Section 5(iii) of Hindu Marriage Act- It is provided as the third condition that … 5 Conditions for a Hindu marriage. Legitimacy of children of void and voidable marriages. The court can nullify the marriage if either condition or both conditions contemplated exist due to mental disorder making living together of parties highly unhappy. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956). 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. 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. This type of marriage is practiced widely amongst Sudras of Southern India. (Sections 5 and 7. Yamuna Bai Anant Rao Adhav v. Anant Rao Shiva Ram Adhava, AIR 1988 SC 644; had laid down that in the event of breach of first condition specified in Section 5(i) the (second) marriage is rendered null and void under Section 11(1) of the Hindu Marriage Act and since it is void ab initio, the wife cannot claim maintenance under Section 125 of the Code of Criminal Procedure. 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. 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 Dayabhag, maintained that the relationship arose from a “community in the offering of funeral oblations”, i.e., a person connected by the same pinda, i.e., funeral cake. Section 5 of the Hindu Marriage Act, 1955 states that a marriage may be considered valid if the following conditions are satisfied: [4] Either party shouldn’t have any other living spouse at the time of the marriage. In This is given under section 5 of the Act. Legal Age of marriage. The meaning of a marriage under the Hindu Personal Laws is not at all what you would expect. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363. 211). 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. (1) This Act may be called the Hindu Marriage Act, 1955. 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. 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 3(g) defines degrees of prohibited relationship as follows: Section 3(g) in the Hindu Marriage Act, 1955. For the purpose of this Act, a negative definition of “who is a Hindu?” had been understood. In the eyes of law marriage is socio legal approval to a couple to live together and start a family. Grounds Provided To The Wife for Divorce: Besides the grounds enumerated above, a wife has been provided four additional grounds of divorce under Section 13(2) of the Hindu Marriage Act, 1955. 1 to 4) were considered to be approved and the latter four (i.e. Under the Hindu Marriage Act 1955, section 13(1), lays down nine fault ground of divorce. 16. A marriage may be solemnized between any two Hindus if the conditions given in section are fulfilled. Under the Hindu Marriage Act 1955, section 13(1), lays down nine fault ground of divorce. This type of marriage was prevalent in the Gonda castes of Barrar and Betul (Madhya Pradesh). Section 3(f) in The Hindu Marriage Act, 1955. 205; the Madhya Pradesh High Court held that the word “and” between expression unfit for marriage and procreation of children in Section 5(ii)(b) should be read as “and”, “or”. Consequences of the Hindu Marriage Act, 1955: It further states that such rules must inter alia provide that the parties to any such marriage may have the particulars relating to their marriage entered in the Marriage Register in such manner and subject to such conditions as may be prescribed. THE HINDU MARRIAGE ACT, 1955 1 Short title and extent. (a) Is incapable of … 433). Even if the State Government should make the registration compulsory, the omission to make the entry, whatever other consequences may follow, would not affect the validity of the marriage itself. Provisions under Section 5 of Hindu Marriage Act, 1955: According to Section 5(ii) and (iii) of the Hindu Marriage Act, 1955, the Hindu marriage is considered not only as religious but more of an outcome of mutual consent. Section 12 of the Hindu Marriage Act 1955 lays down that when one’s consent is not obtained, the marriage is considered void. In the case of Reema Aggarwal v. Anupam[1], the court held that marriage is a junction of three important duties, i.e., social, religious and spiritual. As per the Hindu personal law, marriage is considered to be the very foundation of a stable family and civilised society; it’s a sacred institution that awards status and security to the parties and their offsprings. 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. These conditions have been enshrined under Section 5 and Section 7 of the Act. A decree of divorce granted under this clause is valid & effective even if it subsequently transpires that the respondent was, in fact, alive at the time when the decree was passed. M Mere completion of ceremonies does not prevent the marriage from being void. Violation and non-adherence of any of these conditions would not constitute a valid marriage. The first and foremost essentials are to be a Hindu to fall within the ambit of this act. Adultery: The act of voluntarily indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Under the Hindu Marriage Act, marriages have been classified into three types, namely, void, voidable and valid marriages. In. In this form of marriage, the bridegroom after having given wealth as much as it is within his means to the father and paternal kinsman or to the damsel herself takes her voluntarily as his bride obviously with the consent of her father. 55). 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. Hindu law does not Due to the ancient literature of Hindus - The Manu; the wife cannot be abandoned, released by sale nor any martial ties can be severed. Save my name, email, and website in this browser for the next time I comment. Section 11 talks about Punishment for promoting or permitting solemnisation of child marriages. Hindu Marriage Act,1955 1. 173). For hindus a legally valid marriage requires that. The Act provides that if marriageis solemnized between any two Hindu, then the following conditions shall be fulfilled for solemnizing of a marriage. Short title and extent.—(1) This Act may be called the Hindu Marriage Act, 1955. Central Government Act. This clause provides that no marriage is valid if it is made between parties who are related to each other as Sapindas unless such marriage is sanctioned by usage or customs governing both the parties. Hence it is a legally and socially sanctioned union. The courts have expressed the view that a party to the bigamous marriage could be punished only upon the proof of the prior marriage having been solemnized according to religious ceremonies and customs (Varadrajan v. State, 1965 SC 50). The Registrar verifies all the documents on the date of application and registers the marriage on the same working day and issues the marriage certificate. It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects. ). HC 231). Section 16 Hindu Marriage Act, 1955. Thus, it accepts the idea of equality and liberty. In this way, Mitakshara held that the right to inherit arose from propinquity while Dayabhag held that it arose from the capacity to bestow spiritual benefit on the deceased owner. MARRIAGE UNDER HINDU MARRIAGE ACT, 1955: Free Family Law Notes, Prolawctor Daily News Update | 04 December 2020, PURSUING THE CAREER OF SOLICITOR IN ENGLAND FOR INDIAN LAW STUDENTS, Prolawctor Daily News Update | 03 December 2020, REMEDIES FOR BREACH OF CONTRACT (Section73,74, &75)| FREE LAW NOTES, AMAZON V RELIANCE: INDIA’S BIGGEST RETAIL WAR |FUTURE RETAIL DEAL, Prolawctor Daily News Update | 02 December 2020, Case Summary| Vineetha Sharma V. Rakesh Sharma- Free Law Notes, Prolawctor Daily News Update | 01 December 2020, OFFENCES AGAINST THE STATE| FREE IPC NOTES, Forms of marriage (8 forms of Hindu marriage before Hindu Marriage act, 1955), Nature of Marriage under the Hindu Marriage Act, 1955, Types of Marriages under Hindu Marriage Act, 1955. But this marriage was valid. 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. The Hindu Marriage Act 1955 provides 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 first and foremost essentials are to be a Hindu to fall within the ambit of this act. Due to the ancient literature of Hindus - The Manu; the wife cannot be abandoned, released by sale nor any martial ties can be severed. The expression proceedings under the Act appearing in section 24 cannot be given a narrow and restrictive meaning; Vinod Kumar Kejriwal v. Usha Vinod Kejriwal, AIR 1993 Bom 168. A Hindu marriage cannot take place without the performance of sacred rites. These conditions are essential for the validity of marriage. Under prior law many qualifications prescribed in the texts for a valid marriage. Age to the parties: At the time of enactment of the Act, the legal age for the marriage of boy and girl … The Hindu marriage contemplated by the Act hardly remains sacramental. Section 5 in The Hindu Marriage Act, 1955. A pinda is capable of two meanings, i.e., “particles of body” and “an oblation”. Panigrahan and Saptapadi are essential in every Hindu Community. 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. 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. Divorce Under Hindu Law. Part-1 Short title,extent and Application of Hindu Marriage Act, 1955 Hindu marriage act, 1955 lays down certain essentials for a marriage to be solemnized under its ambit. 1. Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. This form of marriage has a striking resemblance with a kind of purchase of bride as the father or the girl herself has already taken money and the father or guardian later giving his consent to marry the girl in lieu of money taken. Where observance of Saptapadi is the requirement of neither party to the marriage, the performance of such rituals and ceremonies becomes essential as are accepted by either party. Valid Marriage Section 5 of the Hindu Marriage Act,1955 states the conditions for a valid marriage. HINDU MARRIAGES By: Rashmi Dubey Faculty of Law 2. (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. Sometimes it is said that in this type of marriage the girl is sold out (Chunnilal v. Suraj, 38 Bom. 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. By virtue of section 5 of the Hindu Marriage Act 1955, a marriage will be valid only if both the parties to the marriage are Hindus. 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. 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. Among Kshatriyas, this type of marriage was quite prevalent. 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. Divorce under the Hindu Marriage Act, 1955 was initially built as per the Offence theory and under section 13 (1) of the act nine grounds are mentioned on which valid divorce can be granted by the court. The High Courts of Madras and Punjab through the cases of Devani v. Chitambaram, 1954 Mad. Section 10 states that whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage. After the girl is ravished, she is married to one, who has been guilty of such heinous crime. Grounds of divorce under section 13 of Hindu marriage act 1955 Earlier divorce was unknown to general Hindu law as marriage was seen as an indissoluble union between the husband and wife. The Hindu Marriage Act of 1955 has however brought about many changes in their conception of Hindu Marriage. 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. It is a process, by which the physical union of a man and woman is … As per Veda’s, a man is only complete when he gets married. Through the case of Seema v. Ashwini Kumar, AIR 2006 SC; the Supreme Court held that the registration of Hindu marriages should be made compulsory. According to Dharmashastras, this is the most condemnable form of marriage. This is given under section 5 of the Act. The Registrar verifies all the documents on the date of application and registers the marriage on the same working day and issues the marriage certificate. Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Conditions for Marriage in Old Hindu Law In this Article, we shall understand the conditions for marriage given in ancient Hindu texts regarding marriage. The legal consequences in both forms of marriage were not similar. As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. According to section 2 of HMA as Hindu are not only the person who is Hindu by birth, religion, conversion or by re-conversion but also who are Sikh, Buddhist, and Jain or else that those Indian citizens who are not Christian, Parsi, Muslim, or Jew for the purpose of the law. VALID MARRIAGE Section 5 of the Hindu Marriage Act 1955 includes essential conditions of a valid marriage. 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. Under this act, both the spouses of the 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. In the sacred texts, marriage created an inseparable tie between the husband and wife, which could not be broken in any circumstances whatsoever, i.e., marriage, was considered to be an eternal union of souls and was indissoluble. Validity of Marriage under Indian Law. For a valid marriage in India, two conditions are necessary. It was observed by the Court, “there can be no doubt that a Hindu marriage is a religious ceremony. The most significant provision of the Hindu Marriage Act, 1955 is that it made a Hindu Marriage dissoluble and allowed divorce either by the wife or the husband in certain specific circumstances. In order to facilitate proof of a Hindu marriage the State Government is authorized to make rules providing for registration of marriages as mentioned under Section 8(1) of the Hindu Marriage Act. Your email address will not be published. It is binding for life because the marriage rites completed by Saptapadi or the walking of seven steps before the consecrated fire creates a religious tie and this religious tie when once created, cannot be broken. A mental deformity in any person would not necessarily disable him from producing children. Under Section 5(iv), marriages between persons falling within the prohibited degrees of relationship have been prohibited. 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. The old textual law provided for 8 forms of marriage, 4 of them were approved and 4 others were unapproved. The provisions in Section 5(ii)(a) of the Hindu Marriage Act provides that at the time of marriage neither bride nor the bridegroom be disabled from giving a valid consent to marriage on account of any mental disorder appears to be redundant and suffers from verbosity. Section 20 sub-section 1 states that every petition of divorce presented under the Hindu Marriage Act 1955 should be distinctly examined based on the nature and facts of the case depending on which the claim of relief is decided. Section 5 (ii) (a),(b),(c) Hindu marriage Act 1955 discusses the condition of valid of Hindu marriage related to mental health or capacity of the person; if a person is suffering from unsoundness of mind at the time of marriage, Marriage will be considered as void. 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. 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. [ Section 21A of Hindu Marriage Act ] When the Parties Can Invoke the Power to Transfer Petitions? In the case of Santosh Kumari v. Surjeet Singh, AIR 1990 HP. 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. Where marriage between persons under prohibited relationship is permitted by custom in a particular community such a marriage would receive the recognition of a valid marriage (Subba v. Seetharaman, (1972) 1 MLJ 497). The BlackGown seeks to spread legal awareness to the general public in a simple way. The enactment is exhaustive. In this form, the bride’s father, decorating the bride with colourful attires and after worshipping her, offers her to the bridegroom, making a recitation to the effect that they (bride and bridegroom) together may act religiously throughout and prosper and flourish in life. Thus, a person does not cease to be a Hindu if he becomes an atheist, or dissents or deviates from the central doctrines of Hinduism or lapses from orthodox practices, or adopts the western way of life, or eats beef”. Your email address will not be published. Hindu Marriage which was considered to be a religious duty and a sacrament has undergone a change and it has lost its religious sanctity under the Hindu Marriage Act, 1955, which came into force on 18th May, 1955. Punishments under Prohibition of Child marriage Act, 2006. Thirdly, if either party to the marriage has been a subject to recurrent attacks of insanity he or she is also not qualified for a marriage under the Hindu Marriage Act. In India marriages are legally registered, here marriage can be registered under two acts, (a) the Hindu Marriage Act, 1955 and (b) Special Marriage Act, 1954.In this post we take a look at how to register a marriage under the Hindu Marriage Act, 1955. A marriage can be said valid, if it fulfils following conditions: None of these parties have spouses living at the time of the marriage. Introduction: 1) Marriage : Meaning and Definition Marriage: Meaning - Marriage is the ‘nucleus’ of the family. 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. 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