FAMILY LAW I

PRESENTED BEFORE- PROF. NAZIA

PATHAN
PRESENTED BY- SAGARIKA
BBA LLB 2nd YEAR
‘B’ SECTION
B-26
 According to Hindu Law, Hindu marriage has been
assigned a place of sacrament and therefore it is said to be
indissoluble, only death can separate the wedded couple.

 The Hindu Marriage Act, 1955 became a law on 18th

May,1955. It applies to all Hindus, Buddhists, Jains, Sikhs,
followers of Brahma Samaj, followers of Lord Shiva known
as Shaiva, Vaishanavas, Lingayats, Tribals, Harijans
especifically those are Hindus.
• Prior to the enactment of the Hindu Marriage Act, 1955, a
Hindu can marry more than once. However after the coming
into force of the Hindu Marriage Act, the situation has changed.
• The Section 17 of the Hindu Marriage Act,1955 makes a
second marriage void. The effect of this provision is to make
Section 494 of IPC applicable to Hindus.
• However under the Hindu Marriage Act, 1955, the polygamy
type of marriage is not recognized among the Hindus.
• The polygamous unions are no more valid under this Act. The
modern Hindu law inflicts penalty upon the Hindu who marries
polygamously.
Section 5(1) of the Hindu Marriage Act, 1955
provides for, “ Neither party has a spouse, living
at the time of marriage”; The law provides rules of
monogamy and prohibits polygamy and polyandry.
• Yamunabai Anant Rao Adhav vs Anant Rao
Adhav AIR 1988 SCR (2) 809
Supreme Court in this case held that the marriage
becomes nul and void when it invalidates the first
condition of Section 5 of the Hindu Marriage Act,
1955. It makes the marriage void ab initio.
In this case, prior to the marriage of appellant and
respondent in accordance with the Hindu rights and
customs, the appellant that is, the wife had already married
a Muslim gentlemen by embracing Islam. Section 5 of the
Act lays down a condition for a Hindu marriage that neither
party shall have a spouse living at the time of marriage. The
reading of the section clearly shows that for a valid
marriage under Hindu law Section 5(1) is important. The
Court held that the marriage between the parties is null and
void.