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

The Hindu Marriage Act, 1955, outlines the conditions that must be met for a marriage to be considered valid under Hindu law. These conditions are designed to ensure that both parties enter into the marriage willingly and with full legal capacity and that the union is conducted in accordance with traditional Hindu customs and practices. Below are the key essentials for a valid Hindu marriage as stipulated by the Act.

Both Parties Must Be Hindus

Section 5 of the Hindu Marriage Act, 1955, specifies that for a marriage to be lawful, both parties must be Hindus. This means that if either party is not a Hindu, the marriage will not be recognised under the Act. In the case of Yamunabai Anant Rao Adhav v. Anant Rao Shivaram Adhav (1988), it was clarified that Section 5 permits marriages to be performed only between two Hindus. Therefore, if one party is a Christian, Muslim or of any other religion, the marriage will not be considered valid under the Hindu Marriage Act.

Soundness of Mind and Legal Consent

According to Section 5(ii)(a) of the Act, both parties must be capable of giving legally binding consent. This means they should not suffer from unsoundness of mind, mental disorder or insanity. If either party is incapable of giving consent due to mental incapacity, the marriage can be declared null and void at the discretion of the other party in Hindu Law.

Section 5(ii)(b) further states that even if a party is capable of giving legal consent, the marriage can still be dissolved if one of the parties has a mental condition that makes them unfit for marriage and for having children. In Alka Sharma v. Chandra Sharma (1991), the court nullified the marriage because the woman exhibited extreme anxiety and irrational behaviour, which made her unfit for marital life.

Section 5(ii)(c) adds that if one partner has experienced repeated episodes of insanity, the other party may choose to annul the marriage. The Marriage Laws (Amendment) Act, 1999, removed the term “epilepsy” from this clause, meaning that epilepsy is no longer a ground for annulment.

Monogamy

Section 5(i) of the Hindu Marriage Act, 1955, stipulates that neither party should have a living spouse at the time of the marriage. If either party has a living spouse, the marriage is considered null and void. This provision aims to ensure monogamy. A second marriage is only permissible after the first marriage has ended by death or divorce.

Section 17 of the Act, which deals with the penalties for bigamy, states that a marriage will be void if either party was already married at the time of the union. Offenders may face prosecution and punishment under Sections 494 and 495 of the Indian Penal Code, 1860.

Age Requirements

Section 5(iii) of the Act mandates that the bride must be at least 18 years old and the groom must be at least 21 years old at the time of the marriage. Marriages that contravene these age requirements are neither null nor voidable, but solemnising such a marriage can lead to prosecution under Section 18 of the Act, which prescribes a penalty of up to two years in jail, a fine of up to one lakh rupees or both.

In P. Venkataramana v. State (1977), it was ruled that a marriage in contravention of the age requirements is neither void nor voidable. However, the violation is punishable under Section 18.

Prohibition of Sapinda Relationships

Section 5(v) of the Act prohibits marriages between people who are related as Sapindas. A Sapinda relationship is defined in Section 3(f) as extending up to the third generation in the line of descent through the mother and the fifth generation in the line of descent through the father. A marriage within these degrees of relationship is considered void unless there is a valid custom or usage that permits such a marriage.

Under Section 18, violating the prohibition on Sapinda relationships can result in simple imprisonment for a month and a fine of Rs. 1,000. Customary practices that allow such marriages must be certain, reasonable and not against public policy.

Prohibited Degrees of Relationship

Section 5(iv) of the Act states that parties should not be within the degrees of prohibited relationships unless their customs allow it. Section 3(g) specifies that two people are in a prohibited relationship if one is the other’s lineal ascendant or if they have certain other close familial connections. Marriages within these degrees are void unless a valid custom or usage permits it.

For instance, in Balu Swami Reddiar v. Balakrishna (1956), the court held that a marriage between close relatives was void as it was against public policy, even though it was a customary practice among the Reddiar community.

Solemnisation of Marriage According to Customary Rites

Section 7 of the Act requires that a Hindu marriage be solemnised according to the customary rites and ceremonies of either party. The saptapadi (seven steps) ceremony is important and the marriage is considered complete once the seventh step is taken.

In Bibba v. Ramkall (1982), the court ruled that merely performing some ceremonies with the intention of being married does not suffice; the ceremonies must be in accordance with the customs of the parties.

Conclusion

The Hindu Marriage Act, 1955, sets forth clear conditions for a valid marriage, ensuring that both parties enter into the union with full legal capacity and in accordance with traditional Hindu customs. The essentials of a valid marriage include being of Hindu faith, soundness of mind, monogamy, adherence to age requirements, avoidance of Sapinda and prohibited relationships and proper solemnisation of the marriage. Understanding these essentials of a valid marriage is important for anyone entering into a Hindu marriage, as non-compliance can lead to the marriage being declared null and void, along with potential legal consequences.