Section 7 talks about the ceremonies for a Hindu marriage

- Smriti Singh vs state of up

Section 8 talks about the registration of Hindu marriage

- Seema vs Ashwani Kumar

Conditions for a Hindu marriage

Section 5 deals with the essential conditions for a valid Hindu marriage.

- Should be between two Hindus (at the time of marriage- conversion after marriage is
not permitted)
- Neither party should be having a living spouse at the time of the marriage
- At the time of marriage, if neither party is incapable of giving a valid consent because
of unsoundness of mind, the marriage is voidable
- Though capable of giving a valid consent but is suffering from mental disorder to
such extent as to be unfit for marriage and the procreation of children or has been
subject to recurrent attacks of insanity.
- The bridegroom has completed the age of 21 and the bride has completed the age of
18
- The parties are not within the degrees of prohibited of relationship unless the customs
and usage governing each of them permits the marriage between the two
- Marriage with a sapinda relation is also prohibited.

Section 3 provides the degrees of prohibited marriage

- If one is lineal ascendants of the other.

- If one was the wife or husband of a lineal ascendants or descendants of the other.
- Of one was the wife of the brother, father’s or mother’s brother, the grandfather’s or
grandmother’s brother or other.
- If the two are brother or sister, uncle and niece, aunt and nephew or children of
brother and sister or of two brothers or of two sisters.
- Section 3(f) defines sapinda relationship- extends as far as the three generation
(inclusive) from the mother’s side and up to five generations (inclusive) from the
father’s side.
Section 11 talks about void marriage

- Applicable to marriage solemnized after the commencement of the Hindu Marriage

Act.
- By contravention of the conditions of monogamy, rules related to prohibited relations.
Rule related to sapindas.
- Decree of nullity may be issued on a petition given by either of the parties.

Section 12 deals with marriages that are voidable.

- Applicable to a marriage solemnized, whether before or after the commencement of

the Act
- Grounds are: the marriage has not been consummated owing to the impotency of the
respondent.
- That the marriage is in contravention of the condition that is mentioned in section 5
about mental capacity and consent.
- When the consent of the petitioner is obtained by force or fraud as to the nature of the
ceremony or as to any material fact or circumstance concerning the respondent, the
petitioner can claim for nullity of the marriage.
- But such a petition cannot be entertained if the petition is presented more than one
year after the force had ceased to operate, or as the case may be the fraud had been
discovered.
- The petitioner has, with his or her full consent, lived with the other party to the party
as husband or wife after the force has ceased to operate or as the case may be fraud
had been discovered.
- That the respondent at the time of the marriage was pregnant by some person other
than the petitioner. (pregnancy-per-allium).