Section 5 of Hindu marriage act, 1955
says conditions for a Hindu
marriage ; a marriage may be solemnized between any two Hindus , if the
following conditions are fulfilled, namely:
- any one party living to the spouse at the time of marriage;
- At the time of the marriage, neither party,-
(a) Is incapable of giving valid consent, to it in consequence of
unsoundness of mind; or
(b) Though capable of giving a valid consent, has been suffering from mental
disorder of such a kind or to such an extend as to be unfit for marriage and
the procreation of children; or
(c) Has been subject to the recurrent attacks of insanity
- The bridegroom has been completed age of twenty one years and the bride
the age of completed eighteen years at the time of marriage;
- The parties are not within the decrees of prohibited relationship,
unless the custom permits the marriage;
- The parties are not Sapindas of each other, unless the custom or usage
permits the marriage between two;
Marriage solemnized between the two Hindus, any one already married subsequent
marriage was void. The two parties should not married at the time of marriage.
The parties was unsound mind at the time of marriage, the marriage was viod. The
party was sound mind, but the party was affect any recurrent attacks or unfit
for the procreation of child in this marriages also not consider a valid
marriage. The bridegroom was complete age of 21 and the bride was complete age
of 18 after only fix the marriage.
The parties not complete this age limit, the marriage was consider child
marriage. This age limit’s fixing year of 2006, under child marriage prohibition
act of 2006(6 of 2006).the Act of 1955 as well as Yajnavalkya prohibits marriage
between Sapindas. Yajnavalkya says Sapindas relationship extends upto 7 degrees
for fathers side and upto 5 degrees for mothers side.
But, this was relaxing the degrees, fathers sides 5 degrees and mothers side 3
degrees. Yajnavalkya Smriti mentions the girl should be Yaviyaseem i.e., the
girl should be younger than bridegroom. But, this conditions was not mandatory.
It was not affect the valid marriage. Under the present law no requirement that
the bride should be younger than bridegroom.
Ex; male age 17 years and female age 13 years such a marriage was contrary to
section 5clause(iii) of Hindu marriage act, 1955. But this marriage was valid.
The only consequence is punishment under section 18 of Hindu marriage act.
There was no requirement that a bride should be a virgin.
Section 7 says ceremonies of Hindu marriage; A Hindu marriage may be
solemnized in accordance with the customary rites of either party satisfied. All
customary rites included the saptapadi (that is the taking seven steps by the
bridegroom and the bride jointly before the sacred life).
Section 8 explained the registration of Hindu marriage, registration
purpose was evidence of the marriage. Non- registration is punishable with fine
which extend to be 25 rupees. This registration was any time everyone can
inspection. Section 8(5) specifically states non registration shall not affect
the validity of marriage.
But the recent judgment by the supreme court in Seema vs Ashwani kumar
AIR 2006 SC 1158, the court issued the directions that the marriage of all
Indian citizen belonging various religious, should be made compulsory
registration. If the marriage is registered, most of the disputes was easily
avoided. Registration was protect the women’s rights, and also avoid the
legitimacy issues of children’s. It’s also safe the children’s rights.
In P. Ramesh Kumar vs Secretary Kannapuram Gram Penchant, AIR 1998 ker.
95, in this case learned single judge of the Kerala high court held that a
Japanese Buddhist lady having a Japanese citizenship, this lady was marry Hindu
boy. But the registration certificates was not issues because he was not
domicile of India.
Conditions for void marriage under Hindu law
Section 11 of the Hindu marriage act, 1955 was explained void marriages. Any
Hindu marriage controversy to the section FIVE clause (i), (iv) and (V) in this
marriage was void.
In Kedar Nath vs Smt. Suparva AIR 1963. In this case, A was married B,
and then A was married C. B was the legitimate and first wife of the A. C was
file a relief petition to A. but, B was not present in this petition. C file
case was opposed the law. So, under amendment section also stranger cannot seek
relief under the act. He may seek under general law.
In Vinita Saxena vs Pankaj Pandit, AIR 2006 SC 1662(2) CCC52 (SC). In
this case parties was affecting the mental disorder and not possible to
procreation of children, it may furnish the ground for nullifying the marriage.
Another case M.M. Malhotra vs UOI, AIR 2006 SC 80. In this husband was
marrying the other women. But, the first marriage was not terminated. The court
held that, second marriage was void and null. Because, this marriage was violate
the valid marriage condition section FIVE clause (i).
Another land mark case Lily Thomas vs UOI, AIR 2000 SC 1650. A Hindu wife
was filing a complaint for the offense under section 494, IPC on the ground for
bigamous of the marriage. Husband was marrying other women in subsisting of
He was firstly marring Hindu girl, and he was converting to Islamic religion.
Marrying to the Islamic girl, he thinks now he was Muslim and also apply the
Muslim law only. But, the laws says the person was marrying women dissolve the
marriage after only convert any religion. Before dissolving the marriage, at the
time of marriage law only govern the parties.
Conditions for Voidable Marriage under Hindu law
Section 12 of Hindu marriage act 1955, says voidable marriage:
- As to impotence;- under old clause (a), decree of nullity on the ground
of impotence, it had shown that the disability was existing from the time of
marriage onward. But, now this provision was omitted. The fact of non
consummation of the marriage owes to the respondent’s impotence are all the
need be proved under the amendment clause. It was most advanced provision.
- That the marriage was been in the contravention of the condition
specified in clause (ii) of section 5;
- The consent to the marriage has been obtained from force or fraud.
- The respondent was pregnant at the time of marriage by some other
persons other than the petitioner.
Section 12 clause (2) says no petition file for annulling and void
- the petition is presented more the one year after discover fraud.
- The petitioner has, with his or her full consent, lived with the another
party to the marriage as husband or wife after the force had ceased to
conduct or, in case may be, the fraud had been discovered (more than one
The respondent was at the time of the marriage pregnant by some person, the
petitioner was file a petition for nullity of marriage.
The court satisfied following instruction:
- the petitioner was at the time of the marriage ignorant of the facts and
- That proceedings have been institute in case of a before a solemnized
marriage commencement of this Act within one year of such commencement and
in the case of after solemnizing marriage such commencement within one year
from the date of the marriage; and
- That marital intercourse with the consent of the petitioner has not
taken place since the Discover by petitioner of the existence of the said