AMITY LAW SCHOOL

AMITY UNIVERSITY, KOLKATA

AN ASSIGNMENT ON
“ESSENTIALS OF HINDU MARRIAGE”

SUBMITTED TO:

(Mr. Rohit Tiwari)

SUBMITTED BY:

SANSKAR GUPTA
ENROLLMENT NO:-

A90856123011

BATCH (2023-2026)
 DECLARATION

I, Sanskar Gupta student of Amity Law School Kolkata, hereby declare that the project
work entitled “ESSENTIALS OF HINDU MARRIAGE” submitted to the AMITY
Law School, AMITY University, KOLKATA is a record of an original work done by me
under the guidance of Mr. Rohit Tiwari, teacher in subject, AMITY Law School,
AMITY University, KOLKATA.

Name: Sanskar Gupta (Enrollment No. – A90856123011) Batch – 2023 – 2026

Date: 9th November 2023

 CERTIFICATE

This is to certify that the project report entitled “ESSENTIALS OF HINDU

MARRIAGE” submitted by Sanskar Gupta in partial fulfilment of the requirement
for the award of degree of “Batch” to AMITY Law School, AMITY University,
KOLKATA is a record of the candidate’s own work carried out by him under my
supervision. The matter embodied in this project is original and has not been submitted
for the award of any other degree.

DATE: 9th November 2023 (Mr. Rohit Tiwari)

Teacher in subject
 ACKNOWLEDGEMENTS

I would especially like to thank my guide, mentor, Mr. Rohit Tiwari without whose
constant support and guidance this project would have been a distant reality.

This work is an outcome of an unparalleled infrastructural support that I have received

from AMITY Law School, AMITY University, KOLKATA. I owe my deepest gratitude
to the library staff of the college.

It would never have been possible to complete this study without an untiring support
from my family, especially my parents.

This study bears testimony to the active encouragement and guidance of a host of friends
and well-wishers.
 CONTENTS

TOPIC PAGE
NO.
1. Declaration 2
2. Certificate 3
3. Acknowledgment 4
4. Abstract 6
5. Introduction 7
6. Who is a Hindu 8
7. Essentials of a Hindu marriage (section 5) 9
8. Section 7 15
9. Conclusion 17
10. References 18
 Abstract

This assignment explores the fundamental aspects of the Hindu Marriage Act, 1955,
which governs Hindu marriages in India. It delves into the essential components and
conditions that must be met for a Hindu marriage to be legally valid. The paper also
examines the significance of these legal requirements in ensuring the legitimacy of
Hindu marriages. By highlighting key provisions and sections of the Act, the study aims
to provide a comprehensive understanding of the legal framework surrounding Hindu
marriages. In essence, it offers valuable insights into the core elements that define the
validity of Hindu marriages under this statutory law.
 Introduction

Marriage is a cornerstone of society, a sacred union that transcends cultures and

religions. In the Indian context, Hindu marriage is not only a social contract but also a
spiritual and religious sacrament. It forms the basis of family life, carrying significant
cultural and legal implications. To understand the intricacies of Hindu marriage, one
must delve into the essentials that define its legality, sanctity, and societal significance.
This project aims to unravel the essentials of Hindu marriage, exploring the core
components that underpin this revered institution. It is imperative to recognize that the
legitimacy of a Hindu marriage is contingent upon adhering to specific conditions and
requirements as stipulated in the Hindu Marriage Act of 1955. These conditions may
vary, reflecting the diverse traditions and customs prevalent in different regions of India.
Delving deeper, this study will scrutinize the conditions that determine the validity or
voidness of a Hindu marriage, shedding light on the legal framework that governs this
sacred bond. The primary objective is to analyze and dissect the pivotal elements that
render a marriage legally recognized under the Hindu Marriage Act, 1955, providing a
comprehensive understanding of the legal intricacies.
In the subsequent sections, we will delve into specific sections of the Hindu Marriage
Act, with a particular focus on Section 5 as this section plays a significant role in shaping
the landscape of Hindu marriages within the legal framework.
 Who is a Hindu:

Under Hindu law, the definition of who is considered a Hindu is broad and inclusive.
The Hindu Marriage Act of 1955, as well as other Hindu-related laws, does not rely
solely on religious beliefs but rather adopts a broader and more sociocultural definition
of a Hindu. According to these laws, a Hindu is typically defined as follows:
1. Any person who is born to Hindu parents: This includes individuals who are born
to parents who are Hindu by religion, irrespective of whether they personally
follow Hinduism or any other religion.
2. Any person who has converted to Hinduism: People from other religious
backgrounds who have formally converted to Hinduism are considered Hindus
under the law.
3. Any person who is not a Muslim, Christian, Parsi, or Jew: The Hindu Marriage
Act explicitly excludes individuals belonging to the Muslim, Christian, Parsi, or
Jewish faiths from its application, meaning that individuals from these religions
are not governed by this specific act. This exclusion is, however, subject to certain
exceptions and legal provisions.
It's important to note that Hindu law also recognizes various sects and denominations
within Hinduism, and individuals who follow these sects are considered Hindus as well.
This broad and inclusive definition of a Hindu under Hindu law helps to accommodate
the diversity of beliefs, practices, and cultural backgrounds within the Hindu community
while ensuring that the legal framework for Hindu personal laws applies to a wide range
of individuals.
 Essentials Of Hindu Marriage

The laws according to Hindu marriage was codified and enacted in 1955. The Hindu
marriage Act, 1955 was enacted by the parliament which contains the laws relating to
Hindu marriage, restitution of conjugal rights, judicial separation, divorce, annulment
of marriage, maintenance and guardianship. According to Hindu marriage Act, 1955
section 5 and section 7 deals with the essentials of a valid marriage among Hindu.
According to section 5 of Hindu marriage act, 1955, Conditions for a Hindu marriage
— A marriage may be solemnized between any two Hindus, if the following conditions
are fulfilled, namely :—

(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party—
(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
(iii) the bridegroom has completed the age of 2 [twenty-one years] and the bride, the
age of 3 [eighteen years] at the time of the marriage;
(iv) 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;
(v) the parties are not sapindas of each other, unless the custom or usage governing each
of them permits of a marriage between the two;
 (i) MONOGAMY:
Section 5(i) of the Hindu Marriage Act, 1955, addresses a fundamental condition that
must be satisfied for a Hindu marriage to be legally valid. This provision pertains to the
concept of monogamy within Hindu marriages. Here's a brief note on Section 5(i):
Section 5(i) of the Hindu Marriage Act, 1955, establishes the principle of monogamy
within Hindu marriages. It specifies that at the time of marriage, neither the bridegroom
nor the bride should have a spouse living if they are seeking to enter into a valid Hindu
marriage.
The key objective of Section 5(i) is to uphold the principle of monogamy, which means
that in a Hindu marriage, both parties should have no existing spouse. This provision
prevents bigamy or polygamy within Hindu marriages, thereby ensuring the sanctity
and legality of the union.
In essence, Section 5(i) safeguards the exclusivity of marital relationships within the
Hindu community and reinforces the principle of monogamy as a core element of Hindu
marriage. By prohibiting multiple concurrent marriages, this provision contributes to
the preservation of the sanctity of marriage and the rights and responsibilities of all
parties involved.
(ii) SANITY OR MENTAL CAPACITY:
Section 5(ii) of the Hindu Marriage Act, 1955, is a significant provision that outlines
another crucial condition for a Hindu marriage to be legally valid. This section deals
with the mental capacity of the parties involved. Here's a brief note on Section 5(ii):
Section 5(ii) of the Hindu Marriage Act, 1955, stipulates that at the time of marriage,
both the bride and the groom must be of sound mind. In other words, they should be
mentally capable of understanding the implications and responsibilities associated with
marriage and must be able to give their free and informed consent.
This provision is vital as it ensures that parties entering into a Hindu marriage are
mentally competent to make a rational decision about their marriage. It safeguards
against marriages involving individuals who may not have the mental capacity to
comprehend the significance of their union, thereby protecting vulnerable individuals
from entering into marriages that they may not fully understand or consent to.
Section 5(ii) is crucial for upholding the principles of informed and voluntary consent
in Hindu marriages, contributing to the fairness and legitimacy of such unions. It aligns
with the broader aim of protecting the rights and well-being of individuals, especially
those who may be mentally vulnerable, and promotes responsible and consensual
marriages within the framework of the Hindu Marriage Act.
(iii) AGE OF PARTIES TO MARRIAGE:
Section 5(iii) of the Hindu Marriage Act, 1955, is a crucial provision that outlines one of
the fundamental conditions for a Hindu marriage to be legally valid. This section
specifically addresses the eligibility and age requirement for the bride and groom.
Here's a brief note on Section 5(iii):
Section 5(iii) of the Hindu Marriage Act, 1955, stipulates that the bridegroom must have
completed the age of 21 years, and the bride must have attained the age of 18 years at
the time of marriage. This provision establishes a minimum age requirement for both
parties to ensure that they are legally capable of giving their consent to the marriage.
The primary purpose of Section 5(iii) is to protect the interests of young individuals by
preventing child marriages and ensuring that both parties have reached a sufficient level
of maturity and understanding to enter into the sacred institution of marriage. This
provision aligns with the broader societal goal of promoting responsible and consensual
unions, while also safeguarding the rights and well-being of young brides and grooms.
In summary, Section 5(iii) of the Hindu Marriage Act sets a legal age threshold for
marriage, ensuring that both the bride and groom are of an age where they can make
informed decisions about their marital union, thereby contributing to the prevention of
child marriages and the promotion of responsible and legally valid Hindu marriages.
(iv) BEYOND PROHIBITED DEGREE:
Section 5(iv) of the Hindu Marriage Act, 1955, plays a significant role in determining
the eligibility and validity of a Hindu marriage. This provision relates to the concept of
prohibited degrees of relationships, which are essential to prevent marriages between
individuals who are closely related. Here's a brief note on Section 5(iv):
Section 5(iv) of the Hindu Marriage Act, 1955, addresses the prohibition of marriage
between parties who fall within certain degrees of prohibited relationships. According
to this provision, a marriage is considered void if it takes place between individuals who
are within the prohibited degrees of relationship as specified by the Act.
The primary objective of Section 5(iv) is to prevent marriages that are considered
incestuous or socially unacceptable due to close blood relationships. The Act provides
a comprehensive list of prohibited relationships, including relationships through blood,
adoption, or other legal affiliations. These prohibited degrees vary among different
religions, and the Act seeks to maintain cultural and social sensitivities while ensuring
that marriages within these specified relationships are not legally valid.
In essence, Section 5(iv) serves to protect the sanctity and societal norms surrounding
Hindu marriages by preventing unions within certain close familial relationships, thus
upholding the integrity and legitimacy of such marriages while respecting cultural and
social values.
(v) BEYOND SAPINDA RELATIONSHIP:
Section 5(v) of the Hindu Marriage Act, 1955, is a significant provision that addresses
an essential condition for a Hindu marriage to be legally valid. This provision pertains
to the concept of prohibited sapindas within Hindu marriages. Here's a brief note on
Section 5(v):
Section 5(v) of the Hindu Marriage Act, 1955, deals with the concept of prohibited
sapindas in Hindu marriages. It states that a marriage is considered void if it occurs
between parties who are within the prohibited degrees of sapinda relationships.
Prohibited sapindas are individuals who are closely related through blood or marriage,
and this provision aims to prevent marriages within such closely related circles. The Act
provides a specific list of relationships that are considered prohibited sapindas, and
marriages within these relationships are not legally valid.
Section 5(v) serves to maintain the sanctity of Hindu marriages by ensuring that unions
do not take place between individuals who are closely related, thereby respecting the
cultural and social norms and values surrounding these relationships.
In summary, Section 5(v) of the Hindu Marriage Act plays a crucial role in upholding
the integrity and legality of Hindu marriages by preventing unions within prohibited
sapinda relationships and respecting cultural and societal sensitivities.
According to section 7 of Hindu marriage act,1955, Ceremonies for a Hindu marriage
—
(1) A Hindu marriage may be solemnized in accordance with the customary rites
and ceremonies of either party thereto:
Section 7(i) of the Hindu Marriage Act, 1955, specifies the essential requirements for a
valid Hindu marriage ceremony. It states that a Hindu marriage must be solemnized with
appropriate ceremonies and customs recognized by the community to which the parties
belong.
This provision underscores the importance of adhering to customary practices and
rituals specific to the Hindu community during the marriage ceremony. It acknowledges
the diversity within Hinduism, where different sects and communities may have their
own traditions and customs for solemnizing marriages.
Section 7(i) promotes the preservation of cultural and religious practices while ensuring
that a Hindu marriage is celebrated with the appropriate rituals and ceremonies. This
recognition of customs and traditions is vital for the sanctity and legality of the marriage.
In summary, Section 7(i) of the Hindu Marriage Act emphasizes the significance of
following the customs and ceremonies accepted by the parties' community for the
solemnization of a Hindu marriage, thereby respecting the rich cultural and religious
heritage associated with Hindu marriages.
(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of
seven steps by the bridegroom and the bride jointly before the sacred fire), the
marriage becomes complete and binding when the seventh step is taken:
Section 7(ii) of the Hindu Marriage Act, 1955, outlines a fundamental requirement for
a valid Hindu marriage. It states that the marriage must be performed with proper
ceremonies and in accordance with the customary rites and rituals of either party.
This provision recognizes the diversity within Hinduism, where different communities
and sects may have their own unique customs and traditions for solemnizing marriages.
Section 7(ii) ensures that the marriage ceremony follows the customary practices and
rituals acknowledged by either the bride's or groom's community.
By emphasizing the importance of adhering to these customs, Section 7(ii) upholds the
sanctity and legality of Hindu marriages, respecting the cultural and religious traditions
that play a significant role in these unions.
In essence, Section 7(ii) of the Hindu Marriage Act underscores the significance of
conducting a Hindu marriage with the appropriate customary ceremonies and rituals
associated with the parties' respective communities, thereby preserving the rich cultural
and religious heritage of Hindu matrimonial celebrations.
 Conclusion

In conclusion, the essentials of Hindu marriage, as outlined in the Hindu Marriage Act
of 1955, form the bedrock of legal and cultural principles that govern Hindu unions in
India. These essentials serve to safeguard the sanctity, legality, and integrity of Hindu
marriages while respecting the diverse customs, traditions, and beliefs within the
Hindu community.
The core essentials include considerations of age and mental capacity to ensure that
marriages are consensual and entered into by parties of sound mind. Prohibitions
against bigamy or polygamy (Section 5(iv) and Section 5(v)) uphold the principle of
monogamy and prevent unions within closely related circles (prohibited sapindas),
thereby protecting the sanctity of marriage and societal norms.
Furthermore, Section 7 emphasizes the importance of adhering to customary practices
and rituals specific to the community to which the parties belong, recognizing and
respecting the rich cultural and religious heritage of Hindu marriages.
These essentials collectively contribute to the preservation of individual rights, the
prevention of child marriages, the protection of the sanctity of marriage, and the
promotion of responsible and legally valid Hindu unions. They underscore the
significance of customs and traditions while respecting the diversity that characterizes
the Hindu community, both in terms of beliefs and rituals. Overall, these essentials are
essential pillars in the legal framework that governs Hindu marriages in India.
 REFERENCES
1) https://blog.ipleaders.in/
2) https://www.ourlegalworld.com
3) https://papers.ssrn.com/
4) https://highcourtchd.gov.in