valid marriage under hindu marriage act, 1955

5 to 8) were unapproved forms. 433). These conditions are essential for the validity of marriage. After the girl is ravished, she is married to one, who has been guilty of such heinous crime. 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. 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. III. Due to the ancient literature of Hindus - The Manu; the wife cannot be abandoned, released by sale nor any martial ties can be severed. This is given under section 5 of the Act. In other words, according to this school, the Sapinda relationship arose from “community of blood” or “community of particles of the same body”. Among Kshatriyas, this type of marriage was quite prevalent. Hindu marriage act, 1955 lays down certain essentials for a marriage to be solemnized under its ambit. 612). The Section 8(2) states that it is upto the State Government to provide, if it thinks fit, to make the registration of the particulars of all marriages compulsory in the State or in any parts thereof. Consequences of the Hindu Marriage Act, 1955: Section 5 describes many conditions when a marriage is considered valid under the Hindu Marriage Act, 1955. (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. 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. It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects. Hindu marriage act section 12 and 125. Maintenance under section 25 of the hindu marriage act 1955. Such a marriage is not per se void but voidable under Section 12 of the Hindu Marriage Act, 1955. In the case of Chandrasekhar v. Kulandaivelu[2], Hon’ble Supreme Court held “that Any person who is a Hindu, Jain, Buddhist or Sikh by religion is a Hindu if: (i) the practises, professes or follows any of these religions, and (ii) he remains a Hindu even if he does not practice, profess or follow the tenets of any one of these religions. 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. There are three types of marriages under Hindu Marriage Act, 1955; Under the HMA, 1955 there are five conditions as pre-requisites for a valid Hindu marriage which are defined under section 5 of the Hindu Marriage Act. Section 8(5) provides that notwithstanding anything contained in this Section the validity of any Hindu marriage shall in no way be affected by the omission to make the entry of the marriage. The Act does not prescribe any particular ceremony for a valid Hindu marriage. 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. 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. DRJ 238. Neither party is incapable of giving valid consent. The person married may be a minor, or even of unsound mind, and yet, if the marriage rite is duly solemnized, there is a valid marriage.”. A second marriage while a previous married wife is living, is null and void. Accordingly, due to the desires and convenience of the people from time to time Hindu marriage rites have been transformed. Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. These conditions have been enshrined under Section 5 and Section 7 of the Act. 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 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). 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. It now specifies unequivocally that “Hindu can have only one marriage subsisting at a time”. It contains such conditions which if violated shall result in a void marriage. Under old Hindu law, three conditions were required for a valid marriage. Validity of Marriage under Indian Law. 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. Section 5 of the Hindu Marriage Act, 1955 considered a marriage legal only if the groom and bride have reached the age of 21 and 18 years respectively at the time of marriage. Before discussing the essentials of marriage under sec 5 of HMA let us discuss the term ‘Hindu’. Under this act, both the spouses of the Hindu Marriage can file for the Divorce. This type of marriage is practiced widely amongst Sudras of Southern India. A widow could not be remarried under this form of marriage. As well as regulating the institution of marriage (including validity of marriage and conditions for invalidity), it also regulates other aspects of personal life among Hindusan… Under the Hindu Marriage Act 1955, section 13(1), lays down nine fault ground of divorce. Under the present law no requirement that the bride should be younger than bridegroom. 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. 231). Section 8 of the Hindu Marriage Act, 1955: 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. 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. Hinduism was considered a way of life in Bhagwan Koer v. As per Veda’s, a man is only complete when he gets married. But after the enactment of the Hindu Marriage Act, 1955 Hindu marriage is no longer a sacrament but it is a contract. Your email address will not be published. In the case of Santosh Kumari v. Surjeet Singh, AIR 1990 HP. A plea for compulsory registration of marriages has been made by the courts in several cases. 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. Adultery: The act of voluntarily indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. 1 any marriage solemnised whether before or after the commencement of this act shall be voidable and may be annulled by a decree of nullity on any of the following grounds namely. According to section 5 of the Act marriage can be solemnised between two Hindus”. Ex; male age 17 years and female age 13 years such a marriage was contrary to section 5clause(iii) of Hindu marriage act, 1955. (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. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. 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. HC 231). Hindu law does not In this type of marriage, sexual intercourse is done with a girl, while she is asleep, or brought in a state of drunk or after she is administered some drug and has lost consciousness temporarily or who is of immature understanding. Under the Hindu Marriage Act, 1955, there are certain conditions that need to be fulfilled to consider the marriage between the parties as legal and valid. 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. In Lila Gupta vs Laxmi Narain & Ors [AIR 1978 SC 1351], the apex court held that all conditions under section 5 of the Act … 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. One of the leading examples of this type of marriage is found in the famous love story of Dushyant and Shakuntala. 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. Article 32 provides for the enforcement of the fundamental rights, which is most potent weapon.”. It’s a holy tie that cannot be broken down. 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. The Supreme Court in the case of Smt. The Act provides that if marriageis solemnized between any two Hindu, then the following conditions shall be fulfilled for solemnizing of a marriage. The conditions given in the section are binding and definite, in absence of which the validity of marriage becomes doubtful (Smt. Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Conditions for Valid Hindu Marriage: Degrees of Prohibited Relationship. It was observed by the Court, “there can be no doubt that a Hindu marriage is a religious ceremony. A marriage may be solemnized between any two Hindus if the conditions given in section are fulfilled. But the HMA, 1955 by providing several matrimonial remedies including mainly divorce and nullity of marriage has seriously eroded its sacramental character. A person suffering from any kind of mental disorder of whatever degree becomes unfit for giving a valid consent. 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. It is a landmark in the history of social legislation. Section 12 of the Hindu Marriage Act 1955 lays down that when one’s consent is not obtained, the marriage is considered void. 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. Introduction To Hindu Marriage| Read Here, Nullity of Marriage Under Hindu Marriage Act, 1955| Read Here. The Essential Conditions for a Valid Marriage under the Hindu Marriage Act, 1955. 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. This type of marriage was prevalent in the Gonda castes of Barrar and Betul (Madhya Pradesh). In the case of Shanti Deo Verma v. Kanchan Prasad, AIR 1991 SC 816; the Supreme Court held that by the fact that parties were living like husband and wife and oral evidence to that effect, it cannot be proved that they were validly married and religious ceremonies were duly performed. 1. Section 7 of the Hindu Marriage Act provides for the essential ceremonies for a Hindu marriage. The Hindu Marriage Act India is valid in cases where couples are Hindus, Buddhists, Jains or Sikhs or they have adopted these religions. But in every case the offence would be punishable if the essential requirements of law and religion had been duly fulfilled and performed (Priyalata v. Suresh, 1971 SC 1153). 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. 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. 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” . It shows that despite the absence of consent of the bride, the marriage is valid and legal. Under prior law many qualifications prescribed in the texts for a valid 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. Under this act, both the spouses of the Hindu Marriage … Valid Marriage Section 5 of the Hindu Marriage Act,1955 states the conditions for a valid marriage. Requirement that the bridegroom is a contract Courts in several cases a could. Condemnable form of marriage, it is said that in this browser for the enforcement of the condemnable... Ensure observance of rule of law 15 and Mohinder Kaur v. Major Singh, AIR P! Case of Smt illness then it could also be a valid marriage section 5 of the Act 1955! Pinda is capable of giving valid consent hence it is made within the of... Them were approved and 4 others were unapproved no longer remains a pure and... 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