Section 5 of Hindu Marriage Act – Conditions for a Hindu Marriage Explained

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Section 5 of Hindu Marriage Act 1955 : Conditions for a Hindu Marriage explained in this article. If you are searching the Conditions for a Hindu Marriage in India, you are at right place. In this article, we’ve explained the Conditions for a Hindu Marriage as per Section 5 of Hindu Marriage Act 1955. You can also check our previous articles about the Hindu marriage Act 1955.

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About Section 5 of Hindu Marriage Act, 1955

  • Act Citation – Act No. 25 of 1955
  • Enacted by Parliament of India
  • Date & Year of Act enacted – 18 May 1955
  • Date & Year of Act commenced – 18 May 1955
  • Section Title – Conditions for a Hindu Marriage

Five Conditions for a Valid Marriage

Section 5 of the Hindu Marriage Act 1955, lays down 5 conditions for a valid marriage. They are :

  1. Monogamy (Sec 5 Clause (1))
  2. Mental Capacity (Sec 5 Clause (2))
  3. Age to the parties (Sec 5 Clause (3))
  4. Degrees of Prohibited relationship (Sec 5 Clause (4))
  5. Sapinda Relationship (Sec 5 Clause (5))

Conditions for a Hindu Marriage : The Hindu Marriage Act 1955 – Section 5

As per Section 5 of the Hindu Marriage Act 1955, Condition for a Hindu Marriage.-

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

  1. Monogamy (Sec 5 Clause (1)) : neither party has a spouse(Husband/Wife) living at the time of the marriage;
  2. Mental Capacity (Sec 5 Clause (2)) : at the time of the wedding, neither party,-
    1. is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
    2. 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 wedding and the procreation of children; or
    3. has been subject to recurrent attacks of insanity or epilepsy;
  3. Age to the parties (Sec 5 Clause (3)) : the bridegroom has completed the age of 21 years and the bride the age of eighteen (18) years at the time of the marriage;
  4. Degrees of Prohibited relationship (Sec 5 Clause (4)) : the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two (husband & wife);
  5. Sapinda Relationship (Sec 5 Clause (5)) : the parties are not sapindas* of each other, unless the custom or usage governing each of them permits of a marriage between the (husband & wife);
  6. (Omitted)

According to Wikipedia, Sapinda is a term used in context of cousin marriages in Hinduism. The subject is to be counted as 1st generation, and the common ancestor defining sapinda limit is to be within sapinda limit.

Section 18 : Punishment for contravention of certain other conditions for a Hindu marriage

Every person who procures a wedding of himself or herself or to be solemnized under this Act in contravention of the conditions mentioned in clauses (iii), (iv), and (v) of Section 5 shall be punishable-

(a) in the case of a contravention of the condition mentioned in clause (iii) of Sec. 5, with simple imprisonment which may extend to 15 days, or with fine which may extend to 1000 /- rupees, or with both;

(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of Section 5, with simple imprisonment which may extend to one month (30 days), or with fine which may extend to 1000/- rupees, or with both;

(c) Clause (c) omitted by Act 2 of 1978.

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