Section 5 of Hindu Marriage Act, 1995- Conditions for a Hindu Marriage:
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-
(i) Neither party has a spouse living at the time of the marriage.
(ii) At the time of the marriage, neither party.
(a) Is incapable of giving a valid consent to it in consequence of unsoundness of mind.
(b) Though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
(c) Has been subject to recurrent attacks of Insanity
(iii) The bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage;
(iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two
(vi) (a) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363.
(b) To draw an inference merely from the fact that the spouses had no co-habitation for a short period of about a month, is neither reasonable nor permissible. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R. Lakshmi Narayan v. Santhi, AIR 2001 SC 2110.
Section 7- Ceremonies for a Hindu marriage.
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. State Amendments Section 7A Pondicherry: After section 7, insert the following section, namely:-
(a) By each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or
(b) By each party to the marriage garlanding the other or putting a ring upon any finger of the other; or
(c) By the tying of the thali.
(3) (a) Notwithstanding anything contained in section 7, but subject to the other provisions of this Act, all marriages to which the section applies solemnised after the commencement of the Hindu Marriage (Madras Amendment) Act, 1967, shall be good and valid in law.
(b) Notwithstanding anything contained in section 7 or in any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of the Hindu Marriage (Madras Amendment) Act, 1967, or in any other law in force immediately before such commencement or in any judgment, decree or order of any court, but subject to sub-section (3) all marriages to which this section applies solemnised at any time, before such commencement shall be deemed to have been, with effect on and from the date of the solemnisation of each such marriage, respectively, good and valid in law.
(4) Nothing contained in this section shall be deemed to.
(a) Render valid any marriage referred to in clause (b) of sub-section (2), if before the commencement of the Hindu Marriage (Madras Amendment) Act, 1967,
(i) Such marriage has been dissolved under any custom or law; or
(ii) The woman who was a party to such marriage has, whether during or after the life of the other party thereto, lawfully married another; or
(b) Render invalid a marriage between any two Hindus solemnised at any time before such commencement, if such marriage was valid at that time; or
(c) Render valid a marriage between any two Hindus solemnised at any time before such commencement, if such marriage was invalid at that time on any ground other than that it was not solemnised in accordance with the customary rites and ceremonies of either party thereto:
Provided that nothing contained in this sub-section shall render any person liable to any punishment whatsoever by reason of anything done or omitted to be done by him before such commencement.
(5) Any child of the parties to a marriage referred to in clause (b) of sub-section (2) born of such marriage shall be deemed to be their legitimate child: Provided that in a case falling under sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (3), such child was begotten before the date of the dissolution of the marriage.
Section 11 – Void Marriages:
Any marriage solemnised after the commencement of Hindu Marriage Act shall be null and void in case a petition is presented by either party against the other in a marriage, is declared so by a decree of nullity on a finding that it is in contravention of any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
Section 12 – Voidable Marriage:
(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:—
(a) That the marriage has not been consummated owing to the impotence of the respondent.
(b) That the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the responden.
(d) That the respondent was at the time of the marriage pregnant by some person other than the petitioner.
The Hindu Marriage Act, 1955 provides for the legal framework for marriage and divorce among Hindus. Under this Act, marriages can be classified as valid, void, or voidable based on specific conditions and grounds.
Valid Marriages: A valid marriage is one that is recognized as legal and binding under the Hindu Marriage Act, 1955. Such a marriage has all the legal rights and obligations that come with a marriage, and any child born out of the marriage is legitimate. A marriage is considered valid if it fulfils the following conditions:
- Both parties must have the capacity to marry. This means that they are of legal age, are not within prohibited degrees of relationship, and are mentally and physically fit to enter into the marriage.
- The marriage must be solemnized according to the Hindu Marriage Act, 1955. The marriage must be performed by a person who is authorized to conduct marriages, and it must be performed with proper ceremonies and rituals.
- The marriage must not be prohibited by law. This means that the marriage must not be between parties who are within the prohibited degrees of relationship, or who are already married.
Void Marriages: A void marriage is one that is considered to have never existed in the eyes of the law. Such a marriage is invalid from the beginning, and no legal rights or obligations arise from it. The grounds for a void marriage are:
- Prohibited degrees of relationship: If the parties are within the prohibited degrees of relationship, such as siblings, parents and children, the marriage is void.
- Bigamy: If either party is already married, the subsequent marriage is void.
- Sapinda relationship: If the parties are related to each other within the degrees of sapinda relationship, the marriage is void.
- Underage marriage: If either party is below the legal age of marriage, the marriage is void.
Voidable Marriages: A voidable marriage is one that is considered to be legal and binding until it is annulled by a court of law. Such a marriage can be considered valid if certain conditions are fulfilled. The grounds for a voidable marriage are:
- Consent obtained by force, fraud or undue influence: If either party has been forced, tricked or coerced into the marriage, the marriage can be considered voidable.
- Mental disorder: If either party is of unsound mind and is incapable of understanding the nature and consequences of the marriage, the marriage is voidable.
- Impotence: If either party is incapable of consummating the marriage, the marriage can be considered voidable.
In conclusion, it is important to understand the distinction between valid, void, and voidable marriages under the Hindu Marriage Act, 1955. This knowledge can help individuals make informed decisions about their marriage and can also help them protect their legal rights in case of a dispute. It is always advisable to consult a legal professional for any issues related to marriage and divorce.