Condition for marriage under Hindu marriage act, 1955 section (5)
The Hindu marriage between Hindu and non-Hindu marriage is void under the Hindu marriage act 1955 section (11). Ancient texts on Hindu law prohibited law pratiloma marriage i.e. marriage between lower cast of male and upper cast of female. But they permitted anuloma marriage between upper cast of male and lower cast of female. Under the Hindu marriage act inter cast marriage is valid and illegal, wither it is anoloma marriage or pratiloma marriages, but act no.2 of 1978 has omitted the sixth condition relation g to guardiationship In marriage and now there are only five condition as prerequisites for a valid Hindu marriage.
Case
Valsamma Paul v/s Cochin University AIR 1996 SC 1011
The Supreme Court has held that as regards the validity of Hindu marriage under the act recognition of their marriage by community or by parents of the spouse is not any pre-requisite. If the condition laid down in section 5 of Hindu marriage act is fulfilled, the marriage is valid. Essential conditions of valid marriage may describe under the following heads:
1. Monogamy
Hindu could marry any number of wives, even if he had a wife or wives living, although this practice was always looked with disfavor. The condition laid down in this clause for a valid marriage is one of those conditions, contravention of which would make the marriage void under section 11 of this act.
2. Soundness of mind
It is necessary that the parties to marriage are of sound mind and are not suffering from any mental disturb.
(a) is incapable of giving a valid consent to it in consequence of unsounds of mind
(b) through 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 the procreation of children.
(c) Has been subject to recurrent attacks of insanity or epilepsy.
3. Age of marriage
The bridegroom has completed the age of 21years and the bride the age of eighteen years at the time of the marriage.
- According to section 3(g) two person are said to be within the degree of prohibited relationship:-
- If one is a lineal ascendant of the other
- If one was the wife or husband of a lira ascendant or descendant of the other
- If own was the wife of the brother or of the father or mothers brother or of the grandfathers and grandmothers brother of the other.
- If the two brother and sister uncle and mere, aunt and nephew or children of brother and sister or two brother and sisters.
5. Beyond “sarindas” relationship
The parties are not permits of a marriage between the two.