HINDU LAW : I

TOPIC: ESSENTIALS OF VALID HINDU MARRIAGE

SUBMITTED TO: SUBMITTED BY:

Lakshmi. MP D. VENKAT KRISHNA REDDY
ASSISTANT PROFESSOR CAIL B.ALL.B(B) 5TH SEMESTER
Introduction:

🠶The acceptance of bride as his wife by the bridegroom in a gift by her parents is defined as
marriage.” In the process of gift the father of the bride chooses the bridegroom as a suitable
person to whom the girl is given.
🠶There are eight forms of marriages (before 1955) :-

🠶Approved forms:-

🠶Brahma
🠶Gandharva
🠶Rakshas
🠶Paishach

Un approved forms:-
🠶Daivas
🠶Arsha
🠶Prajapatya
Essentials of valid Hindu marriage

🠶 Under the Hindu Marriage Act ,1955 certain conditions are necessary for a valid Hindu
Marriage:
🠶 1.        Neither party has a spouse living at the time of the marriage
🠶 2.       At the time of marriage, neither party
a) is incapable of giving a valid consent to it in consequence of unsoundness of mind;
b) though capable of giving a valid consent, has been suffering from mental disorder of
      such a kind or to such an extent as to be unfit for marriage and the procreation of
children
🠶 3.       The bridegroom has completed the age of 21 years and the bride the age of 18 years
at the time of marriage;.
🠶 4.       The parties are not within the degrees of prohibited relationship, unless the custom
or usage governing each of them permits of a marriage between the two.
🠶 5.      The parties are not sapindas (one is a lineal ascendant of the other) of each other,
unless the custom or usage governing each of them permits of a marriage between the two.
🠶 Section 5 of Hindu marriage act,1955 lists out the essentials of valid Hindu marriage

🠶 1. Monogamous relationship:
Under section 5(i) of the act deals about this concept and it is considered as first essential
condition of a valid Hindu marriage is that neither party should have a living spouse at the
time of marriage.

2. Free consent:
section 5(ii) of the act provides that at the time of marriage neither party shall be incapable of
giving free valid consent on basis of unsoundness of mind, mental disorder and insanity.

3.Age:
Section 5(iii) of the act, at the time of marriage the male shall be minimum 21years of age and
female 18years of age.
🠶 Prohibited relationship
under section 5(iv) of the act, neither parties shall fall under degrees of prohibited relationship
except when such union is allowed by custom or usage

Sapinda relationships:
Under section 3(f)(ii) of the act, two persons are said to be sapinda of each other if one is
linear ascendant of another within the limits of sapinda relationships. These sapinda marriages
are prohibited and are liable for Punishmenet as well
🠶 1. The relationship extends as far as the third generation in the line of ascent through the
mother in case of both the parties.
🠶 The relationship extends as far as the fifth generation in the line of ascent through the
father in case of both the parties.
Conclusion:

🠶 These are the few essentials of Hindu marriage as mentioned under the act,
🠶 Child marriages are very common in India and women are still treated as property in the
hands of their husbands
🠶 Then one of the answer lies in compulsory registration of marriages. Section 8 provides
registration under facilitating proof.
🠶 By ensuring the compulsory registration of marriages, the essential conditions of Hindu
marriages can be enforced.