Sunday, 30 January 2022

condition under Hindu marriage

 Conditions of Hindu marriage

A Hindu marriage to be valid under the Hindu marriage act 1955 has to be full fill certain conditions, that are specified under Hindu marriage act 1955: The conditions are as follows: 

1) monogamy sec 5(1). Before the enactment of Hindu marriage act in 1955, a Hindu could marry no. of wives he wishes for although these practices were look down up on. This clause specifically states that for A marriage to be valid under Hindu law neither party to be having a spouse will at the times of marriage in order to hold a person guilt for a bigamy, it has to be proved the spruces is still living and such marriages were penalised following all the ceremonies and rituals. However, if there was a lack of proper ceremony and ritual in the formal marriage, then in that case he cannot be punished by bigamy. A second marriage in the lifetime of spouse shall be rendered void even though such marriage was done outside India

In case: Sri. Mati Santosh Kumari vs Surjit Singh in this Himachal Pradesh High court  held that an order  given by the trial court  allowing the husband to marry for the second time, with the permission of the first wife  is a  of the  provision of law and it cannot be allowed.

Sanity. (sec. 5)

In Sanity clause 2 of the sec. 5 specifies that for a marriage both the parties at the time of marriage should not be suffering from unsoundness of mind that will not be capable of giving a valid consent or has been suffering from mental disorder of such a kind and to an such an extend that they are unfit for the marriage and the precreation of the children. For filing the suit on the clause completely depends on the petitioner whether he seek a cancelation of the marriage on this ground. At the time of the marriage, it very important for both the parties to be of sound mind.

Age of parties to the marriage 

Originally under the Hindu marriage the age for the boy is 18yr, and that of the girl is 15yr. however, the child marriage restrain act 1978 raised the age 21 for the boy and the girl. A child marriage is punishment with a rigorous imprisonment for 2yrs. And five up to 1,00,000 a first-class judicial magistrate can issue a judgement to prevent the child marriage from being solemnised. 

Sapinda relationship 

It occurs when two persons are sapinda's of other, when they are from the same or common ancestors, it includes 3 generation from mother side and 5 generation from fathers side in which the concerned person should be counted as the first generation such a marriage shall be null and void and the people entering into such marriage shall be imprisonment

 Of 1 month or Rs. 1000fine or more/both. However, such a marriage will be valid if the custom permits so (half-blood relationship).

Prohibited degree of relationship 

Two people are said to be within the prohibited relationship if one of them is lineal assented of the other or if one was the wife of brother (Bhabhi) or wife of the father brother or wife of mother's brother or of grandfather or grandmother brother.  It also includes the relationship or the brother and sister uncle and niece, aunt and nephew or children of brother and sister.

It includes relationship by half relationship by half uterine blood and illegitimate relationship and relationship by adoption. Any marriage between such prohibited degree would make the marriage void under section 11 of the act. And any person entering into such marriage shall be punished with 1month imprisonment and Rs. 1000 fine. However, if the custom permit so.

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