Hindu marriage system

A) Introduction of Hindu Marriage

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.

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. It is believed that it is the strongest bond
between husband and wife. It is an unbreakable bond that remains even after death. The
importance of marriage is not to the extent of one generation but it is an in-depth belief of
Hinduism. Without a wife, a person is considered incomplete while performing any rites of
Hinduism. It is very important to perform all the rites with the wife.
B) Who are Hindus?
Hindu by Religion
The Medieval period of Hinduism lasted from 500 to 1500 AD. Hinduism is the oldest religion
which contains a wide range of tradition and culture which are followed by all the Hindus across
the globe. Any person who is a Hindu by religion or born in Hindu family with Hindu father or
mother in any of its forms such as Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana
or Arya Samaj or any person who is a Buddhist, Jain, or Sikh is also a Hindu by religion. Thus,
any person except a follower of Muslim, Christan, Parsi, or Jew religion is a Hindu.
Hindu by Birth
Any person born in a Hindu family or has a Hindu father or mother such a person is considered as
Hindu by birth. Any person born in any community apart from Muslim, Christian, Jews is also a
Hindu. Any child, legitimate or illegitimate if either of his parents is Hindu, if he is brought up by
the parent who is hindu shall be considered as Hindu by birth.
C) The Concept of Marriage under the Hindu Law
For a long period of time Hindu marriage rites have been changed accordingly due to the needs
and convenience of the people from time to time. It is the relationship between husband and wife.
According to Hinduism, this sacrament is one of the most important sacraments out of 16
sacraments in Hinduism. It is a sacred tie that can’t be broken. It is a relationship from birth to
birth, it is a bond which continues after rebirth and death. According to Veda, a man is incomplete
until he gets married and meets with his partner.
D) Sacramental Nature of Marriage
Characteristics of the Sacramental Nature of a Hindu Marriage
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.”
There are three characteristics of the sacramental nature of marriage:
 It is an enduring bond of the husband and wife which is permanent and tied even after death
and they will remain together after the death.
 Once it is tied cannot be untied. It is a religious and holy union of the bride and groom
which is necessary to be performed by religious ceremonies and rites.
 Hindu marriage is considered as one of the most important sacraments. In ancient times,
there was no need for the girls’ consent. Fathers have to decide the boy without asking for
her advice or consent. It is the sole duty of the father to find a suitable boy. If the person
was of unsound mind or minor at the time of the marriage, it was not considered as a void
marriage. But in the present world, consent and mental soundness of the person are a very
essential part of the Hindu Marriage, without the absence of any such element marriage
will be annulled or void or no legal entity.
Section 12 of the Hindu Marriage Act 1955 lays down that when one’s consent is not obtained, the
marriage is considered void. It shows that despite the absence of consent of the bride, the marriage
is valid and legal.
E) Forms of marriage
The Hindu marriage is based upon the extinction of the dominion of the father over his daughter
and the creation of the relationship of husband and wife by a religious function. The religious
ceremony is essential for all forms of marriage. The mode of extinction of the dominion of the
father differs in the various forms of marriage. Prior to the enactment of the Hindu Marriage Act,
there were eight forms of marriage, four approved and four unapproved.
Thus there were eight forms of marriages of which,
four Brahma, Daiva, Arsha, and Prajapatya are approved and
remaining four Asura, Gandharva, Rakshasa, and Paisacha are unapproved.
Brahma form:
The gift of a daughter (kanya danam), after decking her with ornaments and honouring her with
jewels to a man learned in the Vedas and of good character, whom the father of the girl himself
invites, is called the “Brahma marriage”. In this form of marriage, the bride figured as an object of
‘dana’ or gift by her father or guardian to the bridegroom.
In this form, the father invites and receives respectfully the bridegroom and makes a gift of his
daughter, thereby putting an end to his dominion over daughter. The important feature of this form
is that the parents of the bride do not receive any consideration for giving the girl in marriage. It
was believed then that the son born of a Brahma marriage redeems from sin, ten ancestors, ten
descendants and himself.
Daiva form
The Daiva form of marriage was slightly different from the Brahma form of marriage in the sense
that the suitor was an official priest. Qualities like good character learned in the Vedas or good
family background was not part of selection criteria.
This form of marriage is exclusively for the Brahmins because the Brahmins can only officiate in
the sacrifices, as priests. In this form of marriage, the damsel is given to a person who operates as
a priest in a sacrifice performed by the father, in lieu of the fee due to the priest. It is inferior to the
Brahma because the father derives a benefit, which is not deemed reprehensible. It was believed
then that the son born of such a marriage is said to redeem from sin seven parental ascendants and
seven male descendants and himself.
Arsha form:
In Arsha form of marriage, the bridegroom makes a present of a cow and a bull or two cows and
two bulls to the bride’s father which is accepted for the religious purpose only.
Arsha form of marriage symbolizes the pastoral stage of the Hindu society where cattle were
considered indispensable.
In this form of marriage, the present of a cow and a bull or two cows and two bulls constitute the
price of the bride. The number of persons redeemed by the male offspring of such marriage is only
six (three male descendants and three female ascendants)
Prajapatya form:
The very name Prajapatya indicates that the pair enters the solemn bond for repayment of debts
or rinas (obligations) to Prajapati for procreation and upbringing of children.
This form of marriage does not materially differ from the Brahma, but in this, the gift is made with
condition that “May both of you perform together, your civil and religious duties”.
This form of marriage is an orthodox form where the parental approval figures and the economic
complications of betrothal are bypassed.
Asura form
In the Asura form of marriage, the bride was given to the husband in payment of a consideration
called ‘kanya sulkam” or bride-price.
This form of marriage was prevalent in ancient India when the bride was construed to be an article
of merchandise.
This form of marriage is based on an agreement between two families as a commercial transaction.
Thus in this form of marriage, the dominion of the father over the daughter ceases by his sale of
the girl to the bridegroom. The acceptance of some consideration by the father for giving his
daughter in marriage is the factor that stamps this marriage as one in the unapproved form.
In ‘Asura’ form of marriage, on the death of the wife, in the absence of her husband & Children,
her property devolved upon her parental side.
Gandharva form:
The Gandharva marriage was the union of a man and a woman by mutual consent (love marriage).
In this form, the bride with own consent gives herself away to the bridegroom. A minor girl is
incompetent to contract this ‘Gandharva’ form of marriage as she is incapable of giving her
consent.
This form of marriage indicates that the parties must be adults so that they will be capable of sexual
enjoyment. This form of marriage was practiced by the tribe called ‘Gandharva’ living on the
slopes of the Himalayas.
Rakshasa form:
This form of marriage may be described as marriage by capture, resembling the right of a victor
to the person of the captive in war.
This form of marriage was allowed only to the kshatriyas or military classes.
Thus the forcible abduction of the bride from her paternal home is the essence of the Rakshasa
form. This form of marriage is still practiced among certain classes of Gond tribals of Berar and
Betul. In modern Indian society, this form of marriage has been banned, and its practice is a
punishable offence under Section 366 of IPC.
Paisacha form:
It is the worst form of marriage among the Hindus. When the lover secretly embraces the damsel,
either sleeping of flushed with strong liqueur, or disordered in her intellect, that sinful marriage,
called paishacha is the eighth and the lowest form. This form of marriage is a punishable offence
under the I.P.C. as rape as the principle of law holds that a culprit should not be allowed to be
benefited for any wrong-doings caused by him.
In both Rakshasa and Paisacha, there is a subsequent marriage with sacred texts and it is the
original mode of securing the maiden that stamps these marriages as ‘unapproved’. The difference
between the ‘Paishacha’ and the ‘Rakshasa’ forms of marriage lies in the fact that whereas in
Rakshasa form there is the scope of display of bravery and force at the same time, in the Paishacha
form the maiden is taken by deception and fraud. The dominion of the father is completely
undermined in the ‘Gandharva’, ‘Paishacha’ and ‘Rakshasa’ forms of marriage.
The Hindu Marriage Act, 1955 has not prescribed any particular form of marriage. It simply lays
down the conditions for a valid marriage. The Act calls marriages solemnized under the Act as
Hindu marriages which may be performed in accordance with the customary ceremonies prevalent
in the community to which, the bride belongs. In the present Indian scenario, considering the socio-
legal point of view, three forms of Hindu marriage appear to be existent. These are the Brahma,
 Asura and Gandharva forms of marriage. The higher caste Hindus solemnize the Brahma form of
marriage in the most cultured form. The Asura form of marriage is commonly practised among the
lower castes and the Gandharva marriage is gaining momentum among the modern youths in the
form of love marriage.
The nature of modern marriage is contractual. Thus, it accepts the idea of equality and liberty. It
has been adopted due to western Ideas. There must be an agreement of voluntarily entering into it
by both parties.
Thus, the Hindu marriage is not a contract and neither is it a sacrament. But it can be said it is a
semblance of both.

F) Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 was intended to secure the rights of marriage for the bride and groom
who are Hindu and are bound under the sacred bond of marriage under any ceremony. It is a landmark
in the history of social legislation.
It has not simply codified the Hindu marriage law but has introduced important changes in many
respects. The Hindu marriage contemplated by the Act hardly remains sacramental. The Act has
brought in some changes.
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.

G) Essential Conditions of Hindu Marriage

Section 5 A valid marriage shall be solemnized between two Hindus if the following conditions
are fulfilled:
a) 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.
b) 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.
c) 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.
d) They don’t fall under the Sapinda relationship, or within the degree of prohibited
relationship unless it is allowed by their custom or tradition.
 e) The person shall be not suffering from any insanity or mental disorder at the time of the
marriage.
The essential conditions of valid Marriage are given and discussed below:
Monogamous Relationship:
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.
According to section 5(i) of HMA,-neither party has a spouse living at the time of the marriage;
Either party should not have a living spouse at the time of the marriage.
It implies a monogamous act and makes a barrier on the bigamous or polygamous act. it should
be read with the section 11 and section 17 of Hindu Marriage Act, according to section 11, bigamy
or polygamy is a null and void act and apart from this, section 17 of HMA, makes this a punishable
offence under section 494 and section 495 of Indian Penal Code, 1860. Therefore, the parties to
the marriage can be unmarried, widowed, or divorced.
The Scheduled Tribes are exempted from the application of the Act but the condition is that there
must be a proved custom to this effect.
In Smt. JamunabaiAnant Rao Adhar v. Anant Rao ThiraramAdhar ,the supreme court held that
the marriage becomes null and void when the violation of the first condition of section 5 i.e.
bigamous or polygamous act happens then the second marriage becomes void ab inito and ipso
facto. The highest court in this regard further observed that the wife in a void marriage cannot
claim maintenance under section 125 of the Criminal Procedure Code.
In cases like Dr A.N. Mukerji vs State and Santi Deb Berma vs Smt. Kanchan Prava Devi it was
held that the offence of Bigamy would be constituted only when the first marriage is solemnized
according to proper ceremonies and rituals.
Free Consent:
According to section 5(ii) of this Act;
at the time of the marriage, neither party;
SECTION 5 (ii)(a) is incapable of giving a valid consent to it in consequence of unsoundness of
mind; or
(b) 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
(c) has been subject to recurrent attacks of insanity.

This clause was not there when this Act was enacted but it was inserted in the Act through the
Marriage Laws (Amendment) Act, 1976. Under this clause of HMA at the time of marriage
neither party shall be incapable of giving free valid consent based on unsoundness of mind, mental
disorder and insanity (unfit for marriage and procreation of children) hence, free consent is a
necessary part of a Hindu Marriage. In a case in this regard, Allahabad High Court held that the
validity of marriage will be nullified or said void only if one party can’t remain in the marriage
due to the unsoundness of the other party.
In a case of Gogi Reddy Sambi Reddy v. Gogi ReddyJayamma[], a Hindu Marriage which violates
this condition is not per se void but voidable under Section 12 (1)(b) of the Act.
In the case of Anima Roy vs Probodh Mohan Roy[AIR 1969 Cal 304], the Calcutta High Court
defined the meaning of the expression “insane” that since that has not been defined under the Act,
the meaning and significance of this would be the same as under Section 3(5) of the Insanity Act,
according to which any person suffering from mental derangement of any kind may be regarded
as an idiot or insane.
Condition of 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.
According to the Section 5(iii) of HMA,the bridegroom has completed the age of21 years and the
bride, the age of 18 years at the time of the marriage;
When this Act was enacted, the legal age for the marriage of boy and girl was 18 years and 15
years respectively. However, after the Marriage Laws (Amendment) Act, 1976, it was changed
and the minimum age became 21 years and 18 years respectively.
However, violation of this condition mentioned in clause (iii) of section 5 of this Act does not
make the marriage void or voidable.
It means that it is valid but it may attract penalties and may have consequences. But it can become
a legal ground for repudiation of the marriage.
The Hindu Marriage Act and the Child Marriage Restraint Act provide for punishment for such
marriage.
The punishment is provided in Section 18 of this Act itself, it states that anyone who procures a
marriage in violation of the condition is liable to be punished with simple imprisonment which
may extend up to 15 days or with fine which may extend up to Rs. 1000. or can be penalised with
both. The Section 10 of the Prohibition of Child Marriage Act, 2006, provides that any person
who is performing, conducting, directing or abetting a child marriage shall be punished with
rigorous imprisonment up to two years and fine of one lakh rupees.
Degree of Prohibited Relationship:
According to Section(iv) of HMA,-The parties are not within the degrees of prohibited
relationship unless the custom or usage governing each of them permits of a marriage between
the two;
the Act prohibits solemnization of marriage of those persons who are within the prohibited degree
of relationship. If any marriage is solemnized in violation of this condition then the marriage
would be void under section 11 of the act. And also, if a violation of this clause happens, then it
would amount to simple imprisonment up to 1 month or a fine of Rs. 1000/- or both under section
18(b) of the Hindu Marriage Act, 1955.

((NOTE:
Section 3(g) of HMA defines those relationships which fall within the prohibited degree of
relationships. In simple way we can say that;
A man cannot marry with any of these persons-
(i)His lineal ascendant, (ii) Wife of his lineal ascendant, (iii) Wife of his lineal descendant, (iv)
Brother’s wife, (v) Wife of his father’s brother, (vi) Wife of his mother’s brother, (vii) Wife of
his grandfather’s brother, (viii) Wife of his grandmother’s brother, (ix) Sister, (x) Sister’s
daughter, (xi) Father’s sister, (xii) Mother’s sister, (xiii) Father’s sister’s daughter, (xiv) Father’s
brother’s daughter and (xv) Mother’s brother’s daughter.
And a woman cannot marry with any of them;
(i)Her lineal ascendant, (ii) Husband of her lineal ascendant, (iii) Husband of her lineal
descendant, (iv) Brother, (v) Father’s brother, (vi) Mother’s brother, (vii) Nephew, (viii) Sister’s
son, (ix) Uncle’s son, (x) Father’s sister’s son, (xi) Mother’s sister’s son and (xii) Mother’s
brother’s son.))
 In the case of Shakuntala Devi v. Amar Nath[], Punjab and Haryana High Court held that two
persons can marry within the prohibited relationship but there should be a proof of traditional,
established and well-known custom which should be very old and beyond human memory.
Avoidance of Sapinda relationship:
According to the Section 5(v) of HMA-the parties are not Sapindas of each other unless the
custom or usage governing each of them permits of a marriage between the two[15];
A marriage between those persons, who are having sapinda relationship with each other, is
prohibited unless there is a recognised custom or tradition which allows them to do so. Any
marriage solemnized under violation of this condition would be resulted into a void marriage and
under section 11 of the Act and violation of this clause would amount to simple imprisonment up
to 1 month or a fine of Rs. 1000/- or both under section 18(b) of the Act.
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.

H) Ceremonies of Hindu Marriage (section 7 of The Hindu Marriage Act, 1955)

Marriage Ceremonies:
Section 7 of HMA states about necessary ceremonial rites, according to this the solemnization of
a Hindu Marriage may be performed by all the ceremonies and rituals of both the parties or either
of them and these rituals are mainly concerned with; invocation before the sacred fire and
Saptapadi which means taking seven rounds around the fire with the partner in the North-East
direction; after the completion of these rites the marriage becomes binding and complete for both
the parties.
Hindus have prescribed very elaborate rituals and ceremonies for marriage though in modern
Hindu Law all of these ceremonies are not mandatory. However, the law is still uncertain about
which of these ceremonies are not mandatory. Under the modern Hindu Law, a marriage may be
solemnized in the following ways:
(a) By performing the shastric rites and ceremonies recognized by the Hindu laws
(b) By performing customary ceremonies which prevail in the caste, tribe or community to which
one of the parties or both belong.
The status of husband and wife is constituted by performance of marriage rites either prescribed
by shastras or by the custom.
SHASTRIC CEREMONIES AND RITES
For a valid Hindu marriage, performance of certain Shastric ceremonies is still necessary.
These are laid down in the grihyasutras. The grihyasutras have prescribes a very elaborate system
of rites and ceremonies for a marriage. Although the performance of some ceremonies begins few
days before the actual wedding at the homes of bride and bridegroom, all the essential ceremonies
are performed at the bride’s place. Some important and commonly practiced shastric ceremonies
are:
(a) Vridhi Sraddha: offerings are made to the departed ancestors in order to seekh their blessings.
(b) Sampradana: In this ceremony, the bridegroom comes to the bride’s home and water for
washing feet, a mixture of honey, curd and ghee and a cushion to sit upon is given to him.
Chanting of prayers is also done.
(c) Kanyadana: father or guardian of the bride pours out a libation of water symbolizing the gift
of the bride. The right hand of bride is tied with that of the groom with durva grass by chanting
mantras. In this way, the bride is formally gifted to the groom.
Dakshina (in form of gold) is also given to the groom.
(d) Vivaha Homa: lighting of the holy fire that symbolizes divine witness and sanctifier of vivah
sanskara.
(e) Panigrahana: Groom stands facing the west and bride sits facing the east in front of
him while holding hands and the groom recites vedic hymns.
(f) Laja Homa: the offering of puffed rice to the sacred fire so that the god is pleased to free her
from their bonds.
(g) Agni Parinayana: The bride and bridegroom go around the nuptial fire and water pot three
times keeping to the right.
(h) Saptapadi: bride and groom take seven steps in the North east direction while reciting certain
hymns. On completion of the seventh step the marriage becomes final and irrevocable.

In the case of Bhaurao Shankar Lokhande v. The State of Maharastra, it was held by the Apex
Court that the unless the marriage is celebrated and performed with proper ceremonies and due
form, it cannot be said to be solemnized.
 CUSTOMARY RITES AND CEREMONIES
The grhiyasutras also lay down that a marriage may be solemnized according to the different
customs of different tribes, villages, etc. It is settled in law that if a community does not follow
shastric rituals and follow their customary rites and ceremonies then their marriage will not be
considered invalid. For example: among the Santhals, the only ceremony which is necessary for
solemnization of marriage is smearing of vermillion on forehead of the bride.
Another example is of the Nayahans of South India, the only ceremony necessary for marriage is
tying of Nadu Veeta Thali in the neck of the bride.

I) Valid marriage, void marriage, voidable marriage

There are three types of marriage-
 Valid Marriage
 Void Marriage
 Voidable Marriage
Valid Marriage
Section 5 of the Hindu Marriage Act,1955 states the conditions for a valid marriage. A
marriage can be said valid, if it fulfils following conditions:
 None of these parties have spouses living at the time of the marriage.
 During the time of the marriage, neither party should be-
1. Incapable of giving valid consent due to the unsoundness of mind.
2. Suffering from mental disorder to an extent as to be unfit for marriage and procreation of
children.
3. Subjected to repeated attacks of insanity.
 Age- The bridegroom must be 21 years or above and the bride must be 18 years or above.
 The parties are not in a degree of prohibited relationship.
 Parties are not sapindas (blood relation) to each other.
Nullity of Marriage
If there are any impediments (obstructions), then the parties cannot marry each other. If someone
marries and there are any obstructions in the marriage process then it is not a valid marriage.
Impediments are divided into two types which are: absolute impediments and relative
impediments.
These impediments gave rise to the classification of marriage which are:
 Void Marriages
 Voidable Marriages
Provision of Void and Voidable Marriages under Hindu Marriage Act, 1955
Void Marriages (Section 11)
A marriage is considered void under the Hindu Marriage Act if it doesn’t fulfils the following
conditions of Section 5 of the Hindu Marriage Act:
 Bigamy
If any of the parties have another spouse living at the time of marriage. It shall be considered as
null and void.
Illustration: there are three parties ‘A’,’B’ and ‘C’ where ‘A’ has a living spouse ‘B’, but he again
marries to ‘C’ then this will be called as bigamy and it will be void.
 Prohibited Degree
If the parties are within a prohibited relationship unless the customs allows it.
Illustration: there are two parties ‘A’ and ‘B’ where, ‘A’ is the husband and ‘B’ is his wife. They
both went on a relationship which is prohibited by law. This marriage can also be called void
marriage.
 Sapindas
A marriage between the parties who are sapindas or in other words a marriage between the parties
who are of his or her relations or of the same family.
Illustration: there are two parties ‘A’ and ‘B’ where ‘A’ is the husband and ‘B’ is the wife, who
has blood relation or close relation to A which can also be termed as Sapinda. So, this process
will be treated as void.
Consequences of a Void Marriage
The consequences of void marriage are:
 The parties don’t have the position of husband and wife in a void marriage.
 Childrens are called legitimate in a void marriage (Section 16 of Hindu Marriage Act,
1955).
 Mutual rights and obligations are not present in a void marriage.
Voidable Marriages (Section 12)
A marriage is voidable on either side of the party is known as voidable marriage. It will be valid
unless the petition for invalidating the marriage is made. This marriage is to be declared void by
a competent court under the Hindu Marriage Act, 1955. The parties of such marriage have to
decide whether they want to go with such marriage or make it invalid.
The grounds where marriage can be termed as voidable:
 The party to the marriage is not capable of giving consent due to the unsoundness of
mind. Illustration: There are two parties ‘A’ and ‘B’, where ‘A’ is the husband and ‘B’ is
his wife. ‘B’ gave the consent of the marriage when she was suffering from an unsound
mind. After some years, ‘B’ gets cured and raised that her consent was invalid and this
marriage is voidable because during the time of the consent of ‘B’, she was in an unsound
mind. So, this a ground of voidable marriage.
 The party is suffering from mental disorder which makes her unfit for reproduction of
children. Illustration: There are two parties ‘A’ and ‘B’, where ‘A’ is the husband and ‘B’
is his wife. If ‘B’ is suffering from mental disorder due to which she is unfit for
reproduction of children. Then this can be a ground for voidable marriage.
 If the party has been suffering from repeated attacks of insanity. Illustration: There are two
parties ‘A’ and ‘B’, where ‘A’ is the husband and ‘B’ is his wife. Anyone from ‘A’ or ‘B’
is suffering from repeated attacks of insanity, then this can also be a ground for voidable
marriage.
 The consent of marriage by either of the parties is done by force or by fraud. Illustration:
There are two parties ‘A’ and ‘B’ where A is the husband and B is his wife. If either party
gave consent to the marriage by force or fraud, then it will be a voidable marriage.
 If either of the parties are under-aged, bridegroom under 21 years of age and bride under
18 years of age. Illustration: There are two parties ‘A’ and ‘B’, where ‘A’ is the husband
and ‘B’ is his wife. If ‘B’ is under the age of 18 years then this marriage will be considered
as voidable or if A is under the age of 21 years then it can also be considered as voidable
marriage.
.