Legal framework for a valid Hindu Marriage (Hindu Law)

Introduction

Marriage in Hindu culture is regarded as a sacred bond, transcending mere legality and symbolizing a lifelong commitment. Under Hindu law, marriage is considered a sacrament and an essential part of life, recognized as one of the necessary samskaras (rites of passage) that is expected regardless of caste.

Governed primarily by the Hindu Marriage Act, 1955 (HMA), this legislation reformed Hindu marriage law and provided a legal framework for Hindu marriages, including their registration and solemnization. The HMA applies to all Hindus, including Buddhists, Sikhs, and Jains, and also to any individual who is not a Muslim, Christian, Parsi, or Jew as per Section 2(1)(c) of the Act[1]. The Act aims to provide clarity and uniformity to marriages in India, ensuring rights, responsibilities, and protections for both spouses while codifying aspects such as divorce, maintenance, and succession.

Evolution of the Hindu Marriage Act

• Before 1955, Hindu marriage laws were rooted in ancient texts like the Vedas, Manusmriti, and Dharmashastras, emphasizing marriage as a sacrament. However, societal changes necessitated legal reforms to standardize marriage laws and address issues such as dowry, divorce, and remarriage.
• Post-independence, Dr. B. R. Ambedkar spearheaded the effort to codify Hindu personal laws through the Hindu Code Bill, which faced significant opposition.
• In 1952, Law Minister C. C. Biswas divided the bill into separate acts, resulting in the Hindu Marriage Act, 1955. The Act was created to reform and codify Hindu marriage laws, ensuring legal uniformity and consistency across the Hindu community.

Marriage Under Hindu Law

• Marriage under Hindu law is more than just a social contract; it is a deeply spiritual and cultural bond. The Hindu Marriage Act has modernized these ancient customs, providing a robust legal structure to safeguard the rights of both spouses and ensuring that marriages, whether conducted in a temple or at home, receive legal recognition.
• The Hindu Marriage Act, 1955, provides the legal framework for solemnizing and registering Hindu marriages. Section 5 of the Act[2] outlines the essential conditions for a valid marriage between Hindus, which, if violated, may render the marriage either void or voidable under Sections 11 and 12.[3] The Act is discretionary in nature, using the term “may” rather than “shall,” but failure to meet its conditions can lead to significant legal consequences.
• One of the key aspects of the Act is Section 7,[4] which recognizes the customary rites and ceremonies of either party to the marriage. It acknowledges that different communities within Hinduism may have varied traditions, from simple exchanges of garlands to elaborate rituals like Saptapadi (the seven steps before the sacred fire). The Act upholds the validity of marriages conducted as per these rites, provided that the essential conditions outlined in Section 5[5] are met.

Conditions of a Valid Hindu Marriage under Hindu Marriage Act, 1955

1. Monogamy: Neither Party Should Have a Living Spouse at the Time of Marriage

• Section 5(i)[6] mandates that at the time of the marriage, neither party should have a spouse living. This provision enforces monogamy by prohibiting both polygamy (having multiple wives) and polyandry (having multiple husbands). Marriages in violation of this requirement are considered void.
• If a person enters into a second marriage while their first spouse is still alive, the second marriage is null and void from the outset. Additionally, such an act constitutes the offense of bigamy, which is punishable under Sections 494 and 495 of the Indian Penal Code, 1860[7] (Now under Section 82(1) and 82(2) of the Bhartatiya Nyaya Sanhita, 2023)[8].
• In Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav[9], the Supreme Court clarified that any marriage contracted while a prior spouse is living is void and the individual can be charged with bigamy if the first marriage was solemnized according to the prescribed ceremonies.
• In Bhaurao Shankar Lokhande v. State of Maharashtra[10] it was held that “Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be solemnized. Proper solemnization of second marriage is essential to constitute the offence of Bigamy.”
• In Sarla Mudgal v. Union of India[11] and in Lily Thomas v. Union of India[12], it was held that “When one is married under Hindu Law, he by embracing Islam cannot solemnize a second marriage under Muslim Law, which permits polygamy, as the Hindu Marriage Act strictly enforces monogamy.”

2. Mental Capacity: Ability to Give Valid Consent

• Section 5(ii)[13] addresses the mental capacity of both parties. For a marriage to be valid:

1. Neither party should be incapable of giving valid consent due to unsoundness of mind.
2. Even if capable of giving valid consent, neither party should suffer from any mental disorder that renders them unfit for marriage or procreation.
3. Neither party should have recurring episodes of insanity or epilepsy at the time of marriage.

• Marriages where one party lacks the mental capacity to consent are considered voidable and can be annulled under Section 12 of the Act[14]. However, epilepsy as a ground for annulment was removed by the Marriage Laws (Amendment) Act, 1999.
• In Alka Sharma v. Abhinesh Chandra Sharma[15], the court annulled a marriage due to the wife’s mental condition, which made her unfit for marital life. Mental incapacity must exist at the time of the marriage for it to be considered voidable.

3. Minimum Age for Marriage

• Section 5(iii)[16] specifies the minimum legal age for marriage:

1. The groom must be at least 21 years old.
2. The bride must be at least 18 years old.

• A marriage that violates the minimum age requirement is not void, but it is punishable under Section 18 of the Act[17]. The Child Marriage Restraint (Amendment) Act, 1978 enforces this condition. If either party is below the legal age, the individuals responsible for conducting the marriage may be penalized, but the marriage itself remains valid.
• In P. Venkataramana v. State[18], the court held that a marriage performed in violation of the age requirements remains legally valid, but such violations may attract penalties under the law.

4. Prohibited Degrees of Relationship

• Section 5(iv)[19] prohibits marriages between parties who fall within certain degrees of close familial relationships, such as:

1. Lineal ascendants and descendants (e.g., parents and children).
2. Siblings (brothers and sisters).
3. Uncles and nieces or aunts and nephews.

• Marriages within prohibited degrees of relationship are void unless customs allow such marriages. If parties violate this provision without the backing of custom, the marriage is considered null and void under Section 11 of the Act[20].
• Balu Swami Reddiar v. Balakrishna[21], the court declared a marriage within a prohibited relationship as void, emphasizing the violation of public policy and the importance of adhering to Section 5(iv)[22].

5. Sapinda Relationship: Restrictions on Marrying Close Relatives

• Section 5(v)[23] defines a “sapinda” relationship as one where the parties share a common ancestor within:

1. Three generations on the mother’s side.
2. Five generations on the father’s side.

• A marriage between sapindas is void unless permitted by custom. Sapinda relationships are considered too close for marriage due to the perceived risk of hereditary issues and social norms.
• The prohibition is grounded in the idea of preserving genetic distance and preventing incestuous relationships.

Solemnization of Marriage: Following Customary Rites and Ceremonies

• Section 7 of the Hindu Marriage Act, 1955 mandates that a valid Hindu marriage must be solemnized according to customary rites and ceremonies of either party’s community or tradition.[24] If “saptapadi” (seven steps around the sacred fire) is part of the customary rites, the marriage is considered complete upon taking the seventh step.
• A marriage is deemed incomplete or invalid if not performed according to the prescribed customary rituals. This provision emphasizes the importance of religious and cultural rites in solemnizing a marriage.
• In Bibba v. Ramkall[25], the court held that incomplete performance of the required ceremonies rendered the marriage invalid, reinforcing the necessity of observing customary rituals.
• In Bhaurao Shankar Lokhande v. State of Maharashtra[26] it was held that “Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be solemnized.”

Registration of Marriage under Hindu Marriage Act

• Section 8[27] encourages the registration of Hindu marriages for evidentiary purposes. Registration is not mandatory for the validity of the marriage, but it helps in legal proceedings like succession and property disputes.
• In Seema v. Ashwani Kumar[28], the Supreme Court directed all states and union territories to make registration of marriages compulsory. The court emphasized the need for marriage registration to prevent fraud, protect women’s rights, and ensure legal protection in matters related to inheritance and divorce.

Void Marriages

• Section 11[29] declares certain marriages null and void from the outset if they violate specific conditions of Section 5. The following marriages are automatically void:

1. Marriages where either party has a living spouse at the time of marriage (Section 5(i)).
2. Marriages within prohibited degrees of relationship unless custom permits (Section 5(iv)).
3. Marriages between sapindas unless custom permits (Section 5(v)).

Voidable Marriages

• Section 12[30] allows for certain marriages to be annulled at the request of one party, making them voidable. Grounds for a voidable marriage under section 12(1)[31] include:

1. Incapacity to give valid consent due to unsoundness of mind.
2. Inability to consummate the marriage on account of his or her impotency.
3. Fraud or force used to obtain consent for marriage.
4. Concealment of pre-marriage pregnancy by the respondent.
5. If the wife was pregnant by another person at the time of marriage, and the husband was unaware of it.

Conclusion

The conditions laid out under Section 5 of the Hindu Marriage Act, 1955 are designed to ensure that marriages in the Hindu community are conducted with due regard to personal capacity, societal norms, and legal frameworks. By enforcing monogamy, mental fitness, proper age, restrictions on close familial relationships, and adherence to customary rites, the Act balances traditional Hindu values with modern legal safeguards. Violations of these conditions either render the marriage void or punishable under the law, reflecting the Act’s emphasis on the integrity of the marital institution.

---

[1] The Hindu Marriage Act, 1955, s. 2(1)(c).

[2] Section 5 of the Hindu Marriage Act, 1955

[3] Section 11 and Section 12 of the Hindu Marriage Act, 1955

[4] Section 7 of the Hindu Marriage Act, 1955

[5] Supra at 2

[6] Section 5(i) of the Hindu Marriage Act, 1955

[7] The Indian Penal Code, 1860, ss. 494, 495.

[8] The Bhartiya Nyaya Sanhita, 2023, ss. 82(1), 82(2).

[9] AIR 1988 SC 644.

[10] AIR 1965 SC 1364.

[11] AIR 1995 SC 1531.

[12] AIR 2000 SC 1650.

[13] The Hindu Marriage Act, 1955, s. 5(ii).

[14] The Hindu Marriage Act, 1955, s. 12.

[15] AIR 1991 MP 205.

[16] The Hindu Marriage Act, 1955, s. 5(iii).

[17] The Hindu Marriage Act, 1955, s. 18.

[18] AIR 1977 A.P. 43.

[19] The Hindu Marriage Act, 1955, s. (iv).

[20] The Hindu Marriage Act, 1955, s. 11.

[21] AIR 1957 MAD 97.

[22] Supra note at 19.

[23] The Hindu Marriage Act, 1955, s. (v).

[24] The Hindu Marriage Act, 1955, s. 7.

[25] AIR 1982 ALL 248.

[26] Supra note at 10.

[27] The Hindu Marriage Act, 1955, s. 8.

[28] AIR 2006 SC 1158.

[29] Supra note at 20.

[30] Supra note at 14.

[31] The Hindu Marriage Act, 1955, s. 12(1).