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Conditions for a Valid Marriage

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Palak Rana
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17 views

Conditions for a Valid Marriage

Uploaded by

Palak Rana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Conditions for a Valid Marriage [Section 5 of HMA, 1955]

Section 5(1) provides that a marriage can be solemnised between two Hindus, if the
following conditions are fulfilled:

 Spouse living at time of the marriage: neither of the parties to marriage should have
any spouse living at the time of marriage.
 At time of marriage, neither party to marriage should be incapable of giving a valid
consent for the marriage
 At the time of marriage, though capable of giving a valid consent, is suffering from
any mental disorder of any such type or to such an extent, that is unfit for marriage
or procreating children.
 At the time of marriage, has been subject to recurring attacks of insanity.
 Age of the bridegroom and bride must be 21 and 18 years of age, respectively.
 The parties must not be within the degrees of the prohibited relationship. Exception
to this is only provided if the custom or usage governing them, allows such a
marriage.
 The parties must not be sapindas of each other. The following exceptions to this are
provided by the permission of customs or usages governing the parties.

Monogamy:

Hindu Marriage Act, 1955 provides the rule of monogamy & prohibits polygamy &
polyandry. The condition laid down in this clause for a valid marriage is one of those
conditions, render the offending party liable for prosecution under Sections 494 and 495 of
Indian Penal Code,1860(IPC).

Sanity or Mental Capacity:

 Section 5(ii) provides about the mental capacity of the spouses at the time of
marriage. It was provided, in the original act, that neither party to a marriage should
be idiot or lunatic at the time of marriage.
 The mental disorder of insanity must be in existence at the time of marriage. Such
marriages may be declared as voidable under Section 12 of the act.
 But if a person subsequent to the date of marriage suffers from mental disorder or
insanity, the provision of this clause are not contravened, because it applies to such
cases where the parties are insane at the time of marriage.

Age of Parties to Marriage:

The minimum age for marriage is fixed. The minimum age fixed for marriage to 21 years
in case of the groom and 18 years of age in case of bride. A contravention of this clause
would neither render the marriage void under Section 11 of this act nor voidable under
Section 12 of the act. The Hindu Marriage Act provides in Section 18 punishment of child
marriage i.e., imprisonment upto 15 days (about 2 weeks) or a fine upto Rs 1000 or both).

Beyond Prohibited Degree:


Section 5(iv) prohibits marriage between the person who are within the ‘prohibited degree
of relationship with each other’. Section 3(g) provides, two persons are said to be within
the degree prohibited relationship:

i. If one is lineal ascendant of the other; or


ii. If one was the wife or husband of lineal ascendant or descendant of the other; or
iii. If one was the wife of the brother or of the father’s or mother’s brother or of the
grandfather’s or grandmother’s brother of the other; or
iv. If the two are brother-and-sister, uncle-and-niece, aunt-and-nephew, or children of
brother and sister or of two brother and sister or of two brothers or sisters.

It should also be noted that prohibited relationship includes –

i. Relationship by half or uterine blood as well as by full blood,


ii. Illegitimate blood relationship as well as legitimate,
iii. Relationship by adoption as well as by blood; and all of terms of relationship in
those clauses shall be construed accordingly. But if the custom or usage governing
each of parties to the marriage allows the marriage within the degree of prohibited
relationship, then such marriage will be valid & binding.

Section 18 of Hindu Marriage Act provides simple punishment upto one month or with
fine upto 1,000 rupees for contravention of this condition.

Beyond Sapinda Relationship:

Section 5(v) prohibits marriage between persons who are sapindas of each other. A
marriage in contravention of this clause, i.e., it will be void & may be so declared under
Section 11 and the person contravening to the provision of this clause would be punishable
under Section 18. The word ‘sapinda’ means relation connected through same body.

Related Case Law

In Sarla Mudgal v. Union of India (1995):

Bigamy was in question. The husband already married under Hindu Law embraced Islam
and solemnised a second marriage under Muslim Law. The Supreme Court held that the
second marriage would be invalid because unless and until the first marriage is dissolved by
a decree under Hindu Marriage Act, the Second Marriage during subsistence of the first one
would be in violation of the Hindu Marriage Act, 1955 which strictly profess monogamy.

Conclusion

To constitute a valid Hindu marriage under Hindu law, parties to marriage should be
monogamous, should have sound mind, should be major by age and should be beyond
prohibited degree. A marriage fulfilling these conditions is considered to be valid and have
effect under the Hindu Marriage Act, 1955.

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