Conditions For a Valid Hindu Marriage in 2024

Conditions For a Valid Hindu Marriage are given under The Hindi Marriage Act, of 1955 which is an essential law governing Hindu marriages in India. It lays down the legal framework and guidelines for conducting a Hindu marriage. Under this Act, there are specific conditions that need to be fulfilled for a Hindu marriage to be considered valid. These conditions are listed under Section 5 of the Act. In this article, we will discuss the conditions for a Valid Hindu marriage under Section 5 of The Hindu Marriage Act, 1955.

Section 5 of the Hindu Marriage Act, 1955 provides certain conditions to be fulfilled for a valid Hindu marriage. These conditions are mandatory. If these conditions are fulfilled in a Hindu marriage, it is called “Valid Marriage.” The Hindu Marriage is a Sacrament. It is not a contract. It is sacred, because the marriage is performed by the Mantras. The Sastraic law and custom have been prevailing in India since Manu time to up to now in Act.

Conditions for a Valid Hindu Marriage

There are certain conditions for a Valid Hindu Marriage in The Hindu Marriage Act, 1955 which are inserted from the ancient Hindu customs. Some of these ancient customs were good and some were bad. In this Hindu Marriage Act, good customs are incorporated in Section 5, and some new conditions are also added. There are conditions for a valid Hindu marriage and the effect of Contravention of these conditions: –

1. Bigamy: The first condition is that neither party should have a spouse living at the time of marriage. This condition ensures that the marriage is bigamous, polygamous, and monogamous and that no one is forced to enter this relationship.

The ancient Hindu Law and Customs were allowed bigamy and polygamy. This custom is deleted by clause (i) of Section 5. Now bigamy and polygamy are punishable offences.

Contravention: Section 17 of the Hindu Marriage Act, 1955 penalizes a person for re-marrying after the commencement of this Act, if on the date of marriage, he or she had a living spouse(Husband/Wife) of an earlier marriage. It further provides that such a second marriage will be Void. Sections 494 and 495 of the India Penal Code will apply to offenders of bigamy, according to this section.

Punishment:  Under section 494 – Imprisonment for 7 years and fine and Compoundable. Under section 495 – Imprisonment for 10 years and fine and non-compoundable.    

1. Fit for Marriage: The second condition is that both parties must have Fit for Marriage.
2. Unsoundness of Mind: Both parties must have the mental capacity to understand the nature and consequences of the marriage. Contravention – If either party is of unsoundness of mind or unable to give valid consent, the marriage will not be considered valid.
3. Impotency: If the bridegroom is found impotent after the marriage, the marriage can be set aside. Contravention – Under Section 12 of the Hindu Marriage Act, such marriage will be a voidable marriage, and may be annulled by a decree on the ground of Impotency.
4. Insanity: Both parties should not have suffered from the disease of recurrent attacks of insanity. Contravention – States that any marriage solemnized shall be voidable and may be annulled by a decree of Nullity on the ground of Insanity under section 12 of the Act.

• Age: The Third condition for a valid Hindu marriage is that the bridegroom must be at least 21 years old, and the bride must be at least 18 years old at the time of the marriage.

Contravention: If either party is underage, the marriage will not be considered valid. Child marriage will be Voidable at the option of the party who was a child. Section 18 (a) of the Hindu Marriage Act lays down the Punishment. Section 18 (a) says that in the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to 2 years, or fine which may extend to 1 Lakh rupees or with both.

To prohibit child Marriages in India, the Indian government enacted the Prohibition of Child Marriage Act, of 2006, and fixed the marriageable age to 21 years for the bridegroom and 18 years for the bride.

 

1. Prohibited Relationships: The fourth condition is that the parties must not be within the degree of prohibited relationships. The Hindu Marriage Act prohibits marriages between certain relationships, such as brother and sister, uncle and niece, aunt and nephew, children of brother and sister, children of two brothers and children of two sisters, etc. unless their customs or usages permit so. The definition of the “Prohibited Relationship” is has been given under section 3 (g) of the Act as under:

• if one is a lineal ascendant of the other; or
• if one was the wife or husband of a lineal ascendant or descendant of the other; or
• 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
• if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Contravention: If the parties are within these prohibited degrees of relationship, the marriage will not be considered valid. Effect of contravention of this section, the marriage will be Void under section 11 of the Hindu Marriage Act. Punishment is given under section 18 (b) of the Hindu Marriage Act. The punishment is simple imprisonment which may extend to 1 month, or with a fine which may extend to 1 thousand rupees, or with both.

1955. Sapinda Relationship: The fifth condition is that the parties must not be within the degree of the Sapinda relationship. The Sapinda relationship refers to blood relatives in the immediate family, such as the first cousins. The bride and bridegroom should not belong to Sapindas unless their customs or usages permit so. Sapinda indicates one ancestor. In the ancient period, it was the custom that the bride and bridegroom should belong to different Sapindas. It is also a good condition and custom. This condition/custom has been incorporated in clause (v) of Section 5 of H.M.A, 1955. The definition of “Sapinda Relationship” has been given under section 3 (f)(i) and (ii) of the act as under:

• “Sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
• Two persons are said to be “Sapindas” of each other if one is a lineal ascendant of the other within the limits of Sapinda relationship, or if they have a common lineal ascendant who is within the limits of Sapinda relationship with reference to each of them;

Contravention: If the parties are within the degrees of Sapinda’s relationship, the marriage will not be considered valid. Effect of contravention of this section, the marriage will be Void under section 11 of the Hindu Marriage Act. Punishment is given under section 18 (b) of the Hindu Marriage Act. The punishment is simple imprisonment which may extend to 1 month, or with a fine which may extend to 1 thousand rupees, or with both.

 

It is important to note that the above conditions apply only to Hindu marriages. The Act recognizes other forms of marriage, such as Arya Samaj Marriages, which have their own set of conditions.

In addition to the above conditions, the Hindu Marriage Act also lays down the procedure for solemnizing a Hindu marriage. The Act requires that the marriage should be performed with proper ceremonies and customs. The parties must exchange garlands, take seven steps around the holy fire, and make mutual promises to each other to live together as husband and wife.

Conclusion

In conclusion, the Hindu Marriage Act, of 1955, lays down specific conditions for a Hindu marriage to be considered valid. These conditions ensure that the marriage is entered into with mutual consent, is monogamous, and is not prohibited by any laws or customs. It is essential to comply with these conditions to avoid any legal complications in the future. The Act recognizes the sanctity of marriage and seeks to preserve the institution by providing a legal framework for conducting Hindu Marriage in India.  

Read More: – How to Get Child Custody in India.

How to Become an Advocate In India in 2024.