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Valid Marriage Under Hindu Law

 Valid Marriage Under Hindu Law

By Shagun Mahendroo


To be valid, the marriage must meet the requirements outlined in Section 5 of

the Hindu Marriage Act (HMA). The most important criterion is that both

parties identify as Hindus under Section 2 of the Hindu Marriage Act.

Requirements:

If the following conditions are met, a marriage between any two Hindus can be

solemnised:

 Neither partner has a living spouse at the time of the marriage.

 neither party due to mental condition,

 is unable to give valid consent;

 has had a mental illness of such a form or severity that he or she is

unfit for marriage and childbearing, although being capable of

giving legal permission; or

 has experienced multiple bouts of insanity

 At the time of the marriage, the groom and bride had reached the age of

21 [twenty-one years].

 The parties are not in a prohibitory relationship unless each of them has a

custom or usage that permits them to marry.

 The parties are not sapindas of each other unless each of them has a

custom or usage that allows them to marry.

Explanation of the Circumstances:

The first requirement establishes the concept of monogamy.

The second condition is the mental capacity of one of the other parties to the

marriage, which prevents a stupid or maniac from marrying.

The bride and groom must be at least 21 years old to enter into a marriage,

according to the third criteria. Because the law considers them adults at a

particular age, this condition necessitates the bride and groom's assent to the

marriage.

Individuals with forbidden degrees are not allowed to marry unless it is a

common practise or has been established in the community's usage. A marriage

between them is legal in each of their jurisdictions.


The fifth condition is similar to the fourth, but it forbids two sapindas from

marrying.

What are the remedies available to the Hindu Marriage Act in the event of a

marriage annulment or dissolution?

From the beginning, marriages that violate Sections 5 (i), (iv), and (v) of the

Hindu Marriage Act have been ruled null and void.

Marriages that contravene the grounds mentioned in Section 12 of the Hindu

Marriage Act are voidable, and the Court may annul them if the Section 12

prerequisites are met.

Judicial Separation: A petition for judicial separation may be filed under

Section 10 on any of the grounds stated in subsection I of Section 13, or, in the

case of a wife, on any of the grounds listed in subsection (ii) thereof, as grounds

for divorce.

Divorce: Under Section 13 of the HMA, every marriage solemnised under the

Hindu Marriage Act may be dissolved by a divorce decision based on a petition

filed by either the husband or the wife. Under Section 13 of the Family Code,

this is a contested divorce.

In divorce proceedings, Section 13A of the Hindu Marriage Act allows an

alternative method of recourse. Instead of issuing a dissolution of marriage

decree, the court may issue a judicial separation judgement. Section 13 clauses

(ii), (vi), and (vii) would be exceptions to the relief.

Section 13B: In the District Court, both parties to a marriage may submit a

petition for dissolution of marriage by decree of divorce, and the court may

grant the decree provided the criteria set forth in section 13B are met.

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