Conditions of Hindu Marriage

“Marriage has been the greatest achievement over Sanyasa"- Bhagwat Gita

The ideal of Hindu marriage has always been very great. Since the Vedic period, the sacredness of marriage has been recognized. Polygamy was acknowledged, but at no point in the evolution of Hindu law was it approved or acclaimed. During the British period, it was established that every Hindu could get married. Only prohibitions were made on the basis of caste, religion, gotras, and blood relations.

Conditions of Hindu Marriages

Hindu law developed the institution of marriage and idealized it. The Hindu Marriage Act, 1955 has simplified the law of marriage. It does not specifically provide for any form of marriage; the Act refers to a marriage solemnised under it as a Hindu marriage which may be performed in accordance with the Shastra rites and ceremonies and in accordance with the customs that prevail in the community to which bride or groom belongs.

The conditions of a valid Hindu marriage were laid out in Section 5 of the Hindu Marriage Act, 1955, which codified Hindu law. Following are the conditions of valid Hindu marriage in detail

Monogamy

Section 5(i) of the Hindu Marriage Act introduced the rule of monogamy, which means neither party to the marriage has a living spouse at the time of marriage. This clause prohibits the rule of polygamy and polyandry. Polygamy was legal in Hindu law prior to the enactment of the Hindu Marriage Act in 1955, but it was always frowned upon.

The effect of the rule of monogamy is given under Section 11, which states that any marriage solemnized after the commencement of the Act will be considered null and void.

According to Section 17 of the Act, the punishment of bigamy will be the same as mentioned in Section 494(Marrying again during the lifetime of husband or wife) and Section 495(Concealment of former marriage from person with whom subsequent marriage is contracted) of Indian Penal Code 1860 i.e., imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

The Supreme Court held in the case of Dr. N.A. Mukherjee vs. State, AIR 1969 A11 489, that, the performance of fake marriage ceremonies does not amount to valid marriage, and therefore the prosecution of bigamy failed.

Mental Capacity

According to Section 5(ii), at the time of marriage, neither party

• Is incapable of giving valid consent to it in consequence of unsoundness of mind, or

• Though capable of giving valid consent has been suffering from a mental disorder of such a kind or to such an extent to be unfit for marriage and procreation of children, or

• Has been subject to recurrent attacks of insanity (epilepsy).

According to Section 12, any marriage solemnized in contravention of this condition is a voidable marriage at the option of the parties to the marriage.

In the case of Manishwar vs. Indra, it was held that Section 5 (ii) relates to pre-marriage conditions and not the post-marriage mental conditions

Age of Parties to Marriage

Section 5(iii) prescribes the ages of the bridegroom and bride as 21 years and 18 years respectively. In ancient India, child marriage was very common, the Hindu sages were in favour of early marriages of girl child. During British era, the age of 15 years for the bride and 18 years for the groom was prescribed in The Child Marriage Restrain Act,1929. But The Child Marriage Restraint (Amendment Act), 1978 raised it to the present condition.

In the case of Duryodhan vs. Bengabatti, it was held that the contravention of this condition does not make marriage void or voidable as per Section 11 and 12 respectively. Though the marriage remains valid yet it is a punishable as an offence Section 18 which states imprisonment of fifteen days, or with fine which may extend to one thousand rupees or with both.

Degrees of Prohibited Relationships

Section 5(iv) prescribes that the parties to the marriage must not be related to each other within the prohibited degrees of relationship unless any custom governing each of them permits the marriage between the two.

According to Section 3(g), "degree of prohibited relationship" means when two or more persons are related to each other in any of the following manners

• By lineal ascent- This relationship covers the sapinda relation which extends up to a fifth degree in line of the father and a third degree in line of mother.

• By affinity- if one is the husband or wife of the lineal ascendant or descendant of the other. For example, a father-in-law and daughter-in-law

• Wives of certain brother relations. For example- wife of the brother, wife of father’s brother etc.

• Certain close relations like brother and sister, niece and uncle etc.

Relationships include blood relations (full-blood, half-blood, and uterine blood relations) as well as adoption relationships.

The contravention of this condition will lead to a null and void marriage as per Section 11 and punishment under Section 18(b), which is simple imprisonment, which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

Sapinda Relationship

Section 5(v) states that one of the conditions is that both parties to a marriage must not be within Sapinda relations unless a custom governing each of them allows it.

Section 3(f) explains the sapinda relationship with reference to any person in line of ascent extends as far as the third generation (inclusive) through the mother and the fifth generation through the father (inclusive); the line being traced upwards in each case from the person concerned is counted as the first generation.

According to Section 11, marriage in a sapinda relationship will be null and void.

Conclusion

Marriage under Hindu law is a sacrament that requires validation of the above-mentioned essentials of marriage. Every valid essential laid down under this Act has a reason behind its formulation. With the aim of maintaining a harmonious relationship between Hindu customs and societal needs, Thus, in order to perform a valid Hindu marriage, the parties must be monogamous, of sound mind, major by age, beyond the forbidden degree, and not in a sapinda relationship. A marriage that fulfils these conditions is considered valid and has effect under the Hindu Marriage Act, 1955.

Frequently Asked Questions

Q1. How many conditions are laid down in Section 5?

Ans. In a Hindu family, for a valid marriage, the Hindu Marriage Act, 1955 defines Five conditions.

Q2. Can a Hindu man have two wives at the same time?

Ans. No, polygamy is null and void and punishable under the Hindu Marriage Act, 1955.

Q3. What is the purpose of Hindu Marriage Act 1955?

Ans. The Hindu Marriage Act of 1955 is a law that governs the marriage of Hindus in India. It establishes the rules regarding the conditions of marriages and procedures for the registration of Hindu marriages, as well as the rights and obligations of married couples. Besides, the Act also provides for the dissolution of marriage under certain circumstances. Passed in 1955, the Act aims to provide a legal framework for the regulation of Hindu marriages, which was previously governed by various religious texts and customs Moreover, the purpose of the Hindu Marriage Act is to provide legal recognition and protection to Hindu marriages, and to help ensure the well-being and stability of Hindu families.