Section 5 Of The Hindu Marriage Act – Validity Of Marriage

1. Section 5 Of The Hindu Marriage Act – Validity Of Marriage The law that governed Hindu marriages and was formed in 1955 is the Hindu Marriage Act. This law was modified on 18thMay 1955 and soon became applicable for the Hindus, Christians, Sikhs, Jains, and Buddhists. In addition, by Section 2 (1) (c) of this Act, anyone who does not belong to any religion mentioned above can get married by following this Act. If you have to get married under the Hindu Marriage Act, you have to comply with the rules mentioned in Section 5 of this Act. Under this Act, one can conduct the court marriage process in Delhi. To understand the validity of the marriage when conducted under the Hindu Marriage Act, one has to have a deep knowledge of Section 5 of this Act. Section 5 of the Hindu Marriage Act Section 5 of the Hindu Marriage Act of 1955 is discussed in the second chapter. In this chapter, the conditions under which one can marry are listed. If you go through the provisions of the Hindu Marriage Act, you will come across five conditions that one has to follow to solemnize one’s marriage. Before you get hold of the court marriage lawyer in Delhi, it has to be noted that the provisions mentioned in the Hindu Marriage Act are discretionary and not mandatory by nature. However, this also must be noted that if you do not abide by the provisions mentioned in the second chapter of the Hindu marriage act, the marriage will not be considered valid. Further, if clauses (iii), (iv), and (v) of section 5 of the Act is contravened, the individuals involved in the marriage can get punished. Why do the provisions exist? Before getting into the reasons behind the provisions of the Hindu Marriage Act, it is essential to state all the five provisions of the marriage first. The five provisions discussed in the Hindu Marriage Act of 1955 are stated below: 1. Both the parties involved in the marriage should not have any spouses alive during the time of his marriage According to Section 5 of the Hindu Marriage Act, no partner can have more than one spouse during the marriage. Therefore, even if a partner is divorced, they will have to make sure that all the formalities of the divorce have been resolved before he gets married the second time. The motive behind such a condition is to stop the evil practices of bigamy or polygamy prevalent in India previously. 2. The partners involved in the marriage should be of a sound mind or should not have mental disorders that can restrict them to provide valid consent This is another provision that should not be contravened under any condition. The grounds of this provision states that – either of the parties suffers from the same insanity, either of the

2. parties, although capable of providing consent, is not of a sound mind, and either of the parties has an unsound mind and cannot give valid consent. 3. Both the bride and the groom should have passed the legal marriageable age According to Section 5 of the Hindu marriage act, to solemnize a marriage in Indian society, the bride has to be 18 years of age, while the groom has to be 21 years. The motive behind this provision of the Hindu marriage act is to prevent child marriage practices deep-rooted in society once upon a time. 4. Degree of prohibited relationship not abided by the Act The fourth provision of the Hindu marriage act aims to ensure that Hindu marriage should not occur between two connected people through family relationships. 5. Role of consent under the Hindu marriage act To understand the concept of consent in a Hindu marriage, first, one has to comprehend whether the marriage is a contract or a sacrament. If the marriage is a sacrament, then the consent between both parties barely matters. But, on the other hand, if the marriage is considered a contract, then consent is considered a prerequisite of marriage. Conclusion Now that you are aware of all the five provisions of Hindu marriage, it will be easier for you to find a reliable lawyer for court marriage.