Section 5 of the Hindu Marriage Act, 1955 lays down the essential conditions for a valid Hindu marriage. The legal status of a marriage—whether it is valid, void, or voidable—depends on the contravention of specific clauses of this section.
Section 5 – Conditions for a Hindu Marriage:
A marriage may be solemnized between any two Hindus if the following conditions are fulfilled:
- Neither party has a spouse living at the time of the marriage.
- Neither party is incapable of giving valid consent due to unsoundness of mind, or suffering from mental disorder, or is unfit for marriage and procreation of children.
- The bridegroom has completed 21 years and the bride 18 years of age.
- The parties are not within the degrees of prohibited relationship, unless custom permits.
- The parties are not sapindas of each other, unless custom permits.
Classification of Marriages Based on Contravention:
1. Void Marriages – Section 11
A Hindu marriage is void ab initio if it contravenes any of the following conditions of Section 5:
- Section 5(i): Bigamy – If either party has a living spouse at the time of marriage.
- Section 5(iv): Prohibited relationship, unless permitted by custom.
- Section 5(v): Sapinda relationship, unless permitted by custom.
Such marriages have no legal validity and can be declared void by a decree of nullity.
Case Law:
Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) – A second marriage during the lifetime of a legally wedded spouse is void under Section 11.
2. Voidable Marriages – Section 12
A Hindu marriage is voidable at the option of one of the parties if it contravenes:
- Section 5(ii): Mental capacity – If either party was:
- Incapable of giving valid consent due to unsoundness of mind,
- Suffering from mental disorder making them unfit for marriage,
- Subject to recurrent attacks of insanity.
- Section 5(iii): Age of parties – Marriage of minors is not void, but voidable at the option of the minor party, provided action is taken within two years of attaining majority.
- Other grounds under Section 12, such as fraud, coercion, or concealment of material facts.
Case Law:
Anurag Anand v. Sunita Anand (1997) – A marriage solemnized with a person of unsound mind was declared voidable.
3. Valid Marriages (Despite Contravention)
In some cases, a marriage may still be treated as valid, despite contravention, if:
- The marriage violates Section 5(iii) (age condition) but both parties later cohabit voluntarily after attaining majority.
- The contravention does not involve Sections 5(i), (iv), or (v).
- The marriage is not challenged in a court of law, and both parties live as husband and wife.
Note:
Violation of age condition under Section 5(iii) is punishable under Section 18 of the Act, but the marriage is not void.
Conclusion:
The classification of Hindu marriages under the Hindu Marriage Act, 1955, depends on which clause of Section 5 is contravened:
| Provision of Section 5 | Legal Status if Contravened |
|---|---|
| Clause (i), (iv), (v) | Void under Section 11 |
| Clause (ii), (iii) | Voidable under Section 12 |
| Clause (iii) (only age) | Valid but punishable (under Section 18) |
The intent of the legislature is to uphold the sanctity of marriage while protecting the rights of individuals, especially in cases of coercion, unsoundness of mind, or exploitation of minors.