THE HINDU LAW ASSIGNMENT

Submitted to Mr. Utkarsh Verma

Submitted by Astha Mishra

section
3rd

B
semester
565

WHAT IS THE LEGAL STATUS OF MARRIAGE BETWEEN THE PARTIES, WHO DO NOT
FULFILL THE REQUIREMENT OF COMPETENT AGE BETWEEN THEM, UNDER THE
HINDU MARRIAGE ACT,1955.
Marriage, whether considered as a sacrament or a contract, gives rise to a status. It confers the
status of husband and wife on parties to the marriage.
Section 5 of the HMA, 1955 states the conditions for a valid marriage. Section5 sub- clause(iii)
states that the bridegroom has completed the age of 1[twenty-one years] and the bride, the age of 2
[eighteen years] at the time of the marriage; The Shastric law does not lay down any age for
marriage. There is an injunction for men that they should marry on the completion of the
Brahmacharya Ashram i.e., Study of the Vedas. Originally, this is at the completion of 25 years
but at places, it is observed that this is at the attainment of the age of 12 or 24 or 36 or 48 years 3 .
Man is permitted to live a life of celibacy but marriage is made indispensable for women.
Dispensing away tye doubts as to its legal status, a division bench of the Delhi HC in a recent
decision has explained the legal position of marriage between minor couples. Holding that
1

Subs. by
Act 2 of
1978, sec. 6
and Sch.,
for
eighteen
years
(w.e.f. 110-1978).

traditionally marriage between the minors was taken as neither void nor voidable and on the
contrary a legally valid marriage . the HC in Jitendra Kumar Sharma v. State observed that;
It was argued on behalf of Poonams father that the marriage between Jitender and poonam, who
were hindus, is invalid because it is in violation of section 5(iii) of the HMA,1955, in asmuch as
Poonam is below 18 years of age and jitender is below 21 years .

Subs. by
Act 2 of
1978, sec. 6
and Sch.,
for fifteen
years
(w.e.f. 110-1978).

P.V.
KaneHistory of
Dharma
Shastras,
vol. II; Part
I, 438; cf:
R.C.
NagpalModern
Hindu Law,
1983 edn.
p.89,
Eastern
Book
Company,
Lucknow.

The cort held that one of the conditions of hindu marriage is that the bride should have
completed 18 years age and the bridegroom, 21 years. But, does this mean that a marriage where
this twin condition as to agesis not satisfied is, ispo facto, invalid or void? An examination of
Section 11 of HMA would seem to suggest otherwise.
The said provision is as under- Nullity of marriage and divorce- Void marriages.- Any marriage
solemnized after the commencement of this Act shall be null and void and may, on a petition
presented by either party thereto, against the other party be so declared by a decree of nullity if it
contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5. Though
five conditions have been stipulated in section 5, only the contravention of three of them .
namely clause (i), (iv) and (v) would render the marriage to be null and void. Clause (iii) of
section 5, which is the condition with regard to the minimum ages of the bride and groom, is
conspicuous by its absence.
As a result the hindu marriage solemnized in contravention of clause(iii) of section 5 of the
HMA cannot be regarded as a void or invalid marriage.4
Child Marriage
Any marriage solemnized in contravention of clause
(iii) of section 5 is neither void nor voidable, the
only consequence being that the persons concerned
4

Rabindra
v. Sita, AIR
1986 Pat
128;
Gajara
Bhura v.
Kanir
Kanver Bai
Parbat,
AIR 1997
All 429.

are liable for the punishment under section 18 and

further if the requirements of clause (iv) of subsection (2) of section 13 as inserted by the marriage
laws (Amendment) Act, 1976 are, satisfied, at the
instance of the bride, a decree of divorce can be
granted5 Under the Hindu Marriage Act, 1955, a
marriage solemnized in contravention of the
conditions prescribed for a valid marriage was
treated as valid. By invoking the doctrine of Factum
Valet, validity was given to the child marriages.

5 Venkataramana v. State , AIR 1977 AP 43.