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Conditions For A Valid, Void And Viodable Hindu Marriage

Section 5 of Hindu marriage act, 1955

says conditions for a Hindu marriage ; a marriage may be solemnized between any two Hindus , if the following conditions are fulfilled, namely:

  1. any one party living to the spouse at the time of marriage;
     
  2. At the time of the marriage, neither party,-
    (a) Is incapable of giving 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 extend as to be unfit for marriage and the procreation of children; or
    (c) Has been subject to the recurrent attacks of insanity
     
  3. The bridegroom has been completed age of twenty one years and the bride the age of completed eighteen years at the time of marriage;
     
  4. The parties are not within the decrees of prohibited relationship, unless the custom permits the marriage;
     
  5. The parties are not Sapindas of each other, unless the custom or usage permits the marriage between two;


Explanations:

Marriage solemnized between the two Hindus, any one already married subsequent marriage was void. The two parties should not married at the time of marriage. The parties was unsound mind at the time of marriage, the marriage was viod. The party was sound mind, but the party was affect any recurrent attacks or unfit for the procreation of child in this marriages also not consider a valid marriage. The bridegroom was complete age of 21 and the bride was complete age of 18 after only fix the marriage.

The parties not complete this age limit, the marriage was consider child marriage. This age limit’s fixing year of 2006, under child marriage prohibition act of 2006(6 of 2006).the Act of 1955 as well as Yajnavalkya prohibits marriage between Sapindas. Yajnavalkya says Sapindas relationship extends upto 7 degrees for fathers side and upto 5 degrees for mothers side.

But, this was relaxing the degrees, fathers sides 5 degrees and mothers side 3 degrees. Yajnavalkya Smriti mentions the girl should be Yaviyaseem i.e., the girl should be younger than bridegroom. But, this conditions was not mandatory. It was not affect the valid marriage. Under the present law no requirement that the bride should be younger than bridegroom.

Ex; male age 17 years and female age 13 years such a marriage was contrary to section 5clause(iii) of Hindu marriage act, 1955. But this marriage was valid. The only consequence is punishment under section 18 of Hindu marriage act.

There was no requirement that a bride should be a virgin.

Section 7 says ceremonies of Hindu marriage; A Hindu marriage may be solemnized in accordance with the customary rites of either party satisfied. All customary rites included the saptapadi (that is the taking seven steps by the bridegroom and the bride jointly before the sacred life).

Section 8 explained the registration of Hindu marriage, registration purpose was evidence of the marriage. Non- registration is punishable with fine which extend to be 25 rupees. This registration was any time everyone can inspection. Section 8(5) specifically states non registration shall not affect the validity of marriage.

But the recent judgment by the supreme court in Seema vs Ashwani kumar AIR 2006 SC 1158, the court issued the directions that the marriage of all Indian citizen belonging various religious, should be made compulsory registration. If the marriage is registered, most of the disputes was easily avoided. Registration was protect the women’s rights, and also avoid the legitimacy issues of children’s. It’s also safe the children’s rights.

In P. Ramesh Kumar vs Secretary Kannapuram Gram Penchant, AIR 1998 ker. 95, in this case learned single judge of the Kerala high court held that a Japanese Buddhist lady having a Japanese citizenship, this lady was marry Hindu boy. But the registration certificates was not issues because he was not domicile of India.

Conditions for void marriage under Hindu law
Section 11 of the Hindu marriage act, 1955 was explained void marriages. Any Hindu marriage controversy to the section FIVE clause (i), (iv) and (V) in this marriage was void.

In Kedar Nath vs Smt. Suparva AIR 1963. In this case, A was married B, and then A was married C. B was the legitimate and first wife of the A. C was file a relief petition to A. but, B was not present in this petition. C file case was opposed the law. So, under amendment section also stranger cannot seek relief under the act. He may seek under general law.

In Vinita Saxena vs Pankaj Pandit, AIR 2006 SC 1662(2) CCC52 (SC). In this case parties was affecting the mental disorder and not possible to procreation of children, it may furnish the ground for nullifying the marriage.

Another case M.M. Malhotra vs UOI, AIR 2006 SC 80. In this husband was marrying the other women. But, the first marriage was not terminated. The court held that, second marriage was void and null. Because, this marriage was violate the valid marriage condition section FIVE clause (i).

Another land mark case Lily Thomas vs UOI, AIR 2000 SC 1650. A Hindu wife was filing a complaint for the offense under section 494, IPC on the ground for bigamous of the marriage. Husband was marrying other women in subsisting of first marriage.

He was firstly marring Hindu girl, and he was converting to Islamic religion. Marrying to the Islamic girl, he thinks now he was Muslim and also apply the Muslim law only. But, the laws says the person was marrying women dissolve the marriage after only convert any religion. Before dissolving the marriage, at the time of marriage law only govern the parties.

Conditions for Voidable Marriage under Hindu law

Section 12 of Hindu marriage act 1955, says voidable marriage:

  1. As to impotence;- under old clause (a), decree of nullity on the ground of impotence, it had shown that the disability was existing from the time of marriage onward. But, now this provision was omitted. The fact of non consummation of the marriage owes to the respondent’s impotence are all the need be proved under the amendment clause. It was most advanced provision.

  2. That the marriage was been in the contravention of the condition specified in clause (ii) of section 5;
     
  3. The consent to the marriage has been obtained from force or fraud.
     
  4. The respondent was pregnant at the time of marriage by some other persons other than the petitioner.


Section 12 clause (2) says no petition file for annulling and void marriage:

  1. the petition is presented more the one year after discover fraud.
     
  2. The petitioner has, with his or her full consent, lived with the another party to the marriage as husband or wife after the force had ceased to conduct or, in case may be, the fraud had been discovered (more than one year)


The respondent was at the time of the marriage pregnant by some person, the petitioner was file a petition for nullity of marriage.
The court satisfied following instruction:

  1. the petitioner was at the time of the marriage ignorant of the facts and true;
     
  2. That proceedings have been institute in case of a before a solemnized marriage commencement of this Act within one year of such commencement and in the case of after solemnizing marriage such commencement within one year from the date of the marriage; and
     
  3. That marital intercourse with the consent of the petitioner has not taken place since the Discover by petitioner of the existence of the said ground.

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