This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University Department of Law)
HINDU MARRIAGE
Marriage is considered as a sacrament or contract, which gives rise to a status of legitimacy to the husband and wife and the children of the marriage. Among Hindus marriage is necessary, every Hindu must marry. The man is incomplete without his wife. The Hindu Marriage Act 1955 laid down a detailed rules covering practically all aspects of marriage in a simplified form.
Conditions Of A Valid Hindu Marriage
Section 5 of the Hindu Marriage Act 1955, has laid down the condition relating to solemnization of a valid Hindu marriage. A marriage may be solemnized between a Hindu male and female, if the following conditions are fulfilled, namely :
1. Monogamy -
The husband or the wife shall not have a spouse living at the time of marriage. The intention is to prohibit bigamy, which is punishable under section 494 of Indian Penal Code 1860, the punishment of which is up to 7 years imprisonment and fine.
In Yamunabai v. Anantrao, 1988 SC 644, in the case of bigeminus marriage the second wife has no status of wife.
2. Mental Capacity -
Both the husband and wife must be capable of giving a valid consent at the the time of marriage. They must not be of unsound mind.
They must be capable of giving a a valid consent, but not suffering from mental disorder of saccha kind or to such an extent as to be unfit for marriage and procreation of children.
In Alka v. Abhinash 1991 MP 205, the Madhya Pradesh high court took the view that if the respondent was unfit for marriage or/and procreation of children.
They must be free from recurrent attacks of insanity (or epilepsy)¹.
3. Age -
The bridegroom must complete the age of 21 years and The bride must complete the age of 18 years at the time of the marriage. The violation of this condition is punishable 15 days imprisonment or with fine upto Rs.1000/- or with both under Section 18 of the Hindu Marriage Act 1955.
In Kokkula Suresh v. State of Andhra Pradesh, 2009 AP 52 - the Andhra Pradesh high court has held that under Hindu law marriage of minor girl below 18 years in neither void or voidable. Though facts and circumstances of this case where different that is the girl wanted to stay with the husband but parents wanted to bring her back. But while rendering the judgement of the honourable High Court seems to have overlooked Section 3 of prohibition of child Marriage Act 2006 which makes such marriage voidable at the instance of the minor spouse.
4. Prohibited Relationship -²
The parties of the marriage must not be related to each other within the degrees of prohibited relationship unless the customs usage provides otherwise and must not be opposed to public policy. Violation of this condition is punishable for imprisonment upto 1 month or with fine upto Rs.1000/- or with both under Section 18 of the Hindu Marriage Act 1955.
5. Sapinda Relationship -³
The parties of the marriage must not be 'Sapinda' of each other unless the custom or usage governing each of them permits of a marriage between the two. Infringement of this condition is punishable under section 18 of the Hindu Marriage Act 1955, and parties acquiring the marriage is liable for imprisonment upto 1 month or with fine upto Rs.1000/- or with both.
•The Hindu Marriage Act 1955.
• Dr. Paras Diwan's Modern Hindu Law, published by Allahabad Law Agency, Reprint -2017, 2018.
• ¹ - the word "or epilepsy" omitted by at 39 of 1999, S.2 (w.e.f.29-12-1999)
• ² and ³
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