Section 5 ,7 and 8 of Hindu marriage act ,1955 by Pratigya Darpe

 

Section 5 of Hindu Marriage Act , 1955
condition for Hindu Marriage
Section 5 – condition for a hindu marriage , a marriage may be solemized between any two Hindus if the following conditions are fulfilled :-
1. Neither party has a living spouse at the moment of marriage .
2. At the time of marriage , neither party :-
A) Is giving consent because of unsoundness of mind.
B) Suffering from mental disorder of such a kind or to an extent where he / she is unfit for marriage and the procreation of children.
C) Is subject to recurrent attacks of insanity.
3. Bridegroom is 21 years , bride is 18 years.
4. Parties are not within the degrees of prohibited relationship unless the custom or usages governing each of them permits for such a marriage.
5. Parties are not sapindas of each other , unless custom or usage permits.

Ceremonies for a Hindu Marriage
Section 7 of Hindu marriage act , 1955

1. Hindu Marriage may be solemnized in accordance with the customary rites and ceremonies of other party there to.
2. Where such rites and ceremony include the saptapadi ( that is the taking of seven steps by the bridegroom and the bride jointly before the fire ) , the marriage becomes complete and binding when the seventh step is taken.

Saptapadi as well as Kanyadaan is not a mandatory ceremony to make a Hindu Marriage valid.

If some ceremonies took place which usually take place in a marriage , it is immaterial whether certain specific ceremonies like Saptapadi or Kanyadan took place or not.

Section -8 registration of Hindu marriage
• State government make rules regarding registration of marriage.
• Non registration does not make a marriage invalid or void .
• Registration acts as an extra proof of marriage.

Case law – Gullipilli sowaria v. Bhandaru pavani (20009)
• Christian man and Hindu women.
• Marriage is not valid even after registration , under Hindu Marriage Act 1955 only two Hindus can get married , registration under Hindu Marriage Act does not make a marriage between a Hindu and non Hindu valid.
• This particular marriage can be registered under special Marriage Act.

 

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