WHAT ARE THE CONDITIONS FOR A VALID MARRIAGE UNDER HINDU LAW?

 

The conditions or requisite of a valid Hindu Marriage has been laid in Section-5 of the Hindu Marriage Act, 1955. Section 11, 12, 17 and of the said Act, in particular, lay down the effect of the absence or non-fulfilment of the conditions prescribed by section-5.

 

According to Section-5 of the Hindu Marriage Act, a marriage may be solemnized between two Hindus, if the following conditions are fulfilled, namely –

 

i. Neither party has a spouse living at the time of marriage;

 

ii. at the time of marriage, neither party –

 

a. is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

 

b. though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.

 

c. has been subject to recurrent attack of insanity.

 

iii. The bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of marriage;

 

iv. The parties are not within the degree of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

 

v. The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

 

In S.P.S. Balasubramanyam vs. Suruttayan, AIR 1992 SC 756, the Hon’ble Supreme Court held that man and woman living under the same roof and cohabiting for a number of years, the law would raise presumption that they lived as husband and wife.

 

However, in Ajitrai Shiva Prasad vs. Bai Vasumati, it was held that marriage solemnized in contravention of Section-5(ii), is not void; it is voidable under Section-12 of the Act.

 

Again, in Duryadhan vs. Bengabati, the Hon’ble Court held that contravention of Section-5(iii) does not vitiate the marriage and does not make it null and void.

 

In Sakuntala Devi vs. Amar Nath, it was held that the validity of marriage under Section-5(iv) is subject to customs and usage accepted in a particular Hindu community.