Save my name, email, and website in this browser for the next time I comment. Section 7(2) mentions Saptapadi (i.e., the taking of seven steps by the bridegroom and the bride jointly before the sacred fire) as an essential ceremony for the completion of marriage. DRJ 238. However, in the case of Pinniti v. State, AIR 1977 AP 48; the Andhra Pradesh High Court maintained that the sacramental character of marriage is still preserved under the Hindu Marriage Act. First of all, the groom should have completed the age of 21 years while the bride should have completed the age of 18 years at the time of their marriage. For the purpose of this Act, a negative definition of “who is a Hindu?” had been understood. A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. If the fact of prior mental disability in either party to marriage had been concealed or had been avoided to be stated by the parents of either party, the marriage could be declared to be void under Section 12(1)(c) of the Act and it would be no defence to plead that it was the duty of the other party to have himself investigated and discovered the truth. Section 12(1)(b) renders, at the instance of the aggrieved party, the marriage voidable, if the other party was suffering from any such mental disability at the time of marriage. Violation and non-adherence of any of these conditions would not constitute a valid marriage. Firstly, the parties must have the capacity to marry and secondly they must undergo the necessary ceremonies of marriage. The BlackGown seeks to spread legal awareness to the general public in a simple way. Where any such direction has been issued by the State Government, any person contravening any rule made in that behalf is punishable with fine which may extend to twenty-five rupees. In: Hindu Marriage Act, 1955. The marriage is considered to be valid only if both the parties to a marriage are Hindus as per section 5 of the Act. In the event of subsequent mental disabilities in either party to marriage, the aggrieved party can obtain a decree of divorce under the provisions of Section 13 of the Hindu Marriage Act. It simply lays down the conditions for a valid marriage. According to all the texts it is a Sanskaram or sacrament the only one prescribed for purification of soul. Kiran Bala v. Bhairav Pd., AIR 1982 All; had laid down that a party to marriage must be so much mentally deformed that it becomes impossible for the other party to carry marital life with him or her. Thus, it accepts the idea of equality and liberty. Concept of Hindu Marriage according to Hindu Law. There is no correlation between mental disorder and potency to beget the children. Section 7(1) provides that a Hindu marriage must be solemnized in accordance with customary rites and ceremonies of either party thereto and must fulfill the conditions prescribed for the same by Section 5 of the Hindu Marriage Act. It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects. Required fields are marked *. Under this act, both the spouses of the Hindu Marriage … Your email address will not be published. HINDU MARRIAGES By: Rashmi Dubey Faculty of Law 2. Section 5(i) of Hindu Marriage Act , 1955 – The first condition of valid marriage is that “neither party has a spouse living at the time of the marriage” . Hinduism was considered a way of life in Bhagwan Koer v. Infatuated by their bond of love, the bride and the groom establish a bodily union without having performed any religious rites and ceremonies. A marriage can be said valid, if it fulfils following conditions: None of these parties have spouses living at the time of the marriage. Section 11 talks about Punishment for promoting or permitting solemnisation of child marriages. Divorce Under Hindu Law. In. The Hindu Marriage Act, 1955 originally, based divorce on the fault theory, and enshrined nine fault grounds in Section 13 (1) on which either the husband or wife could sue for divorce, and two fault grounds in Section 13 (2) on which wife alone could seek the divorce. Section 5 of the Act of 1955 prescribes conditions for a valid Hindu Marriage. Short title and extent.—(1) This Act may be called the Hindu Marriage Act, 1955. The Hindu Marriage Act 1955 provides for essential conditions for the validity of a Hindu Marriage, registration of Hindu Marriages, Restitution of Conjugal rights, Judicial separation, Nullity of Marriage, Divorce etc. The Supreme Court in Bhaurao Shanker Lokhande v. State of Maharashtra, AIR 1965 SC 1584; held that the word “solemnized” means to celebrate marriage with proper ceremonies and in due form; it, therefore, follows that unless the marriage is celebrated and performed with proper ceremonies and in due form it cannot be said to have been solemnized (Kanwal Ram v. Himachal Pradesh Admn., AIR 1966 SC 614). Panigrahan and Saptapadi are essential in every Hindu Community. The first four of the above (i.e. A marriage solemnized in violation of Section 5(iii) would not be void although the person the person guilty of the stipulated condition as to the minimum age would be liable to be punished under Section 18(a) of the Hindu Marriage Act(Smt. Central Government Act. Section 8(4) of the Hindu Marriage Act provides that the Marriage Register maintained under the Section and in accordance with the rules made under this Section shall at all reasonable times be open for inspection; moreover it is made admissible as evidence of the statements contained therein. Conversion of the religion of either, of the spouses changes the very essence of the Hindu Marriage, as well its rights and obligations under the Hindu Marriage Act 1955, it is also a valid ground of divorce without Mutual consent. It no longer remains a pure sacrament and a binding religious duty. Section 12 of the Hindu Marriage Act 1955 lays down that when one’s consent is not obtained, the marriage is considered void. Well written in sequential manner.Concepts of Marriage,Hindu Marriage,Hindu and Valid Marriage have been nicely elaborated with important case laws and relevant provisions.All important aspects have been dealt with. Moreover Section 18(b) punishes the erring party with the simple imprisonment which may extend upto one month, or with fine which may extend to one thousand rupees, or with both. The first and foremost essentials are to be a Hindu to fall within the ambit of this act. An exception has been made in this clause to the effect that a marriage of persons though related to each other within the prohibited relationship shall be permissible if the custom or usage governing both the parties to the marriage permits a marriage between them. Section 5 describes many conditions when a marriage is considered valid under the Hindu Marriage Act, 1955. Section 16 Hindu Marriage Act, 1955. Now one of the key factor for a valid marriage under the Hindu Marriage Act, 1955 is that the groom and the bride should not be ‘ within the degrees of prohibited relationship ‘ if they are related to each other and should also not be ‘ sapinda ‘ of each other. In this form of marriage, the bride is offered to a person, from whom the father has accepted a pair of cow or bull for religious rituals only. It is necessary that a person shall be capable of giving valid consent at the time of the marriage. Section 8 of the Hindu Marriage Act, 1955: For hindus a legally valid marriage requires that. In Smt. Legal Age of marriage. After the Child Marriage Restraint (Amendment) Act, 1978; for a valid marriage the bridegroom must have attained the age of 21 years instead of 18 years as was provided before and the bride must have attained the age of 18 years instead of 15 years as was provided before in the Hindu Marriage Act, at the time of marriage. A widow could not be remarried under this form of marriage. The meaning of a marriage under the Hindu Personal Laws is not at all what you would expect. A plea for compulsory registration of marriages has been made by the courts in several cases. In other words, according to this school, the Sapinda relationship arose from “community of blood” or “community of particles of the same body”. According to Sec3 (f) (i) “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; (ii) 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; Dear Sheetal, ADVERTISEMENTS: (ii) It is made within the degree of prohibited relationship. There is no provision for compulsory registration of a marriage under the Hindu Marriage Act, 1955. The specific conditions under which a marriage becomes voidable are enlisted under Section 5(ii) of the Hindu Marriage Act, 1955 [3] which includes: Punishments under Prohibition of Child marriage Act, 2006. XXV of 1955) An Act to amend and codify the law relating to marriage among Hindus Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. 5 to 8) were unapproved forms. In this form of marriage, there is a union of the bride and bridegroom by mutual consent motivated by their mutual love and sexual instincts. The Hindu Marriage Act of 1955 has however brought about many changes in their conception of Hindu Marriage. The Act has declared that marriages amongst Hindus, Jains, Sikhs and Buddhists, are valid Hindu … The offence of bigamy would be constituted only when at the time of the performance of subsequent marriage, the spouse of such party to marriage was alive and that marriage was not void or invalid. 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Under section 5 (i) of the Hindu Marriage Act, the first essential condition of a valid hindu marriage is that neither party should have a living spouse at the time of marriage. A marriage may be solemnized between any two Hindus if the conditions given in section are fulfilled. Your email address will not be published. Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees but no woman shall be punishable with imprisonment. As per Section 2 of the Hindu Marriage Act, 1955 following people are eligible to register a marriage under this act: Any person who is Hindu by religion in any of its forms or developments, it includes Virashavia, a Lingat or a follower of the Brahmo, Prarthana or Arya Samaj. A marriage may be solemnized between any two Hindus if the conditions given in section are fulfilled. It shows that despite the absence of consent of the bride, the marriage is valid and legal. Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Conditions for Valid Hindu Marriage: Age Section 5 of the Act of 1955 prescribes conditions for a valid Hindu Marriage. (2) Soundness of Mind: ADVERTISEMENTS: Neither party at the time of marriage. According to Mitakshara, the word “Sapinda” meant a person connected by the same “panda”, i.e., particles of the same body, i.e., a blood relation. The Hindu Marriage Act 1955: Earlier we’ve provided the list of sections in The Hindu Marriage Act 1955.Today in this article, we are providing the Introduction, Definition, Purpose, Applicability of The Hindu Marriage Act 1955. In This is given under section 5 of the Act. In this form of marriage, a well decorated wife is offered to the priest who performs religious acts and rituals for the spiritual benefits of the father of the bride. The provisions in Section 5(ii)(b) of the Hindu Marriage Act provides that if the bride or bridegroom is capable of giving a valid consent but suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, is superfluous and contradictory in terms. 77; the High Court had ruled that even in a case where in her own suit, the wife has obtained a declaration that her husband could remarry during her lifetime, the marriage of her husband with another woman would be illegal despite the consent of his first wife. If one of the parties to the marriage is a Christian or Muslim, the marriage will not be a valid Hindu marriage (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.2. A second marriage while a previous married wife is living, is null and void. Naumi v. Narottam, 1963 HP 15 and Mohinder Kaur v. Major Singh, AIR 1972 P & H 184). Marriage is specifically a union between man and women, which are managed by laws, rules, customs, belief, and attitudes and prescribes the rights and duties of the couples. In Triveni Singh v. State of UP, AIR 2008 Allahabad High Court; the court held that the annulment of marriage cannot be sought on the ground that either of the parties had HIV infection or any other disease at the time of marriage. “Article 32 is an important and integral part of the basic structure of the Constitution. ii) The respondent has withdrawn from the society of the petitioner without reasonable excuse. This extends to personal laws inter alia in the matter of marriage and divorce. A Hindu marriage cannot take place without the performance of sacred rites. The Act calls marriages solemnized under the Act as Hindu marriages which may be performed in accordance with the customary ceremonies prevalent in the community to which, the bride belongs. A person suffering from any kind of mental disorder of whatever degree becomes unfit for giving a valid consent. Neither party is incapable of giving valid consent. If parties to the marriage are governed by such custom which permits marriages between Sapindas, the said prohibition would not apply and the marriage would continue to be valid. It is only on the performance of such ceremonies and rites that the marriage would become complete and irrevocable (Ravindra Nath v. State, 1969 Cal. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. These conditions are essential for the validity of marriage. (a) Void marriages: As per Hindu Marriage Act, 1955 a marriage is declared void on any of the following grounds: (i) It is made while already a spouse is living. In India, all the marriages are governed by and take place in accordance with either the Hindu Marriage Act, 1955 (Hereinafter referred to as “HMA”) or the Special Marriage Act, 1954. Also, under Section 8 of the Hindu Marriage Act, 1955, an arranged marriage or Arya Samaj marriage is directly registered by the Registrar of Marriage on the same working day. The enactment is exhaustive. Under the present law no requirement that the bride should be younger than bridegroom. Under the Hindu Marriage Act,1955 there exists following grounds of divorce such as:-Fault Ground (section 13(1)) Breakdown Ground (section 13(1A)(i), 13(1A)(ii)) Divorce By Mutual Consent (section 13-B) Customary Divorce (section 29(2)) Fault Ground. 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