HINDU  MARRIAGES  IN UGANDA.

  HINDU MARRIAGE

Many Hindus see marriage as a lifelong sacred ceremony that binds a man and a woman together. Marriage is viewed by Hindus as a right place to enjoy sexual pleasures which is allowed as part of the life aim of Karma.

Under both the Hindu and the English systems of law marriage was formerly a sacrament and, therefore, indissoluble, but the nature of the marriage was different in that, while an English marriage was a voluntary union for life of one man and one woman to the exclusion of all others, a Hindu marriage was a gift of the bride by her father to her husband. According to Hindu religious belief the marriage subsisted not only during the life time of the spouses but also in. subsequent "existences; a Hindu widow was not allowed to remarry, as her previous marriage was; not dissolved the death of her husband.

 

For the purposes of Hindu marriage and divorce Act chapter 250 the following persons are hindus; Buddhists, Jains, Sikh as the case maybe a person legitimate or illegitimate, both of the parents are or were of Hindu Buddhists, Jains or Sikhs by religion section 1 (2)

Both parties are of sound mind at the time of the marriage

The bridegroom has attained the age of eighteen and the bride the age of sixteen at the time of marriage. However, where the bride has not attained the age of eighteen, the consent of her guardian in marriage if any has been obtained for the marriage

The parties are not within the prohibited degrees of consanguinity, unless the custom governing each of them permits a marriage between them.

Section 2 (2) of the Hindu marriage and divorce Act chapter 250 prohibits anyone to marry anyone not more than two generations distant if ancestry is traced through the mother of the descendant or four generations distant if ancestry is traced through the father of the descendant. Maybe one was;

 one was the wife of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; (d) one was the husband of the father’s or mother’s sister or of the grandfather’s or grandmother’s sister of the other; (e) they are brother and sister, uncle and niece, aunt and nephew or children of brother and sister or of brothers or sisters

According to section 3 Guardianship in marriage is necessary;

Whenever the consent of guardianship in marriage is necessary for a bride be; a father, mother, paternal grandparents or Maternal grandparents, No person shall be entitled to act as a guardian in marriage Unless that person has himself or herself attained the age of twenty-one

If there is no such person as is referred to above, a guardian in marriage may be appointed by a chief magistrate or a magistrate grade I on the application of any interested party.

Ceremonies: Hindu marriages are validated or solemnized according to customs which include Saptapadi which is the taking of seven steps by the bride and groom around the sacred fire together. The marriage becomes complete and binding when the seventh step is complete.

Another ceremony of the Hindu is the Anand Karaj which is going around of the granth sahib by the bride and groom together; the marriage becomes complete and binding as soon as the fourth round is completed.

Section 5 provides for the registration of marriages; The minister shall make rules for marriages to be registered in the period to be prescribed. The minister shall also make rules requiring the priest or any other person performing the marriage to issue certificates. imposing fees for the issue of certificates of marriage and for the issue of copies or translations of the certificates

any person who contravenes any provision of those rules commits an offence and is liable on conviction to a fine not exceeding two thousand shillings.

All fees collected in pursuance of rules made shall be paid into the Consolidated Fund.

  The validity of a marriage shall in no way be affected by the omission to make an entry in any marriage register, nor shall registration render valid any marriage which would otherwise be invalid

NOTE: A marriage entered into after the celebration as per the Hindu marriage and Divorce Act with the first marriage still in force shall be void[1]

For purposes[2]; Any person who solemnizes or procures to be solemnized a marriage in respect of which any of the conditions specified in section 2(1)(c), (d) and (e) has not at the time of the marriage been fulfilled commits an offence and is liable on conviction— (a) in the case of the condition specified in paragraph (c), to a fine not exceeding five hundred shillings; (b) in the case of the condition specified in paragraph (d), to a fine not exceeding one hundred shillings; and (c) in the case of the condition specified in paragraph (e), to a fine not exceeding one thousand shillings.

In case of indefinite separation causes, the divorce act shall apply to marriages. The petition for divorce maybe presented on grounds that the respondent has ceased to be Hindu by conversion to another religion.

 Where the respondent has renounced the world by entering a religious order and has remained in that order apart from the world for at least three years immediately preceding the presentation of the petition; and the wife, in the case of a marriage solemnized before the commencement of the Hindu marriage and divorce Act, on the ground that her husband— (i) at the time of the marriage was already married; or (ii) married again before the commencement of this Act, the other wife being in either case alive at the date of presentation of the petition.

it appears that cruelty, as there contemplated, must be such as to cause a reasonable apprehension that it will be harmful or injurious for the petitioner to live with the other party. Hot only past cruelty but also a reasonable apprehension of its repetition in the future Q has to be proved. Lord Merrlman commented on Meacher v M £l94£J 216  in the following words, "When the legal conception of cruelty is described aa being conduct of such a character as to cause danger to life , limb or health bodily or mental or a reasonable apprehension of it , it is vital to bear in mind that it comprises two distinct elements: first the ill-treatment complained of, and secondly, the resultant danger or the apprehension thereof* Thus it is inaccurate, and liable to lead to confusion, if the word  cruelty is used as descriptive only 10 of the conduct complained of, apart from its effect on the victim ."

An order of nullity of marriage— (I) shall not be granted on the ground that the parties are within the prohibited degrees of consanguinity if the custom governing each party permits a marriage between them;

 (II) in the case of a marriage solemnized before the commencement of this Act, shall not be granted on the grounds that the former husband or wife of either party was living at the time of the marriage and the marriage with the previous husband or wife was then in force;

In Bhaurao v. State of Maharashtra39 it was laid down that solemnization of the marriage with proper rites and ceremonies was essential in the Gandharva 1 form, similarly it was recently held by the Supreme Court (Kanwal v. Administration A,I,R, 1966 S,C) in a case of bigamy that in order to prove the validity of the second marriage it is necessary to prove that the essential nuptial ceremonies were performed

(III) may be granted on the ground that the consent of a guardian in marriage was necessary under this Act and was obtained by force or fraud.

Conclusion

Hindu marriage is recognized worldwide as a distinct kind of marriage commonly known for bloody relatives marrying as official husband and wife. In Africa (Uganda) section 149 (1) of the penal code act cap 120 and among Christianity this is a form of sexual abuse called incest; of which is regarded as an abomination towards them and towards the divine sovereign being God.

REFERENCES

Penal code Act cap 120
 Marriage and divorce Act of Uganda,

Hindus marriage and divorce chapter 250

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