Hindu Law 2022 Marriage
MARRIAGE
• Marriage in Hinduism is one of the 16 sacraments
(Sanskaar).
• It is an Indissoluble bond which goes on in each birth.
• No concept of Divorce before 19th Century.
• Primary Legislation for Hindu Marriage – Hindu
Marriage Act.
8 types of Hindu Marriages
4 approved
Brahma – When boy has completed his student hood
(brahmcharya) he is married with the girl on basis of his knowledge
of Vedas.
Daiva – Daughter given in lieu of Dakshina if she gets over the age
of marriage and doesn’t get husband.
Arsha – The Groom(sage) presents a bull or a cow to girl’s father
because the Groom doesn’t have special qualities (This is not
considered a noble marriage because noble marriages don’t have
monetary transactions involved).
Prajapatya – The Father of Bride goes looking for a groom and
not the other way round.
4 unapproved
Gandharva – love marriage, without consent of parents.
Asura – Groom is not at all compatible with bride but the father of
the bride likes wealth and the Groom is happy to give him that.
Rakshsa – Groom will battle the bride’s family, take away the bride
and convince her to marry.
Paischacha- Worst kind of marriage, the groom will forcefully
marry the bride and won’t even give money or anything for it.
YG LAW 1
Hindu Law 2022 Marriage
Conditions for a Hindu Marriage (Section 5)
A marriage may be solemnized between any two Hindus, if the following
conditions are fulfilled:
I. Neither party has a living spouse at the moment of marriage
II. At the time of marriage, neither party –
a) Is giving consent because of unsoundness of mind
b) Suffering from mental disorder of such a kind or to an extent
where he/she is unfit for marriage and the procreation of
children
c) Is subject to recurrent attacks of insanity
III. Bridegroom is 21 years, bride is 18 years
IV. Parties are not within degrees of prohibited relationship unless the
custom or usage governing each of them permits for such a marriage
V. Parties are not sapindas of each other, unless custom or usage
permits.
Sapinda (Section 3 (f))
“Sapinda relationship” with reference to any person extends as far as the third
generation (inclusive) in the line of assent through the mother, and the fifth
(inclusive) in the line of assent through the father, the line being traced
upward in each case from the person concerned, who is to be counted as the
first generation.
Two persons are said to be “sapindas” of each other if one is a lineal ascendant
of the other within the limits of sapinda relationship, or if they have a common
lineal ascendant who is within the limits of sapinda relationship with reference
to each of them.
Rules for Sapinda
o The Person concerned would be counted as 1st Gen.
o Always goes upwards
o Mother – 3rd generation
o Father – 5th generation
o Full/half/uterine relationship
o Legitimate/illegitimate relationship
o Blood/adoption relationship
YG LAW 2
Hindu Law 2022 Marriage
Degrees of prohibited relationship (Section 3 (g))
Two persons are said to be within the degrees of prohibited relationship-
i. If one is a lineal descendant of the other; or
ii. If one was the wife or husband of a lineal ascendant or descendant of
the other; or
iii. If one was the wife of the brother or of the fathers or mothers
brother or of the grandfathers or grandmothers brother of the other;
or
iv. If the two are brother and sister, uncle and niece aunt and nephew,
or children of brother and sister or of two brothers or of two sisters;
Rules for Prohibited relationship
o Full/half/uterine relationship
o Legitimate/illegitimate relationship
o Blood/adoption relationship
Void and Voidable Marriage - A Void marriage is no marriage at all,
court considers a void marriage as if the marriage never existed in the first place.
Void ab initio i.e. void from inception. A Voidable marriage is binding and valid until
the decree from court is passed for annulling it.
We learned that there are 5 conditions of marriage under section 5.
YG LAW 3
Hindu Law 2022 Marriage
• If the condition number I, IV or V are not fulfilled then it is a void marriage.
• If the condition number II and III are violated then it is a Voidable marriage.
Also Voidable under Section 12, if the marriage is not been consummated
owing to impotence of the respondent, the respondent is pregnant at the time
of marriage by some other person other than petitioner or if the consent is
obtained by fraud or force.
We can see that in Hindu marriage Act, 1955 in Sec.5 (iii) the minimum age
limit for marriage is given, but we can also see that if the bride or groom are
not of the minimum age the marriage is ‘Voidable’ and not ‘void’. This is not
the case in Special marriage Act,1954 where it is considered a void marriage.
This child marriage is still punishable under Section 18 of Hindu marriage act
and also under Prohibition of Child Marriage Act, 2006.
P. Venkataramana v. State (1977)
A woman filled complaint against his husband under section. 494
(bigamy)
Husband defended himself with the fact that his first marriage was void.
As he was 13 years old and his wife was only 9 years old at the time of
marriage.
Court said NO, the marriage was only voidable and not void so the 2nd
marriage would constitute an offence under Section 494 IPC.
YG LAW 4
Hindu Law 2022 Marriage
Sec. 7 - Ceremonies for a Hindu Marriage.
1. A Hindu marriage may be solemnized in accordance with the customary
rites and ceremonies of either party thereto.
2. Where such rites and ceremonies include the Saptapadi (that is the taking
of seven steps by the bridegroom and the bride jointly before the fire), the
marriage becomes complete and binding when the seventh step is taken.
3. Saptapadi as well as Kanyadan is not a mandatory ceremony to make a
Hindu Marriage valid.
4. If some ceremonies took place which usually take place in a marriage, it is
immaterial whether certain specific ceremonies like saptapadi or kanyadan
took place or not.
Sec. 8 - Registration of Hindu Marriages.
• State Government makes rules regarding registration of Marriage
• Non Registration does not make a marriage Invalid or void.
• Registration acts as an extra proof of marriage
Registration of a Hindu Marriage is not compulsory
Gullipilli Sowria Raj V. Bhandaru Pavani (2009)
Christian man and Hindu women.
Marriage is not valid even after registration, under HMA only two
Hindus can get married. Registration under HMA does not make a
marriage between a Hindu and non-Hindu valid. Special Marriage act
is for that purpose.
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