Condition for valid Hindu marriage

Condition for Hindu marriage

There are five condition of Hindu marriage act 1955 under section (5)

  1. Monogamy
  2. Sanity
  3. Age
  4. Beyond prohibited degree
  5. Beyond sapinda relationship


Monogamy

Case

Smt. Yamunabai anat rao adhar v/s anant rao thiraram athar AIR 1988 SC 644

  • The Supreme Court held that the marriage becomes null and void where it is in violation of first condition of section 5.
  • The Supreme Court absorb further that the wife in a void marriage cannot claim maintenance under section 125 in code of criminal procedure (CrPC) 1973.

Thus a man whose wife is alive and his marriage is valid and subsiding at the time, cannot marry another wife. He will be guilty of committing the offence of bigamy, but the parties to void marriage within the purview of section 11 in Hindu marriage act 1955, can cannot a valid marriage.

Case

Miles v/s chiton 1 ROB 684

A second marriage in the lifetime of spouse of the of the first marriage, in view of section 5(1) of this act will be against law and void, ever if the second marriage was contracted outside of India.

Case

Smt. santosh kumara v/s surjir singh AIR 1990 HP 77

Where a husband or wife is arranging another marriage, either could move the court in order to set a probability injunction so as to restrain the other party from marriage a fresh where a trail court permitted the husband to marry another wife during the subsistence of first marriage, an application of the wife of the first marriage on the that her health used to be bad and she was unable to satisfy his sexual desire, the Himachal Pradesh high court held that the order of the court would be illegal being contrary to section 5 of the Hindu marriage act.

Leave a Comment