In this article you will learn about the Conditions of Valid Hindu Marriage.
Conditions of Valid Hindu Marriage
Under the Hindu Marriage Act, 1955, certain conditions must be fulfilled for a marriage to be considered valid. These conditions are outlined in Section 5 of the Act. Here are the key conditions for a valid Hindu marriage :
Hindu:
The parties entering into marriage must be Hindus. The term "Hindu" is broad under the Act and includes not only persons who are Hindus by religion but also Buddhists, Jains, and Sikhs.
Monogamy (Section 5(1)):
The most essential condition is that neither party should have a spouse living at the time of marriage. A person who has a spouse living and marries another person can be punished for bigamy.
Bigamy:
In Hindu law, bigamy is equivalent to having two living wives concurrently; a person cannot marry again until the first marriage is finally dissolved. The first will be regarded as a marriage under law. The person entering into a second marriage after having a living husband and wife will be subject to the provisions of sections 494 and 495 of the Indian Penal Code 1860.
Soundness of Mind (Section 5(2)):
Both parties should be of sound mind at the time of marriage and should be capable of giving valid consent. If either party is incapable of understanding the nature and consequences of the marriage, the marriage may be voidable.
Marriageable Age (Section 5(3)):
The bridegroom should be at least 21 years old, and the bride should be at least 18 years old. This age requirement is specified to ensure that the parties have attained an age at which they can give valid consent to the marriage.
Prohibited Degrees of Relationship (Section 5(4)):
Parties should not fall within the prohibited degrees of relationship unless the custom or usage governing each of them permits a marriage between the two.
Solemnization and Ceremonial Requirements (Section 7):
The marriage must be solemnised by the performance of customary rituals and ceremonies. The ceremonies may vary among different Hindu communities, but they should conform to the customs and rituals recognized by the community.
No Sapinda Relationship (Section 3(g)):
Parties should not fall within the degree of sapinda relationship, unless the custom or usage governing each of them permits a marriage between the two. Sapinda relationship is defined as being within a certain range of lineal ascent and descent, and marriage is prohibited within these limits.
It's important to note that compliance with these conditions is crucial for the legal validity of the marriage. Failure to meet these conditions may render the marriage void or voidable, and in some cases, parties may be subjected to legal consequences. Couples intending to marry should ensure that they understand and fulfil these conditions to have a legally valid Hindu marriage.
This article on Conditions of Valid Hindu Marriage is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.