HINDU LAW

Marriage under Hindu law

INTRODUCTION
 Marriage is the ‘nucleus' of the family. It is a
process, by which the physical union of a man and
woman is legalized and thereby regulates the social
life.
 Hindu Marriage

 Marriage is viewed by Hindus as a permanent

relationship intended for the execution of spiritual
and religious responsibilities, hence particular
rituals and ceremonies must be performed.
 It is an ancient tradition which is prevailing from
the Vedic periods to the modern world with
different modifications that have occurred until
now.
• Sensual pleasure is one of the aims of marriage
Sukham
but it is the least desirable aim of marriage, as it
is for the fulfilment of biological needs.
Rati
• The second aim of Hindu marriage is the
procreation of children, particularly a male child.
Sampatti
• It is believed that putra or son saves the father
from going to hell. Therefore the Hindus considers
Praja
procreation a religious duty.
• The main aim of the marriage is ‘Dharma’ - means
it’s the fulfillment of a person’s dharma or
Sampatti
religious duties.
• Furthermore, honoring guest is a Dharma deed
Dharma
that requires the presence of a wife.
three objectives namely:
According to Mitakshara Law, marriage has 
OBJECTIVES OF HINDU MARRIAGE
 NATURE OF MARRIAGE UNDER
ANCIENT HINDU LAW
 Sacramental Nature
 Hindu marriage is “a religious sacrament in which a man and
a woman are bound in a permanent relationship for the
physical, social and spiritual need of dharma, procreation
and sexual pleasure.”
 The sacramental nature of marriage has three characteristics:
1. It is a permanent union i.e. once tied cannot be untied.
2. It is an eternal union i.e. valid not only in this life but in
other lives to come.
3. It is a holy union i.e. performance of religious ceremonies is
essential.
 Since Hindu marriage was considered to be sacrament, the
consent of the parties did not occupy any important place.
Thus the person married may be a minor or even of unsound
mind and if the marriage is duly solemnized it is a valid
marriage.
 NATURE OF MARRIAGE UNDER HINDU
MARRIAGE ACT, 1955

 Contractual Nature.
 Today, the modern concept of marriage is
contractual in nature. It receives the ideals
of liberty and equality (free volition of
individuals).
 It is an established notion of the west that
marriage, to be effective, must be an
agreement voluntarily entered into by both
parties.
 In the present situation, Hindu marriage is
both a civil contract and a sacrament.
RELEVANT CASE LAWS:
Bhagwati Saran Singh v. Pameshwari Manohar
Singh[1942 ILR ALL 518]
• The Court after quoting extensively from Macnaghton's Hindu Law,
Stranger's Hindu Law and Vyavahara Chandrika, expressed the view
that a Hindu Marriage is not only a sacrament but also is a contract.

Muthuswami v. Masilamani 33 Madras 342

• The Court has observed, “A marriage whatever else it is i.e., a
sacrament or an institution, is undoubtedly a contract entered into
for consideration with correlative rights and duties.”

Anjona Dasi v. Ghose

• The Calcutta High Court has observed that “Suits relating to
marriage deal with that which in the eyes of law must be treated as
civil contract and important civil rights, arise out of that contract."
 APPLICABILITY OF HINDU MARRIAGE

Section 2 of the Hindu Marriage Act,1955

It applies to person-
who is a Hindu by Who are living
birth or who has outside this
changed his/her territory except
religion to either who is a Muslim,
any of its forms Who is a Buddhist, Christan, Parsi, or
such as -Virashaiva, Jain, or Sikh. Jew by religion or it
a Lingayat or a is proved that such
follower of the person is being
Brahmo, Prarthana governed by Hindu
or Arya Samaj law.
CONDITIONS FOR A HINDU
MARRIAGE
 The conditions of Hindu marriages may be
explained as:

1-Conditions
2-Conditions
under the Hindu
under Ancient
Marriage Act
Texts(Old Law)
(Codified law).
 CONDITIONS UNDER THE HINDU
MARRIAGE ACT (CODIFIED LAW).
 Section 5 of Hindu Marriage Act, 1955, lays down the
condition of a valid marriage as follows:
1. Monogamy - Sec 5(i)- Either of the party should not
have a spouse living during the wedding. He/She
should be unmarried or a widower/widow or divorced.
 Person committing Bigamy are to be punished under
Sec.494 and 495 of IPC.
 Relevant Case laws-

I. Sarla Mudgal & Others v/s. U.O.I (A.I.R 1995)

 The Supreme Court in above case held that if a Hindu
converts to Muslim and then have a second marriage, he
can not do so, irrespective of the fact that polygamy is
allowed in Islamic Law
CONDITION- MENTAL CAPACITY
2. Mental Capacity-Sec.5(ii): At the time of the
marriage, neither party should be incapable of
giving a valid consent.
 Neither of the party should be suffering from-

Unsoundness of mind
Mental disorder
Recurring attacks of insanity.
Unfit for marriage or procreating children.
RELEVANT CASE LAWS

R. Lakshmi Naryan v/s. Santhi (A.I.R. 2001)-

• The SC in this case states that in order to label a wife as unfit
for a valid Hindu marriage on grounds of mental disability and
reproducing children, establishing the gravity of the ailment
she has been suffering from which makes it impossible for to
live normally, stands indispensable as the husband was unable
to provide enough evidence.
Ram Narayan v/s. Rameshwari Gupta (1988) SC-
• The Apex Court opined that the provision does not in any way
attach significance to mental disorder belonging to any degree
to be a strong ground to dissolve a marriage. Instead, the
burden of proof of showing the presence of a requisite degree
of mental instability lies on the spouse who claims such
mental illness in the other spouse.
 CONDITION- MARRIAGEABLE AGE
3. Age of parties-Sec 5(iii): Marriage to be
considered valid the bridegroom must has
completed the age of twenty-one and the
bride has completed the age of eighteen
years.
 Relevant case law-
I. Appala Saramma v/s. Ganapatulu AIR 1975:
In this case AP High Court held that, a child
marriage in contravention to Sec.5(iii) of
Hindu Marriage Act is void.
 CONDITION- SAPINDA RELATIONSHIP
4. Sapinda relationship- means extended relationships through
generations such as father, grandfather etc.
 It’s a chain of all the relationship from paternal and
maternal side of the family; they can’t marry each other due
to prohibited relationship and also their generation till three
generations from the girl side and five-generation from the
boy side, till that they all are in Sapinda relationship.
 There are two definitions associated with the Sapinda
relationship by two legal commentaries.
I. By the Mitakshara - Sapinda means a person connected by
the same particles of body.
II. By the Dayabhaga - Sapinda means a person connected by
the same pinda (ball of rice or funeral cake offered at
sraddha ceremony
CONTINUED…
 The Hindu Marriage Act, 1955 have
modified the concept of Mitakshara and it
prohibits the marriage between persons of
Sapinda relationship. Except when such
marriage or union are permitted by valid
custom or usage. The custom must be a
valid one as per Section 3(f) of the Act.
 Eg.: In South India, marriages between
the children of Brother and Sister are
common and are valid custom.
 CONDITION - PROHIBITED DEGREE OF
RELATIONSHIP
 Degrees of prohibited relationship are stated in Section 3(g) of the Hindu
Marriage Act, 1955.

ascendant(direct line) of the other. If one was the wife or husband of

One of them is the lineal lineal ascendant or descendant of
the other

Two persons are said

to be within the
“degrees of prohibited
relationship”
If one of them was wife of the of two brothers or of two sisters.
brother or of the father’s or or children of brother and sister or
mother’s brother or of the uncle and niece, aunt and nephew,
grandfather’s or grandmother’s If the two are brother and sister,
brother of the other
RELEVANT CASE LAWS-
Smt. Shakuntala Devi v/s. Amar Nath
[(A.I.R. 1982) P & H]
• The Punjab and Haryana High Court held that two
persons can marry within the prohibited relationship but
there should be a proof of established custom i.e. very
old and beyond human memory

Savitri Devi v. Manorama Bai, AIR 1998 MP 114

• The Madhya Pradesh High Court in the year 1998
clarified that the party depending on the custom must
prove the existence of such custom. Additionally, it
should also be proved that such custom was ancient,
certain, reasonable and not opposed to public policy.
 CEREMONIES FOR A HINDU MARRIAGE
 According to Section 7 of Hindu Marriage Act, the
marriage must have been solemnized in accordance with
customary rites and ceremonies of at least one of the
parties to the marriage.
 The following are important stages of ceremonies
which were to be performed of the valid marriages-
1. Betrothal or Sagai: it is a formal promise to give the
girl in marriage.
2. Kanyadan: It is actual giving away of the girl in
marriage by her father.
3. Sapatapadi: It is consisted in performing a ceremony of
taking seven steps before the sacred fire but the bride
and the groom. The performance of Saptapadi marked
the completion of marriage and made it irrevocable.
RELEVANT CASE LAWS-
Bhaurao Shankar Lokhande v. State of Maharashtra

• The Supreme Court held that unless a marriage is

celebrated or performed with proper ceremonies in due
form, it cannot be said to have been solemnised.

Dr. A.N. Mukherjee v/s State (AIR 1969)

• The court in above case held the ceremony of exchanging
garlands in the Kali temple after walking seven steps, an
imitation of saptapadi as invalid.
• They observed that the mere intention of parties, however
serious, will not make them husband and wife and the
accused will escape prosecution even if he deliberately
performed a defective ceremony. The persons who mock
ceremonies would not constitute a valid marriage.
 REGISTRATION OF HINDU MARRIAGES
Section 8 of Hindu Marriage Act,1955 states that:
 Section 8(1) – It states that the State Governments will be granted
authorities to make rules for registration of Hindu marriage .

 Section 8(2) – It states that it is the responsibility of the State

Governments to ensure that the parties to the marriage have abided
with the rules.

 Section 8(3) – It states that rules shall be laid before the State
Legislatures.

 Section 8(4) - It states that it is the duty of the Hindu Marriage

Registrar to inspect sufficient evidence to prove the concerned marriage
to be legal.

 Section 8(5) - It states the validity of Hindu marriage will not be

affected in any way if the registration does not take place in the course.
RELEVANT CASE LAW-
I. Seema v/s. Ashwani Kumar [AIR 2006 SC
1158] - The Supreme Court has held that
marriage of all persons who are citizens of India
belonging to various religion should be made
compulsorily registrable in their respective
states, where the marriage is solemnized.
 Compulsory registration of Marriage if wisely
provided for by means of carefully framed rules
- can prevent many social evils e.g., child
marriage and dowry. But no State Government
can make a rule that failure to marriage will
render it invalid.