hild Marriage Restraint Act, 1929.
Therefore, marriage under the Hindu Marriage Act has not become a contract.
Sec. 5 :- Marriage between aHindu and non-Hindu is void under the Hindu Marriage Act.Now under the Hindu Marriage Act,
the identity of caste or sub-caste is not necessary for a marriage. Ancient texts on Hindulaw prohibited
between males of lower castes and females of higher castes. But they permitted
marriage, marriage between males of higher castes andfemales of lower castes. Under the Hindu Marriage Act inter-caste marriage is valid and legal,whether it is
marriage. There is no bar to an intercaste marriageunder the Hindu Marriage Act. The Act had provided six conditions as prerequisites for a validHindu Marriage, but Act No. 2 of 1978 has omitted the sixth condition relating to guardianshipin marriage and now there are only five conditions as prerequisites for a valid Hindu marriage.In
A.l.R.(1996)S.C. 1011 the Supreme Court has held thatas regards the validity of a Hindu marriage under the Act recognition of the marriage bycommunity or by parents of the spouses is not any pre-requisite. If the conditions laid down insection
are fulfilled, the marriage is valid. Essential conditions of valid marriage may bedescribed under the following heads:(1)
first condition provides that ³neither party has a spouse living at the timeof marriage, [Section
oundness of mind.²At
the time of marriage, neither party,U_ (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
has been subject to recurrent attacks of insanity or epilepsy. [Section
Age of Marriage.²The
third condition is that ³the bridegroom has completed the age of [twenty-one years]25 and the bride the age of [eighteen years]26 at the time of themarriage.´ [Section 5 (iii)].(4)
(4) Beyond prohibited
degrees.²The fourth condition lays down that ³the parties are notwithin the degrees of prohibited relationship, unless the custom or usage governing eachof them permits a marriage between the two.´ [Section
fifth condition is that ³the parties are not
of each other, unless the custom or usage governing each of them permits of amarriage between the two.´ [Section 5 (v)].
Monogamy means that one is permitted to have oniy one wifeor one husband at a time. Bigamy is the reverse of monogamy. Section 5(i) of the HinduMarriage Act prohibits bigamy. Section 11 makes a bigamous marriage void and Section 17