Conditions for a valid hindu marriage
The concept of hindu law is deeply rooted in hindu philosophy and hindu religion.
Hindu law is credited to be the most ancient law system which is approximately 6000 years
old. In hindu philosophy, the institution of marriage is considered as a sacramental union.
The wife is not merely a grihapatni but also dharmapatni and sadhaharmini. It is one of the
essential samskaras (sacraments) for every hindu.
According to Rigveda,
“ Be thou mother of heroic children, devoted to the gods , be thou queen in the father in
law’s household. May all gods unite the hearts of us two into one.”
According to Satpatha Brahmana, “the wife is verily the half of the husband”. Man is only
half, not complete until he marries.
In order to provide legal rights and to protect hindu bride and groom, The Hindu Marriage Act, 1955 was passed by Indian Parliament on May 18, 1955 which lays down provisions regarding marriage, divorce, matrimonial causes, separation , matrimonial reliefs etc.
Who is Hindu?
- Any child either legitimate or illegitimate , both of whose parents are Hindu, Buddhist, Jain or Sikh.
- Any child , legitimate or illegitimate, one of whose parents is Hindu, Buddhist, Jain or Sikh by religion and who is brought up as a member of that community.
- Any person who is convert or reconvert to Hindu, Buddhist, Jain or Sikh.
Who are Hindus by religion?
Two types of persons fall under this category:
- Those who are originally hindu, jains , Sikhs or Buddhists by religion And
- Those who are converts or reconverts to hindu, jain, sikh or Buddhists religion.
What are essential conditions for a valid Hindu marriage?
Sec 5 of The Hindu Marriage Act, 1955 provides conditions essential for a
valid marriage. These are:
- Neither party has a spouse living at the time of marriage.
- At the time of marriage, neither party –
- Is incapable of giving a valid consent in consequence of unsoundness of mind;
- Though capable of giving a valid consent, suffering from mental disorder to such an extent as unfit for marriage and procreation of children;
- Subject to recurrent attacks of insanity;
- Bridegroom has completed age of 21 years and the bride age of 18 years at the time of marriage;
- Parties are not within the degrees of prohibited relationship unless custom or usage governing them permits;
- Parties are not sapindas of each other unless custom or usage governing them permits.
On whom these conditions apply?
- Any person who is a hindu by religion including virashaiva, a Lingayat or follower of Brahmo, Prarthna or Arya Samaj;
- Any person who is Buddhist, Jain, Sikh by religion;
- Who is not a Muslim, Christian, Parsi or Jew by religion.
Constitution of India is the supreme law of land and is considered as Grund norm , within
four
walls
of which all other laws in the country are made.
Role of LAW in society :
- to achieve justice,
- ensuring social order ,
- to keep check on process of administration,
- to maintain equilibrium between the freedom of individuals on one hand and social welfare on the other.
Conclusion
In present era, Hindu marriage has not remained a sacramental marriage and has also not
become a contract, though it is semblance of both. It has semblance eof contract as consent
is of some importance; it has semblance of a sacrament as in most marriages a sacramental
ceremony is still necessary.
