Introduction

Hindu Marriage refers to kanyadan which means gifting a girl to the boy by
the father with all the tradition and rites or custom. Hindu marriage is an
ancient tradition which is prevailing from the Vedic periods to the modern
world with different modifications that have occurred until now . There are 16
sacraments in the Shastri Hinduism in which marriage is one of the important
sacraments of Hinduism.

Section 2 of the Hindu Marriage Act 1955 states that this act applies to any
person who is a Hindu by birth or who has changed his/her religion to either
any of its forms such as Virashaiva, a Lingayat or a follower of the Brahmo,
Prarthana or Arya Samaj. Any person who is a Buddhist, Jain, or Sikh also
comes under this act. It also applies to any person living outside this territory
except who is a Muslim, Christan, Parsi, or Jew by religion or it is proved that
such person is being governed by Hindu law.

Ceremonies to be performed in a Hindu

Marriage
Marriage in the Hindu religion is a sacred tie performed by certain
ceremonies and rites which are necessary for a valid marriage. There are
three important stages wherein certain ceremonies are to be performed.

 Sagai -Hindu engagement is an important pre-wedding ritual in

Indian culture, it is a type of culture in which the bride and groom
come face to face and are engaged with a religious bond by each
other’s families. The Hindu tradition of “Vagdanam” dates back to
Vedic period where the groom’s father gives their words to the
bride’s father that they will accept their daughter and will be
responsible for their future well being. There are various terms
which are used instead of engagement in different places like Mangi,
Sagai, Ashirbad, Nishchayam etc.
 Kanyadan– The word kanyadan consists of two words- Kanya
which is maiden or girl and daan which means donation. It is the
donation of a girl. It is an age-old tradition where the bride’s father
presents his daughter to the groom, giving him responsibility for her
future wellbeing. It is an emotional and sentimental laden ritual
which recognizes the sacrifice a father makes in order to ensure her
daughter’s happiness. It is followed till now from the Vedic times. It
is an integral part of traditional Hindu marriage.
 Saptapadi– Saptapadi is a very important and integral component
of a typical Hindu marriage. It is an activity which is undertaken by
the bride and groom in front of the fire god, where couples go
 around the sacred fire seven times while reciting certain vows. This
movement is also known as phera. Fire or Agni is considered highly
sacred in the Hindu religion, vows taken in front of the Agni are
unbreakable. The god of fire, Agni deva is considered to be a
witness to be solemnization of the marriage as well as a
representative of the supreme being to provide his blessing to the
newlywed couple. Section 7 of the Hindu marriage act 1955 states
the solemnization of the Hindu marriage, a Hindu marriage may be
performed by all the ceremonies and rituals of both the party or
either anyone. It is concerned with the Saptapadi which means that
taking seven rounds around the fire with their partner; after its
completion, marriage becomes complete.

Conditions for validity of a Hindu Marriage

Section 5 A valid marriage shall be solemnized between two Hindus if the
following conditions are fulfilled:

 Any person doesn’t have a spouse living at the time of the marriage.
According to the Hindu Marriage Act, It is not permissible to have
two living wives at the same point in time, which amounts to
bigamy. It is punishable under Section 494 of the Indian Penal
Code.
 The groom shall attain the age of 21 and the bride attains the age of
18. It is necessary at the time of marriage the person shall attain
the specified age given in this Act.
 The consent shall not be given by coercion or threat. In the modern
world, a father can’t get the girl married to any without a girl’s
consent. Marriage will be void.
 They don’t fall under the Sapinda relationship, or within the degree
of prohibited relationship unless it is allowed by their custom or
tradition.
 The person shall be not suffering from any insanity or mental
disorder at the time of the marriage.

Essential elements of Section 5

 Condition of monogamy
Section 5 (i) of the Hindu marriage act 1955 states that at the time of the
marriage a person should not have a living spouse. It is not permissible in
Shastri law to have two married women at a point in time. It is also
punishable under the Indian penal code 1955.

 Bigamy
Bigamy amounts to having two living wives at the same time which is illegal
in Hindu law; without finalizing the divorce from the first marriage, a person
can’t marry someone else. The first one will be considered a legal marriage.
The provision of section 494 and 495 of the Indian Penal Code 1860 will be
applicable to the person performing the second marriage after already having
a living husband and wife.

 Conditions regarding mental health or capacity

Section 5 (ii) (a),(b),(c) Hindu marriage Act 1955 discusses the condition of
valid of Hindu marriage related to mental health or capacity of the person; if
a person is suffering from unsoundness of mind at the time of marriage,
Marriage will be considered as void. It is necessary that a person shall be
capable of giving valid consent at the time of the marriage.

 Condition for marriageable age

Section 5 (iii) of the Hindu Marriage Act 1955 states that the bridegroom has
completed the age of twenty-one and the bride has completed the age of
eighteen years at the time of the marriage. If the person has not attained
given in section 5 (iii) the marriage will be void it has no legal status.

 Sapinda relationship
All prohibited relationships are Sapinda but all Sapinda relationships are not
prohibited relationships. Sapinda relationship is the chain of all the
relationship from the side of the brother and sister in 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. Avoidance of Sapinda can be
achieved as the girl reaches the fourth generation and boy (brother) reaches
the sixth generation after that both families can have a marriage that will be
neither prohibited relationship nor Sapinda relationship.

Registration of Marriage (Section 8)

Section 8 states that:
  The state government is facilitating the provision as a proof to Hindu
so that the person comes into a valid marriage with the prescribed
manner.
 All the rules made in this section shall be laid before the state
legislature as soon as May.
 Hindu marriage registrar has all the powers and reasonable time
open for the inspection and collects evidence and certified them
after the payment of a prescribed fee.

Void Marriages (Section 11)

Section 11 of the Hindu Marriage Act 1996 states that any marriage
solemnized after the commencement of the Hindu Marriage Act 1955, if it
contravenes any of the provisions of this act, the marriage will be void. The
marriage will have not any legal entity nor will it be enforceable.

Voidable Marriages (Section 12)

Any marriage solemnized after or before the commencement of this will be
voidable on the following grounds:

 No sexual intercourse has been done after the marriage due to the
impotence of the Husband.
 Marriage is in contravention of Section 5 (ii) of this Act which states
that the bride shall attain the age of 18 and the groom shall attain
the age of 21.
 There shall be a consent of the bride.
 If the husband has pregnant another woman other than the wife.
 The wife has filed a request for annulling the marriage.