On the contravention of which of the provisions of section 5 of the Hindu Marriage Act, is a Hindu Marriage treated as void, voidable and valid?

Question: On the contravention of which of the provisions of section 5 of the Hindu Marriage Act, is a Hindu Marriage treated as void, voidable and valid? [BJS 2023]

Find the answer to Hindu Law only on Legal Bites. [On the contravention of which of the provisions of section 5 of the Hindu Marriage Act, is a Hindu Marriage treated as void, voidable and valid?]

Answer

The Hindu Marriage Act, 1955, specifies the conditions under which a Hindu marriage is considered valid, void, or voidable. This Act applies to Hindus, Sikhs, Jains, Buddhists, and others who don’t fall within the ambit of Muslims, Christians, Parsis, and Jews. The Act covers various aspects of a ‘Hindu Marriage,’ including the conditions, ceremonies, registration, judicial separation, and divorce.

Valid Marriages

Section 5 of the Hindu Marriage Act outlines the conditions required for a valid marriage:

Section 5(i): Neither party should have a living spouse at the time of marriage. Bigamy is strictly prohibited, and a marriage in contravention of this clause is void.

Section 5(ii): Both parties should be of sound mind, capable of giving valid consent, and not suffering from any mental disorder making them unfit for procreation. A marriage in violation of this clause is voidable at the option of the aggrieved party.

Section 5(iii): The parties must be of marriageable age, with the man being above 21 years and the woman above 18 years. While a marriage in violation of this clause is punishable, the Act does not specify whether such a marriage is void or voidable.

Section 5(iv): The parties should not fall within degrees of prohibited relationships unless a custom permits it. A marriage in contravention of this principle is void.

Section 5(v): Parties should not be within the prohibited sapinda relationships, which refer to certain lineage restrictions. A marriage within such relationships is void unless a custom permits it.

Void Marriages

Section 11 of the Hindu Marriage Act addresses void marriages. A void marriage is considered non-existent from the beginning. The conditions for a marriage to be declared void are:

Section 5(i): If either party remarries during the existence of a previous marriage, the subsequent marriage is void.

Section 5(iv): If the parties are within prohibited relationships, the marriage is void unless a custom permits it.

Section 5(v): If the parties fall within the same lineage, the marriage is void unless a custom permits it.

Voidable Marriages

Section 12 of the Hindu Marriage Act deals with voidable marriages. A voidable marriage is valid until annulled by a decree. The conditions making a marriage voidable include:

Section 5(ii): If either party is incapable of giving valid consent due to unsoundness of mind, or is incapable of procreation due to mental disorder, the marriage is voidable at the option of the aggrieved party.

Additionally, a marriage can be declared voidable if the wife was pregnant by another man at the time of marriage, or if consent was obtained by fraud or force. A voidable marriage remains valid until annulled by a court.

Conclusion

Section 5 of the Hindu Marriage Act lays out essential conditions for a valid marriage. Violation of these conditions can render a marriage void or voidable, impacting the legal status and recognition of the marriage under the Act.