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Essentials of a Valid Hindu Marriage under the Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 has prescribed certain legal requirements that must be satisfied for a Hindu marriage to be valid. The object of these provisions is to ensure that the marriage is freely entered into, in accordance with the law and the Hindu traditions, while protecting the rights of both the parties to the marriage.

This article discusses the essentials of a valid Hindu marriage.

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1. Marriage Between Two Hindus

Under Section 5 of the Hindu Marriage Act, it is evident that for the Hindu Marriage Act to apply, both individuals must be Hindus. If either of the individuals is a follower of a different religion, then the marriage will not come under the Hindu Marriage Act.

Case Law

In the case of  Yamunabai Anant Rao Adhav v. Anant Rao Shivaram Adhav (1988), the Supreme Court stated that for a marriage to be valid under the Hindu Marriage Act, it must be between two Hindus. If a Hindu marries a non-Hindu, then such a marriage is not valid under the Hindu Marriage Act and shall be subject to other personal laws or the Special Marriage Act.

2. Soundness of Mind and Valid Consent

The mental capacity of the parties to marry is dealt with under Section 5(ii).

Under Section 5(ii)(a), both parties must be capable of giving free and informed consent. Unsoundness of mind at the time of marriage may result in the marriage being voidable.

Under Section 5(ii)(b), the marriage may be annulled if one of the parties is suffering from a mental disorder of a kind and degree which may render them unfit for marriage or procreation.

Under Section 5(ii)(c), recurrent attacks of insanity may be a reason for annulment of marriage.

Case Law

In the case of Alka Sharma v. Chandra Sharma (1991), the court annulled the marriage because of the wife’s serious mental condition that made it impossible for her to lead a married life. It is pertinent to note that epilepsy is no longer a ground for annulment under the Marriage Laws (Amendment) Act, 1999.

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Article 32 of The Constitution of India

3. Monogamy as a Mandatory Condition

Monogamy has been made a compulsory condition by Section 5(i). Neither of the parties should have a living spouse at the time of entering into the marriage.

If the second marriage is entered into while the first spouse is alive, then such a marriage shall be void under Section 11. Moreover, Section 17 provides that bigamy shall be punishable under Sections 494 and 495 of the Indian Penal Code, 1860.

A Hindu can marry again only after the legal dissolution of the previous marriage through divorce or death.

4. Minimum Age for Marriage

Under Section 5(iii):

The bride must have attained the age of 18 years

The groom must have attained the age of 21 years

If a marriage is performed contrary to the age criteria, it is not declared void; however, it is punishable under Section 18 of the Act.

Case Law

In the case of P. Venkataramana v. State (1977), it was held that child marriages under the Hindu Marriage Act are neither void nor voidable, but they are punishable.

 

5. Prohibition of Sapinda Marriages

Under Section 5(v), marriages between Sapindas are prohibited, except when allowed by valid custom.

According to Section 3(f):

The relationship of Sapinda is restricted to three generations on the mother’s side

And five generations on the father’s side

In the case of a marriage within the limits of Sapinda, the marriage is null and void, unless allowed by valid custom. This is punishable under Section 18.

 

6. Prohibited Degrees of Relationship

Under Section 5(iv), marriages between persons within prohibited degrees of relationship are prohibited, as defined under Section 3(g).

Close blood relations, such as lineal ascendants and descendants, fall within this category. Such marriages are null and void unless supported by a recognized custom.

Case Law

In the case of Balu Swami Reddiar v. Balakrishna (1956), the marriage between close relatives was declared null and void, as custom cannot contravene public policy.

 

7. Solemnisation as per Hindu Rites and Ceremonies

According to Section 7, a Hindu marriage has to be solemnised as per the customary rites and ceremonies of either of the parties to the marriage.

In cases where the Saptapadi ceremony is an essential part, the marriage is completed only after the seventh step has been taken.

Case Law

In the case of Bibba v. Ramkall (1982), it was held that a marriage is not valid merely by intention, and the customary ceremonies have to be followed strictly.

Conclusion

The Hindu Marriage Act, 1955, provides a complete legal structure for governing Hindu marriages. It is obligatory to fulfill the basic requirements of the Act, namely religion, mental capacity, monogamy, age, restrictions on relationship, and valid solemnization, for a Hindu marriage to be considered valid.

Negligence of these provisions may lead to the marriage being declared void or voidable, besides criminal consequences. It is imperative to have a proper understanding of these provisions for a person entering into a Hindu marriage or a legal practitioner dealing with matrimonial cases.

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