MArriage under hindu law

The concept of marriage is to form a relationship between husband and wife. Marriage is a religious tie which cannot be broken. According to Section 5 of Hindu Marriage Act, 1955 it was accepted that a Hindu Marriage was a religious ceremony and also a Sanskara

There are three types of marriage-

  • Valid Marriage
  • Void Marriage
  • Voidable Marriage

Section 5 of the Hindu Marriage Act,1955 states the conditions for a valid marriage. A marriage can be said valid, if it fulfils following conditions:

  • None of these parties have spouses living at the time of the marriage.
  • During the time of the marriage, neither party should be-
  • Incapable of giving valid consent due to the unsoundness of mind.
  • Suffering from mental disorder to an extent as to be unfit for marriage and procreation of children.
  • Subjected to repeated attacks of insanity.
  • Age- The bridegroom must be 21 years or above and the bride must be 18 years or above.
  • The parties are not in a degree of prohibited relationship.
  • Parties are not sapindas (blood relation) to each other.

 Under section 11 a marriage is considered void under the Hindu Marriage Act if it doesn’t fulfils the following conditions of Section 5 of the Hindu Marriage Act:

  • Bigamy – If any of the parties have another spouse living at the time of marriage. It shall be considered as null and void.
  • Prohibited Degree – If the parties are within a prohibited relationship unless the customs allows it.
  • Sapindas – A marriage between the parties who are sapindas or in other words a marriage between the parties who are of his or her relations or of the same family.

Under section 12 a marriage is voidable on either side of the party is known as voidable marriage. It will be valid unless the petition for invalidating the marriage is made. This marriage is to be declared void by a competent court under the Hindu Marriage Act, 1955. The parties of such marriage have to decide whether they want to go with such marriage or make it invalid.

The grounds where marriage can be termed as voidable:

  • The party to the marriage is not capable of giving consent due to the unsoundness of mind. 
  • The party is suffering from mental disorder which makes her unfit for reproduction of children. 
  • If the party has been suffering from repeated attacks of insanity. .   
  • The consent of marriage by either of the parties is done by force or by fraud. 
  • If either of the parties are under-aged, bridegroom under 21 years of age and bride under 18 years of age. 
  • If the respondent is pregnant with a child of someone other than the bridegroom while marrying. 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

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