied that it ought not to prevent the
solemnization of the marriage or the objection is withdrawn by the person making it.” 20 The
Marriage Officer has a period of thirty days from the date of the objection for “inquiring into
the matter of the objection and arriving at a decision.”21 If an objection is upheld by the
marriage officer it can be appealed to a district court for a final decision.22

If a Hindu (statutorily defined as including Sikhs, Jains, and Buddhists) marries a non-Hindu
under the Act, he or she cannot inherit ancestral property, which is a right established under
the Hindu Succession Act. Instead, provisions of the Indian Succession Act of 1925 apply.23

According to the US State Department’s 2013 report on religious freedom in India, there are
“reports that many couples faced administrative difficulties” in solemnizing marriages under
the Special Marriage Act and were subjected to “harassment by local officials during the
registration process.”24 In addition, the written notice that parties must submit, which is open
for public comment for a period of thirty days, includes their “addresses, photographs, and
religious affiliation,” opening the couple up to “possible harassment by religious groups
objecting to interreligious marriages.”25 One report also notes that the requirement of one of
17
Special Marriage Act§ 5.
18
Id. § 6(2).
19
Id. § 7(1).
20
Id. § 8(1).
21
Id.
22
Id. § 8(2).
23
Id. §§ 21 & 21A
24
U.S. Department of State, Bureau of Democracy, Human Rights, and Labor, 2013 Report on International
Religious Freedom: India (July 28, 2014), http://www.state.gov/j/drl/rls/irf/2013/sca/ 222329.htm.
25
Id.
the parties having to reside in the area for thirty days is a hurdle for couples who wish to
elope from the town or city in which they reside.26
Hence it can be said that Special Marriage Act is basically the legislation formalized to give
validity to few specific marriages which are declared as void or voidable under the provisions
of various personal laws. Due to this feature of the act, it is one of the most secular laws in
civil matter of an individual. This step can further help in strengthening good relationship
between various castes and religions.

Inter-religious marriage is a type of mixed marriage. In India, inter caste and inter religious
marriage is often frowned upon. In some regions it’s even considered taboo. Considering the
rigid social hierarchies still observed in the country, people are expected to marry with their
communities, castes or religion, thereby maintaining the social hierarchy. Besides, each
religion and caste have their own traditions and rituals, which followed by a registration of

26
R. Nithya, Why Does the Secular Indian State Discourage Inter-Religious Marriages?, News Click (Nov. 15,
2013), http://newsclick.in/india/why-does-secular-indian-state-discourage-inter-religious-marriages.
the marriage is accepted by the law. The Constitution of India, social legislation, and
governmental policy and programs are in favor of such marriages.

The basic problem in Indian society is not of class division but of caste division. Marriage
within the same caste and same religion is the rule of land of the Indian society. To think of
marriages between different castes and different religions is a difficult and socially
unacceptable proposition. Until recently, inter religion marriage was a rare phenomenon in
traditional India, even with the many religious communities dwelling there, including Hindus,
Muslims, Christians, Parsis and others. Facilitated by education, industrialization, rural-urban
migration, and social mobility, inter-faith marriages are increasing in number in India today.
Economic status, level of education, and type of occupation are important determinants of
inter-religious marriages. Despite serious resistance by the majority of society, this type of
marriage is likely to increase under present conditions of life. The process of modernization,
westernization, democratization and development has brought lots of positive changes in
Indian society.

So little sociological study has been done in this field, that there is tremendous scope for
further research.
CHALLENGES IN INTER-RELIGION MARRIAGE:

1. Lack of support from friends and family: According to sociologist Lynette

Clemetson, the relative lack support that inter-cultural couples might receive from friends
and family in the initial period of their relationship, can give rise to trust issues between
them later which makes the relationship difficult (Clemetson, 2000). The same is
applicable to inter-religious couples also. I’d suggest you take time to understand each
 other fully, gain confidence in your commitment and only then introduce each other to
your families, so as to earn more of their support.

2. Challenges understanding each other: As you know, a religion is a way of life. For
example, I’m a Hindu – I’m used to seeing idols worshipped every day in my home. If
you’re a Christian this might come across as blasphemous to you. Religion shapes
everything from lifestyle (consider the strict vegetarianism practised by Jains), to
philosophy of life (think Muslims having their own legal code). Two people coming from
two different religious backgrounds, thus, need to make extra efforts to understand each
other. Fun activities like picking up a children’s book on the history of each other’s
religions, or participating in religious holidays can be powerful first steps in the lifelong
journey of overcoming such barriers.

3. Patience and acceptance: There are always moments in an inter-religious marriage

when differences in beliefs are probably really irresolvable. Such situations are inevitable.
It’s not always easy to think outside the box you’ve lived in since birth. Being conscious
of such a possibility and having the patience to accept differences and yet love each other
for who they are is crucial for success of the relationship.

4. Children: The most challenging aspect of inter-religious marriages is probably

handing down beliefs systems and life philosophies to children. However, all religions
have the same values and spiritual aims at their core. It’s the practices and traditions
which differ. You need to inculcate this basic understanding in your children early on and
help them see each of your religions as just one more way to spiritual enlightenment. If
you as an inter-religious couple can do it right, your children have the potential to grow up
as more aware, more conscious people than children of same-religion marriages. The
inter-religious family will also help them develop a truly open outlook of the world and
treat human beings as human beings, irrespective of their caste, creed, race and religion.
5. Parents: Some of you might think this should’ve been my first point, but we’ve
deliberately moved it to the last. On the basis of my own experience we believe that in
terms of gravity, outside challenges to a relationship can never even compare to the
challenges any couple faces between them, to make their own relationship work.
A super khap panchayat

One of the most curious provisions of the Act is that the process requires a notice period,
unlike under religious personal laws. Couples who want to marry under the Special Marriage
Act have to apply in writing to the marriage officer. The marriage can be conducted only
after a month and only if no objections are raised in that time. Moreover, a notification
announcing the marriage needs to be displayed at a prominent place by the marriage officer.

Clearly, this provision has no other use other than to intimate the families of the couple
getting married as well as other caste or religious leaders, who might oppose such a match.
Once the marriage has been announced, not only can anyone raise a simple objection, thus
delaying the marriage date indefinitely, the fact that the exact location and date of the
marriage is publicly known means that physical force can easily be used to stop the
ceremony.

Further, the Act also stipulates that an application for marriage can be made only in a place
where at least one of the parties resides. In practice, this means that in India runaway inter-
religious marriages are literally not permitted by law.

Furthermore, if either of the parties is not a permanent resident of the place, the Act says that
the marriage officer has to inform the court in the district within whose limits that party is a
permanent resident. The court must then display a copy of the announcement of the intended
marriage at a conspicuous place in its premises.
In effect, what this means is that marriage officers must send a letter to the permanent
addresses of the parties, informing them that their son or daughter is about to do the
unthinkable: exercise his or her fundamental right to marry someone of his or her choosing.

Special protection to Hindus

In practice, therefore, by making sure that parents as well as caste or community leaders are
aware of the time and location of the intended marriage well in advance, the Indian state acts
like a super khap panchayat, by making sure that society decides whether the couple should
get married or not.

CONCLUSION

Today, with change in time and change in era, the Indian society has also changed it to a
certain level. With many social reforms coming, the cities in India have shown a remarkable
growth in inter-caste and inter-religious marriages, ultimately helping the communities and
castes to exist together.

The authors examine trends in spouse choice, the length of time spouses knew each other
prior to marriage, intercaste marriage, and consanguineous marriage at the national level as
well as by region, urban residence, and religion/caste. During this period, women were
increasingly active in choosing their own husbands, the prevalence of spouses meeting on
their wedding day decreased, intercaste marriage rose, and consanguineous marriage fell.
However, many of these changes were modest in size, and substantial majorities of recent
marriages still show the hallmarks of arranged marriage. Further, instead of displacing
parents, young women increasingly worked with parents to choose husbands jointly. Rather
than unilateral movement toward Western marriage practices, as suggested by theories of
family change and found in other Asian contexts, these trends point to a hybridization of
customary Western and Indian practices.