Hindu Marriage Act, 1955 has laid down few necessary conditions for a valid Hindu Marriage. According to Hinduism, out of 16 sacraments marriage is one of the most imperative sacraments. Under this act, both the spouses of the Hindu Marriage … After the girl is ravished, she is married to one, who has been guilty of such heinous crime. 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. The first and foremost essentials are to be a Hindu to fall within the ambit of this act. In India, a Hindu marriage can be registered either under the Hindu Marriage Act, 1955 or under 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. A marriage may be solemnized between any two Hindus if the conditions given in section are fulfilled. 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. 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. It is a landmark in the history of social legislation. Under old Hindu law, three conditions were required for a valid marriage. 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” . Section 5(iii) of Hindu Marriage Act- It is provided as the third condition that … 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. Consequences of the Hindu Marriage Act, 1955: 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. 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. Part-1 Short title,extent and Application of Hindu Marriage Act, 1955 Section 5 describes many conditions when a marriage is considered valid under the Hindu Marriage Act, 1955. 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. Section 11 of the Hindu Marriage Act, 1955 clearly states that if any of the three conditions (living spouse, prohibited decree, Sapinda) then the marriage is considered void. Hindu law does not Prior to the Hindu Marriage Act of 1955, a Hindu male could marry more than one wife irrespective of the fact that his previous wife was alive at the time of his subsequent marriage (Veeraswami v. Appaswami, (1863) 1 Mad. 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. 65 and Kanta Devi v. Sri Ram, 1963 P & H 235; have laid down that the performance of two religious ceremonies, i.e., Kanyadan, i.e., giving the daughter in marriage. Violation and non-adherence of any of these conditions would not constitute a valid marriage. 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 12 of the Hindu Marriage Act 1955 lays down that when one’s consent is not obtained, the marriage is considered void. 1. The specific conditions under which a marriage becomes voidable are enlisted under Section 5(ii) of the Hindu Marriage Act, 1955 [3] which includes: In this form of marriage, it is not necessary that the bridegroom is a bachelor as against in the Brahma form. 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, (2) It extends to the whole of India except the State of Jammu and Kashmir 1, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories. We believe and accept that the law students are the backbone of the legal system and this platform will provide the best articles, research, judgements and the analysis of government’s policies which will certainly contribute in nation-building. It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects. ). 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. In This is given under section 5 of the 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 21A of Hindu Marriage Act ] When the Parties Can Invoke the Power to Transfer Petitions? 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. In other words, according to this school, the Sapinda relationship arose from “community of blood” or “community of particles of the same body”. In Smt. 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. Panigrahan and Saptapadi are essential in every Hindu Community. (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. Pending an application either under Rule 5 of Order 9 or Rule 9 of Order 9 or Rule 13 of Order 9 of the Code of Civil Procedure a spouse is entitled to maintain an application under section 24 of Hindu Marriage Act, 1955. 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. The conditions given in the section are binding and definite, in absence of which the validity of marriage becomes doubtful (Smt. This union of two souls creates a new relationship of love, affection, care and concern between the husband and wife which is usually meant to last a lifetime. This is given under section 5 of the Act. In the case of Satyam Kumar & Other v. State of UP, AIR 2014 All HC; the Court held that an advocate is never authorized by provision of law to register any marriage or act as marriage officer. Section 5 in The Hindu Marriage Act, 1955. In this form of marriage, the father of the girl respectfully invites the bridegroom at his residence, worships him and offers him the girl as his wife along with a pair of fine clothes and ornaments etc. In the case of M. Vijayakumari v. K. Devabalan[3]Court held that “A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. 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. It is necessary that a person shall be capable of giving valid consent at the time of the marriage. A marriage in violation of this condition will be void and the party violating the provisions of Section 5(v) would be liable to punishment under Section 18(b). Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Conditions for Valid Hindu Marriage: Degrees of Prohibited Relationship. 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. Adultery: The act of voluntarily indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. This type of marriage is practiced widely amongst Sudras of Southern India. A mental deformity in any person would not necessarily disable him from producing children. 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. There is no correlation between mental disorder and potency to beget the children. 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”. Validity of Marriage under Indian Law. In this form of marriage, the girl is forcibly kidnapped and married to a person, who intended to marry her but her father did not agree to it. 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. 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. Is capable of giving his/her valid consent to marriage as a result of unsoundness of mind. 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. Section 5 of the Hindu Marriage Act, 1955 (hereinafter referred to as HMA lays down the various conditions required to be followed for a valid, legal marriage. The Court held that in the present appeal, the only question for determination was whether a marriage entered into by a Hindu with a Christian is valid under the provisions of the Hindu Marriage Act, 1955. The old textual law provided for 8 forms of marriage, 4 of them were approved and 4 others were unapproved. There is an attack on the bride’s parents or guardian who is either killed or wounded and thereafter breaking open the door or securing forcible entry into the house, the people at the groom’s side take away the girl, weeping vailing and crying for help. Section 5 of Hindu Marriages Act says, A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: According to section 9 of the Prohibition of Child Marriage Act whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both. 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