The Act effected radical changes in the law of marriage of Hindus. It brought about uniformity in the Hindu law of marriage, by codifying it. The Act has been given an overriding effect, as a result of which the texts, rules and customs, which are in contravention to the present Act, stand abrogated. The characteristic changes brought about by the Act can be described as under:—
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(1) A Hindu marriage is now not so much concerned with religion. It is more a result of mutual consent than sacramental [Sections 5(ii), (iii), 11 to 13 and 7].
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(2) Under Section 2 it follows that marriages amongst Hindus, Jains, Sikhs and Buddhists are now valid Hindu marriage in the eyes of the law.
(3) It has introduced monogamy. Under Sections 5 of the Act, it has been stated that a marriage becomes null and void, if at the time of marriage, either party to marriage has a living spouse.
(4) Bigamy has not only been prohibited, but has been made an offence punishable under the Indian Penal Code.
(5) The Act has permitted inter-caste marriages. Under Section 29 of the Act, the marriages between persons of two different castes, which were effected before the commencement of the present Act, have also been declared as valid. In Lata Singh v. State of U.P.,’ the Supreme Court held that inter-caste marriage not barred under the Act or any other law major boy or girl is free to marry anyone he or she likes or live with anyone he or she likes.
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(6) Marriage between the persons belonging to the same Gotra has been legalised. The Act has given a clear definition of the word “sapinda” and has thereby abolished the distinction between the Mitakshara and Dayabhaga schools about sapinda relationship. It has also clearly defined the prohibited degree of relationship for the purpose of marriage.
(7) The minimum age of marriage for the bridegroom and for the bride has been fixed as 21 years and 18 years respectively after the Child Marriage Restraint (Amendment) Act, 1978 and also by the Prohibition of Child Marriage Act, 2006 (Act No. 6 of 2007).
(8) The Act has introduced some new matrimonial reliefs like restitution of conjugal rights, judicial separation, nullity of marriage and divorce under certain conditions and circumstances.
(9) The Act has made provision for the registration of Hindu marriage. It does not provide for any particular form of marriage, but if the rites and ceremonies include Saptapadi then the marriage is complete and binding when the seventh step is taken jointly by the parties before sacred fire. The Act now lays down conditions of a valid marriage and does not recognise any particular form of a Hindu marriage (Section 5).
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The Act now makes no distinction between the marriage of a maiden and the marriage of a widow.
(10) The Act has allowed the right of claiming alimony pendente life and also permanent maintenance by either of the spouse having no source of income.
Section 24 of the Act makes provisions for maintenance pendente lite and for expenses of legal proceedings. Similarly, Section 25 provides for permanent alimony and maintenance and Section 26 of the Act provides for the custody, maintenance and education of minor children during the pendency of legal proceedings as also after passing of decree.
(11) The Act confers legitimacy to children born of void and voidable wedlocks so as to enable them to inherit the property of their parents.
(12) The right for disposal of property presented at or about the time of marriage, which may belong jointly to husband and wife, has also been conferred upon parties by this Act.
Provision for registration of Hindu marriage has been provided for the first time.