Introduction

• Marriage is the very foundation of a stable and civilized society. Firstly, marriage among the Hindu is considered divine in nature. It is a religious bond and not a contractual union.
• Secondly, a sacramental union implies that it is a permanent bond which does not end in this world or after the death of either partner, but it continues even after death, in the next life.
• Therefore, marriage is considered to be an indissoluble union. Husband must be obeyed throughout the lifetime and the wife should remain faithful to his memory even after his death.

Legal Provision

• To secure the rights of marriage, the legislation introduced a Hindu Marriage Act (HMA),1955, which came into force on 18 May 1955.
• This act is binding to any person who is Hindu, Jain, Sikh, and Buddhist and is not a Muslim, Christian, Parsi, or Jew and is governed by some other law.
• The Hindu marriage Act, 1955 has provided five conditions as pre-requisites for valid Hindu marriage, under Section 5 of Act.

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:
  1. If one is lineal ascendant of the other; or
  2. If one was the wife or husband of lineal ascendant or descendant of the other; or
  3. 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
  4. 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 –

1. Relationship by half or uterine blood as well as by full blood,
2. Illegitimate blood relationship as well as legitimate,
3. 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.