Essential conditions for a marriage

    Edited by: Vaani Garg

    For a valid Hindu marriage, certain conditions have to be fulfilled;

    Section 5 provides- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely-

    (1) Neither party has a spouse living at the time of the marriage.

    (2)At the time of marriage, neither party:

    (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or (b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children; or (c)has been subject to recurrent attacks of insanity.

    (3)The bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.

    (4) The parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits a marriage between the two, and

    (5) The parties are not sapindas of each other,unless the custom or usage governing each or them permits the marriage between the two.

    Conditions mentioned above may explained in the following heads-

    1.Monogamy- Section 5 clause (i) includes thy rule of monogamy and prohibits polygamy and polyandry. Monogamy is a custom of being married to only one person at a particular time.

    2.Sanity or mental capacity- Section 5 (ii) clause provides about the mental capacity of both the parties.Both the parties must not suffer from mental capacity at the time of marriage.

    3.Age of parties to marriage- The legal marriageable age for the groom is 21 years and for the bride, it is 18 years .

    According to Marriage Laws(Amendment) Act, 1976 where the marriage of a girl, (whether consummated or not) the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years, the girl can obtain a decree for dissolution of marriage. This is an additional ground made available to a wife under section 13(2)(iv) of the Act.

    4.Beyond prohibited Degrees- Section 5 of (iv) prohibits marriage between the persons who are within the prohibited degrees of relationship with each other.

    5.Beyond Sapinda relationship- Section 5(v) prohibits marriage between persons who are Sapindas of each other. Sapinda means one belongs to same pinda (caste) and marriage between them is prohibited.