But this marriage was valid. Hindu Marriage Act, 1955 has reformed Hindu law of Marriage. 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. Hindu marriage act, 1955 lays down certain essentials for a marriage to be solemnized under its ambit. Infatuated by their bond of love, the bride and the groom establish a bodily union without having performed any religious rites and ceremonies. 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. For hindus a legally valid marriage requires that. In: Hindu Marriage Act, 1955. HINDU MARRIAGES By: Rashmi Dubey Faculty of Law 2. 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 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. Under Section 5(iv), marriages between persons falling within the prohibited degrees of relationship have been prohibited. 55). The students can express their skills with us by writing research journals, articles, opinions and enhance their insight about the law and lawful framework on the loose. The Act provides that if marriageis solemnized between any two Hindu, then the following conditions shall be fulfilled for solemnizing of a marriage. The Allahabad High Court in the case of Smt. In this form of marriage, it is not necessary that the bridegroom is a bachelor as against in the Brahma form. Central Government Act. Legal Age of marriage. 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. Your email address will not be published. 16. 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. Under prior law many qualifications prescribed in the texts for a valid marriage. In the event of subsequent mental disabilities in either party to marriage, the aggrieved party can obtain a decree of divorce under the provisions of Section 13 of the Hindu Marriage Act. Hinduism was considered a way of life in Bhagwan Koer v. In the case of Reema Aggarwal v. 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. There is no provision for compulsory registration of a marriage under the Hindu Marriage Act, 1955. 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. THE HINDU MARRIAGE ACT, 1955 1 Short title and extent. 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. 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. These conditions are essential for the validity of marriage. 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. 211). This type of marriage was prevalent in the Gonda castes of Barrar and Betul (Madhya Pradesh). 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. 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. 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. 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. (2) Soundness of Mind: ADVERTISEMENTS: Neither party at the time of marriage. Age to the parties: At the time of enactment of the Act, the legal age for the marriage of boy and girl … It’s a holy tie that cannot be broken down. It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects. (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. The conditions given in the section are binding and definite, in absence of which the validity of marriage becomes doubtful (Smt. Article 32 is meant to ensure observance of rule of law. The view was expressed by the Punjab High Court recognizing the Sagotra marriage in Vaishya Agrawal community (142 I.C. (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 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. 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 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. The different legal grounds of divorce. III. Before discussing the essentials of marriage under sec 5 of HMA let us discuss the term ‘Hindu’. Introduction: 1) Marriage : Meaning and Definition Marriage: Meaning - Marriage is the ‘nucleus’ of the family. The first four of the above (i.e. Under the present law no requirement that the bride should be younger than bridegroom. In India, all the marriages are governed by and take place in accordance with either the Hindu Marriage Act, 1955 (Hereinafter referred to as “HMA”) or the Special Marriage Act, 1954. 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. 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. 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. In India, a Hindu marriage can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. It’s an association from birth to birth; a tie which prolongs after death and rebirth. Conditions of Hindu Marriage: Conditions of Marriage under the Hindu Marriage Act,1955 : Section 5 of Hindu Marriage Act,1955, lays down the condition of a valid marriage as follows: i) Monogamy - Sec 5(i) : Monogamy means having one spouse. 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 relief under Section 9 is subject to fulfillment of the following conditions: i) The marriage between the parties must be a valid marriage under Sec.5 of Hindu Marriage Act,1955. 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. These conditions are essential for the validity of marriage. After the Child Marriage Restraint (Amendment) Act, 1978; for a valid marriage the bridegroom must have attained the age of 21 years instead of 18 years as was provided before and the bride must have attained the age of 18 years instead of 15 years as was provided before in the Hindu Marriage Act, at the time of marriage. A marriage may be solemnized between any two Hindus if the conditions given in section are fulfilled. 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. Section 5 of the Act of 1955 prescribes conditions for a valid Hindu Marriage. It was not affect the valid marriage. Thus, this clause provides the rule of monogamy and prohibits polygamy which was permitted before this Act. In This is given under section 5 of the Act. 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. 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. Legitimacy of children of void and voidable marriages. It shows that despite the absence of consent of the bride, the marriage is valid and legal. The term “at the time of marriage” connotes that if at the time of marriage, the parties to it were of sound mind but later became insane or mentally unsound then this eventuality would not affect the validity of marriage. Through the case of Seema v. 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