Section 5 – Hindu Marriage Act – Conditions For A Hindu Marriage.

This section outlines the essential conditions for a valid Hindu marriage under the Hindu Marriage Act, 1955.

1. Exact Code

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; or
  • (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; or
  • (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;

2. Explanation

This section lays down the following conditions for a valid Hindu marriage:

• Monogamy: Both parties must be unmarried at the time of marriage.
• Mental Capacity: Both parties must be of sound mind and capable of understanding the nature and consequences of marriage. This includes those with mental disorders who are deemed unfit for marriage and procreation.
• Minimum Age: The bridegroom must be at least 21 years old, and the bride must be at least 18 years old.
• Prohibited Relationships: Marriage is prohibited between individuals within certain degrees of relationship (e.g., close relatives), unless their customs or usages permit it.
• Sapinda Relationship: Marriage is prohibited between individuals who are sapindas (related through a common ancestor), unless their customs or usages permit it.

3. Illustration

Imagine a scenario where two individuals, A and B, are planning to get married. They meet all the criteria outlined in Section 5 of the Hindu Marriage Act. However, A has a spouse living, making their marriage invalid under condition (i) of this section.

4. Common Questions and Answers

Q1: What if one party is mentally ill?

A: If a party is suffering from a mental disorder that renders them incapable of understanding marriage, the marriage will be invalid.

Q2: Can a marriage be valid if the bride is under 18 years old?

A: No, the minimum age for the bride is 18 years old. Any marriage where the bride is younger is invalid under the Act.

Q3: Can a marriage between close relatives be valid?

A: In general, marriage between close relatives is prohibited. However, if their customs or usages permit it, such a marriage may be valid.