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Essentials of Valid Hindu Marriage

The Hindu Marriage Act of 1955 establishes conditions for valid Hindu marriages in India. Section 5 outlines these conditions, including that neither party can have a living spouse, both parties must be mentally sound and of the proper age (bride over 18, groom over 21), and they cannot be in a prohibited sapinda relationship unless permitted by custom. Section 7 further requires marriages to follow the customary ceremonies of either party to be valid. Indian courts have upheld the Act's prohibition of polygamy and bigamy, found that second wives in bigamous marriages have no legal status but their children are legitimate, and ruled that marriages without proper ceremonies are invalid.

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384 views2 pages

Essentials of Valid Hindu Marriage

The Hindu Marriage Act of 1955 establishes conditions for valid Hindu marriages in India. Section 5 outlines these conditions, including that neither party can have a living spouse, both parties must be mentally sound and of the proper age (bride over 18, groom over 21), and they cannot be in a prohibited sapinda relationship unless permitted by custom. Section 7 further requires marriages to follow the customary ceremonies of either party to be valid. Indian courts have upheld the Act's prohibition of polygamy and bigamy, found that second wives in bigamous marriages have no legal status but their children are legitimate, and ruled that marriages without proper ceremonies are invalid.

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The Hindu Marriage Act, 1955 – Came in force on 18th May 1955

Conditions for a Valid Hindu Marriage.

Sec: 5 of HMA deals with the Conditions of Hindu Marriage

A Hindu marriage may be solemnized between any two Hindus, if the given conditions in Sec. 5
of HMA are fulfilled.

Sec 5(i) says that neither party should have a spouse living at the time of the marriage. Hindu
Marriage Act promotes monogamy; Bigamy and Polygamy are prohibited and criminalized
which is punishable under sec. 494 and 495(Punishment for Bigamy) of Indian Penal Code,
1860.

Sambi Reddy Vs. Jeyamma

Sec. 17 of HMA which provides the punishment for Bigamy r/w. Sec. 494 and 495 of IPC was
challenged to be void but the Court held that it is valid and is not against the Constitution.

Shanti Dev Verma Vs. Panjan Prasad

The Court held that the 2nd Wife in a Bigamous marriage will not hold any legal status but their
children are legitimate to the extent they can obtain inheritance. The 1 st wife can ask for a
divorce.

Smt. Yamuna Bai Anand Rao Madav Vs. Anand Rao Shivram Madav

The Court held that the 2nd wife in a bigamous marriage cannot claim maintenance under sec.
125 of Civil Procedure Code.

Surjeet Singh Vs. Mahinder Pal Singh

1st wife can get injunction to stop Husband from doing 2nd marriage.

Sec. 5 (ii) talks about the mental capability. Either party should have the mental capability to
give valid consent and they should have unsound mind, not be suffering from mental disorder to
the extent procreation cannot be done.
Sec 5(iii) deals with the age of the parties of marriage. The bride should have completed 18 yrs
of age and the Bridegroom should be of 21 yrs of age.

Venkat Ram vs. State of Andra Pradesh

Vekat was married at 13 yrs when his wife was 9 yrs old. He marries another when he becomes
18 yrs thinking the first marriage was void. 1st wife files a petition for bigamy.

Sec 5 (iv), (v) says that either party should not be in a sapinda , prohibited relationship unless the
custom permits in the later.

Sec. 7 of HMA says the marriage is only solemnized only when customary and ceremonies of
either party is carried out.

Mahila Gumani vs. Ram Dayal

The Court held that the Marriage without any ceremony is not a valid marriage.

Devanai Achi Vs. Chidambaram Chettiar

Both parties married by exchanging Garlands. The marriage was declared void and the Court
held, Customary and ceremonial rights cannot be altered by an association or society of recent
origin.

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