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CONDITIONS OF HINDU MARRIAGE

* Marriage - Marriage is a legally and socially sanctioned union between a man and a woman, that is regulated by laws, rules, customs, beliefs and attitudes that prescribe the rights and duties of the partners and accords status to their offspring. 

* Some Definitions of Marriage -

1-According to Raghunandan: A marriage is defined as the acceptance of bride as his wife by the bridegroom in a gift by her parents

2- According To Apasthamba: Marriage was meant for doing good deeds and attainment of moksha. 

3- According To Vedas - Marriage is a union between is masculine and feminine entity with commitments to pursue Dharma (duty) Artha (earning money and other possessions), Kama (physical and other desires) and Moksha (the eternal liberation) in unison. 

Conditions For Hindu Marriage

The conditions of a Hindu marriage can be explained with reference to-

1) Conditions under old Hindu Law

2) Conditions under the Hindu Marriage Act, 1955

Conditions For Marriage Under the Old Hindu Law (Ancient Texts)

The conditions required for a valid marriage under the ancient texts/old Hindu Law are -

1) Identity of Castes - For a valid marriage the parties should belong to the same caste If parties did not belong to the same caste, the marriage was invalid, unless it was sanctioned by custom. 

• Types of Inter Caste Marriage

1-Pratiloma Marriage: Marriage between males of lower caste and females of higher caste. It was prohibited. 

2-Anuloma Marriage: Marriage between males of higher caste and females of lower caste. It was permitted and recognised by texts.

• Parties To Be beyond prohibited Degrees: The partiery to the marriage musst be beyond the prohibited degree of relationships. Marriage between certain relationships is invalid unless such marriage is sanctioned by customs.

• Performance of Marriage Ceremonies : For a valid marriage it is necessary to perform certain ceremonies and rituals.

• The Marriage Ceremonies/Rituals Are

1-The formalities including the recital of the holy texte before the sacred fire

2-The betrothal

3- The Saptapadi gamana (taking seven steps by the bride and bridegroom together around the holy fire) 

4- Performance of the panigrahana

•Beyond Same Gotra (Pravara): The marriage between parties belonging to the same gotra pravara was prohibited and invalid.

•Not Sapinda of Each Other: Sapindas are the persons who have same ancestors, accordingly to Mitakshara  all sapindas cannot inter marry on the father's side up to seventh degree and on mothers' side up to fifth degree) 

2-Conditions for Marriage Under the Hindu Marriage Act, 1955  

Section 05 of the Hindu Marriage Act, 1955 lays down the conditions which must be fulfilled for valid marriage-

Section-05 - A marriage may be solemnized between any two Hindus if the following conditions are fulfilled, namely-

1-Monogamy [Section-05(1)] According to this, neither party has a spouse living at the time of

the marriage. This provision prohibits bigamy. 

• Case: 

Smt Yamunabai Anant Rao Adhar v/s Anant Rao Thiraram Adhar [ATR 1988SC644]

In this case, the Supreme Court held that the marriage becomes null and void where it violates the first condition of Section 05. It becomes void ab initio and ipso facto. 

Related case - Shanta Dev Borma v/ Smt Kanchan Prava Devi [AIR 1991 SC 816]

2-Mental Capacity / Sanity [Section-05(ii)]: It is necessary that parties to marriage are of sound mind and are not suffering from any mental disability so as to be unfit for giving consent. 

            According to Section-05(ii) of the Act, at the time of marriage, neither party-

1- Is incapable of giving a valid consent to it in consequence of unsoundness of mind.

2-Has been suffering from mental disorder of such a kind or extent as to be unfit  for marriage and for the procreation of child. 

3-Neither party has been subject to recurrent attacks of insanity or epilepsy . 

• Case: 

R Lakshmi Narayan v/s Santhi (2001)

In this case, it was held that the onus of bringing a case under this clause lies heavily on the petitioner who seeks annulment of the marriage on the ground of unsoundness of mind or mental disorder. 

3. Age of Marriage [section-05 (ii)] According to this, the minimum age for marriage provided for the bridegroom is 21 years and for the bride is 18 years at the time of marriage.

4- Parties Beyond Prohibited Degree  [Section - 05(iv)]: This clause  prohibits marriage between persons who are within the prohibited degrees of relationship with each other unless the governing custom allows such marriage. 

Case - Smt Shakurtak Devi & Amar Natir [ATR 1982 P&422]

In this case, the Punjab High Court has held that if a marriage could take place between two Hindus of prohibited degrees of relationship by force of customs, its validity cannot be challenged. 

5-Parties Beyond Sapinda Relationship [Section-05(v)]: It prohibits marriage between two persons who are Sapindas of each other unless the custom or usage, governing each of them permits of a marriage between them. 

[ Sapinda relationship with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother and fifth generation through father. ]

*A Hindu marriage in contravention of this rule is null and void under Section -11 of the Act

        MARRIAGE CEREMONIES [Section-07]

• Hindu marriages are solemnized according to the customary rites and ceremonies of either party thereto. 

•One of the rites include the Saptapadi that is taking of seven steps by the bridegroom and bride jointly before the sacred fire. The marriage becomes binding and completed after the seventh step is taken 

• Case: Bhaurao v/s State of Maharashtra State of [AIR 1965 SC 1564]

In this case, the Supreme Court held that unless a marriage is celebrated or, performed with proper ceremonies and in due form, it cannot be said to have been solemnised. 

   * REGISTRATION OF MARRIAGE[Section-08]

    Section 08 of the Act provides that for the purpose, facilitating the proof of Hindu marriage the State Government may make rules for registration of marriage between two Hindus. 

• Case - Smt Seema v/s Ashwani Kumar [AIR 2006 &C 1158]

 In this case, the Supreme Court ordered compulsory registration of marriage irrespective of religion. It directed the Centre and Union Territories to amend the rules to this effect within three weeks of the Judgement. 

* The validity of a Hindu Marriage is not affected by the omission to make the entry in the Marriage register. 

* However, violating the conditions of registration of marriage would lead individual to pay the fine of 25 rupees.