Section 5 of the Hindu Marriage Act, 1955

 Section 5 of the Hindu Marriage Act, 1955

Section 5 of the Hindu Marriage Act, 1955 lays down the conditions that must be fulfilled for a Hindu marriage to be valid. The section outlines the following conditions:

The section states that a marriage can be solemnized between two Hindus if the following conditions are fulfilled:
All the conditions mentioned above must be fulfilled for a Hindu marriage to be valid. If any of the conditions are not fulfilled, the marriage may be considered void or voidable.

Age: 

The bridegroom must have completed the age of 21 years, and the bride must have completed the age of 18 years at the time of the marriage. This condition ensures that the parties to the marriage are capable of giving valid consent and are mature enough to understand the responsibilities that come with marriage.

Mental capacity:

Both parties to the marriage must be of sound mind, capable of giving valid consent, and not suffering from any mental disorder that would make them unfit for marriage and the procreation of children. This condition ensures that both parties to the marriage are capable of understanding the nature and consequences of the marriage.

Prohibited relationships:

The parties to the marriage should not be within the degrees of prohibited relationship unless the custom or usage governing each of them permits such a marriage. The degrees of prohibited relationship is specified in Section 3(g) of the Act and include relationships of consanguinity (blood relations) and affinity (relationships by marriage). The relationships that are considered prohibited for the purpose of marriage include sapid relationships, i.e., the relationship between the bride and groom must not be such that they are within the degrees of the prohibited relationship as per Hindu law.

Monogamy: 

The parties to the marriage should not have a spouse living at the time of the marriage. This condition ensures that the marriage is monogamous and that neither party is already married at the time of the marriage.

Both parties must not have a spouse living at the time of the marriage. In other words, the marriage must be monogamous.

It is important to note that compliance with these conditions is mandatory for a Hindu marriage to be valid. Failure to meet any of these conditions can render the marriage null and void. In such cases, the marriage would have no legal,  sanctity and the parties would not have any legal rights or obligations arising from the marriage.

Section 5 of the Hindu Marriage  Act, of 1955 is an important provision that lays down the fundamental conditions for a valid Hindu marriage. It ensures that the parties to the marriage are capable of giving valid consent, understand the nature and consequences of the marriage, and are not in any prohibited relationships.

It is important to note that compliance with these conditions is mandatory for a Hindu marriage to be valid. Failure to meet any of these conditions can render the marriage null and void. In such cases, the marriage would have no legal sancti, ty, and the parties would not have any legal rights or obligations arising from the marriage.

It is therefore important for parties intending to enter into a Hindu marriage to ensure that they meet all the conditions prescribed under the Hindu Marriage Act of, 1955.

case law

Lachman Singh v. Gurmit Kaur (AIR 1979 SC 709):

In this case, the Supreme Court of India held that the provisions of Section 5 of the Hindu Marriage Act, 1955 are mandatory and must be strictly complied with. The court stated that any marriage that does not meet the conditions laid down in Section 5 is void ab initio and has no legal sanctity. The court also held that the minimum age requirement for marriage under Section 5 of the Act is 21 years for the groom and 18 years for the bride, and any marriage solemnized in violation of this condition is invalid.

Savitaben Somabhai Bhatiya v. State of Gujarat (AIR 2005 SC 1809):

In this case, the Supreme Court of India held that the requirement of free and valid consent of both parties to the marriage is an essential condition for a Hindu marriage under Section 5 of the Hindu Marriage Act, 1955. The court observed that any marriage without the free and valid consent of both parties would be void.

Smt. Sushma Pandey v. Om Prakash Pandey (AIR 1976 SC 2217): 

In this case, the Supreme Court of India held that the mental capacity of the parties to the marriage is an important consideration under Section 5 of the Hindu Marriage Act, 1955. The court observed that if either of the parties is suffering from any mental disorder that makes them unfit for marriage and procreation of children, the marriage would be void.

These case laws illustrate the significance of compliance with the conditions laid down in Section 5 of the Hindu Marriage Act, 1955 for a valid Hindu marriage. The cases also show that the courts have interpreted and applied the provisions of Section 5 in various ways to ensure that the sanctity of marriage is maintained and the rights of the parties to the marriage are protected.

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