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Monday, 26 February 2018

Conditions of valid marriage under Hindu Marriage Act 1955

Under Hindu marriage Act 1955, the identity of caste or sub-caste is not necessary for a marriage.
Hindu marriage Act 1955 had provided five essential conditions of valid marriage Under this Act
inter-caste marriage is valid and legal.The Hindu marriage act,1955 received the assent of the president on the 18th may,1955,and from that date it became a law. Conditions of valid marriage
under Hindu Marriage Act 1955 are discussed below.


Conditions of valid marriage under Hindu Marriage Act 1955


1. Monogamy [section 5(i)]
This clause provides the rule of monogamy and prohibits polygamy and polyandry.The first condition provides that ''neither party has a spouse living at the time of marriage''.

2. Soundness of Mind [section 5(ii)]
Under this condition,it is necessary that the parties to marriage are of sound mind and are not suffering from any mental disability.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 unit for marriage and the procreation of children ; or
(c) has been subject to recurrent attacks of insanity or epilepsy.

3. Age of marriage [section 5(iii)]
The third condition of valid marriage under Hindu marriage act  is that,the minimum age for marriage is fixed.The bridegroom has completed the age of 21 years and the bride age of 18 at the time of marriage.

4. Beyond prohibited Degree [section 5(iv]
Another qualification for valid marriage under  This clause prohibits marriage between persons who are within the prohibited degrees of relationship with each others.According to section 3 ( g) ''two persons are said to be within
the degree of prohibited relationship with each others.
(i) if one is lineal ascendent to others ; or
(ii) if one was the wife or husband of a lineal ascendent or descendant of the other; or
(iii) if one was the wife of the brother or of the father's or mothers's brothers or of the grandfather's or grandmothers's 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 sisters.

5. Beyond sapinda Relationship[section (v)]
The fifth condition is that ''the parties are not sapindas of each others,section 5(v)prohibits marriage between persons who are sapindas of each other. The word'sapinda' etymologically means, one of the'same pinda'.

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