Section 5 (HMA 1955) – Conditions for a Valid Marriage

HINDU MARRIAGE ACT, 1955

Section 5 – Conditions for a Valid Marriage

🔹 Short Note (Hindi)

Agar koi Hindu marriage karna chahta hai, to uske liye kuch legal conditions hoti hain jinko follow karna zaruri hai. Agar ye conditions puri nahi hoti, to shaadi invalid (void) ya voidable ho sakti hai.

🔹Detailed Explanation (English + Hindi)

According to Section 5 of the Hindu Marriage Act, 1955, for a Hindu marriage to be considered legally valid, certain essential conditions must be fulfilled by both the bride and the groom.

The main conditions are:

1. Neither party has a living spouse
   – Means, agar kisi ka pehle se husband/wife zinda hai aur wo fir se shaadi karta hai, to wo illegal bigamy hoga (void marriage).
2. Sound mind condition
   – Dono bride aur groom mentally stable hone chahiye. Agar koi mental disorder se suffer karta hai jisse wo valid consent nahi de sakta, to marriage valid nahi hogi.
3. Minimum age
   – Groom ki age at least 21 years aur bride ki 18 years honi chahiye at the time of marriage.
4. Not within prohibited degrees of relationship
   – Agar dono ek dusre ke close blood relation me hain (like brother-sister, uncle-niece etc.), to marriage void hogi — unless custom allow karta ho.
5. Not sapinda relationship
   – Sapinda relation ka matlab hota hai dono ka ancestor (paternal ya maternal side se) same ho within certain generations. Agar aisa hai, to marriage allowed nahi hai unless custom permit karta ho.

🔹Important Points

• In case any of the above conditions are violated, marriage may become void (invalid from the start) or voidable (can be cancelled by one party).
• The Act applies only to Hindus, Buddhists, Jains, and Sikhs.
• Registration of marriage ensures legal proof but does not itself validate an invalid marriage.

🔹Landmark Case

Yamunabai Anantrao Adhav vs Anantrao Shivram Adhav (1988):
The Supreme Court held that a second marriage during the lifetime of the first spouse is void under Section 11, read with Section 5(i).

🔹Example (Simple Understanding)

Suppose Ravi is already married to Kiran (his first wife). Without divorcing her, he marries Pooja.
🔹 This second marriage is void under Section 5(i) – because Ravi’s first spouse is still alive.

🔹Nyay Neeti Advice

Before marriage, make sure:

• Both partners are legally single.
• Age and mental health criteria are fulfilled.
• No close blood relation or prohibited relationship exists.
  🔹 It helps prevent future legal disputes and ensures your marriage is fully recognized by Indian law.

🔹Summary Table