Section 5: Conditions of Hindu Marriage
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely-
i) neither party has a spouse living at the time of the marriage;
ii) at the time of the 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; or
c) has been subject to recurrent attacks 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 the marriage;
iv) the parties are not within the degrees 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.
The Hindu Marriage Act, 1955 governs the marriage laws for Hindus in India. Section 5 of the Act lays out the conditions that must be met for a marriage to be considered valid under the Act.
First, both parties must be Hindu by religion. This includes those who are Buddhist, Jain, or Sikh by religion, as well as those who are considered Hindu by birth, conversion, or any other means.
Secondly, neither party should have a living spouse at the time of the marriage. This means that the parties must be unmarried or widowed, and any previous marriages must have been dissolved by divorce or annulment.
Thirdly, the parties must not fall within the prohibited degrees of relationship as laid out in the Act. This includes relationships such as father and daughter, mother and son, brother and sister, and others.
Fourthly, the parties must be of sound mind and capable of giving their consent to the marriage. This means that they must be of legal age and not under any coercion or undue influence to enter into the marriage.
Lastly, the parties must not be related to each other by sapinda relationship. Sapinda relationship refers to a relationship by blood, marriage or adoption, within the degrees specified in the Act.
It is important to note that these conditions must be met for a marriage to be considered valid under the Hindu Marriage Act. If any of these conditions are not met, the marriage may be considered void or voidable under the Act.
For example, if either party was under the age of 18 at the time of the marriage, the marriage would be considered voidable under Section 5(iii) of the Act. Similarly, if either party was of unsound mind or unable to give their consent to the marriage, the marriage would be considered voidable under Section 5(iv) of the Act.
In addition to Section 5, the Hindu Marriage Act also lays out various other provisions related to marriage, such as grounds for divorce, maintenance, custody of children, and others. These provisions are intended to ensure the well-being of both parties in the event of a divorce or separation.
It is important to note that the Hindu Marriage Act only applies to Hindus and does not govern marriage laws for other religions in India. Each religion has its own set of laws and customs related to marriage and divorce.
Overall, Section 5 of the Hindu Marriage Act lays out the essential conditions that must be met for a marriage to be considered valid under the Act. These conditions are intended to ensure that the marriage is entered into voluntarily and without any legal or moral impediments. It is important that the parties, society and their legal representative should be aware of these conditions to avoid any kind of legal issues in future.
