Introduction, Scope, and Conditions for a Valid Hindu Marriage

1. Introduction and Applicability

The Hindu Marriage Act, 1955 (hereinafter referred to as the Act), was enacted to codify and reform the law relating to marriage among Hindus. It came into force on 18th May 1955 and extends to India, except the State of Jammu and Kashmir (before its reorganisation).
The Act applies to:

• Any person who is a Hindu by religion;

• A Buddhist, Jain, or Sikh by religion;

• Any other person domiciled in India who is not a Muslim, Christian, Parsi, or Jew, unless proven otherwise.

Section 2 of the Act defines the scope of its applicability. The Act establishes uniformity, legality, and sanctity in Hindu matrimonial relations, recognising marriage as a sacrament (sanskara) rather than a mere contract.

2. Nature of Hindu Marriage

Historically, Hindu marriage was regarded as an indissoluble sacrament. However, post-enactment of this Act, it has acquired elements of both a sacrament and a civil contract, balancing religious tradition with individual rights.

3. Essential Conditions for a Valid Hindu Marriage

Under Section 5, a Hindu marriage is valid only if the following conditions are fulfilled:

1. Monogamy – Neither party should have a living spouse at the time of marriage.

2. Soundness of Mind – Both parties must be capable of giving valid consent.

3. Age Requirement – The bridegroom must have completed 21 years, and the bride 18 years.

4. Prohibited Relationship – The parties should not be within the degrees of prohibited relationship unless allowed by custom.

5. Sapinda Relationship – They should not be sapindas of each other, except where custom permits.

Violation of these conditions may render the marriage void or voidable under Sections 11 and 12.

4. Ceremonies of Marriage (Section 7)

A Hindu marriage is solemnised according to the customary rites and ceremonies of either party. The performance of saptapadi (seven steps before the sacred fire) is the most recognised rite — the marriage becomes complete upon the seventh step.

Review Questions 

1. What are the essential conditions for a valid Hindu marriage under Section 5?

2. How does the Act balance the traditional and contractual nature of Hindu marriage?

3. What is the legal significance of the saptapadi ceremony?

4. Distinguish between void and voidable marriages under the Act.

5. What is the applicability of Section 2 in defining a Hindu under this Act?