Hindu Marriage Act 1955

Hindu marriage Act 1955
Section – 05 of the Hindu marriage act 1955

Contents
1. Meaning and Definition .................................................................................................................. 3
2. Eight forms of marriage before 1955 .............................................................................................. 3
3. Conditions for a valid marriage under this act................................................................................ 5
4. Case law .......................................................................................................................................... 6
5. Conclusion ....................................................................................................................................... 6
6. Reference ........................................................................................................................................ 6
1. Meaning and Definition
Marriage is defined under section -05 of the Hindu marriage act 1955. The marriage may be
performed between any two Hindus. The bride should be completed by the age of 18 years
and the bridegroom should be completed by the age of 21 years. Both people should have
valid consent. Marriage creates social ties and reciprocal rights between spouses. The new
responsibilities and new status are the acceptance of real marriage. Marriage is one of the
oldest institutions of Hindus. In marriage, the father entrusts his daughter into the hands of
a noble and physically sound mind groom who thereby becomes her husband.
2. Eight forms of marriage before 1955

The old law provides eight forms of marriage before 1955. The four of them were approved
and the remaining four of them were unapproved.
Approved marriage Unapproved marriage

Enjoyed the status of Dharmpatni and Does not enjoy such status.
consequential rights.
Marriage was viewed with respect. Marriage was considered to be disgraceful.
Forms of marriage
Approved Unapproved
Approved
Brahma Daiva Arsha Prajapatya
Unapproved
Asura Gandharva Rakshas Paishach
1. Brahma form – in this marriage the respectful invite given by the girl's father to the
bridegroom at their residence, worship him and offers him a girl as his wife with a pair
of clothes and ornaments.
2. Daiva –well-decorated girls offered by the girl family to the priest who perform the
rituals.
3. Arsha – the bride is offered to the person from whom the father accepts a pair of cows
or bulls for religious rituals only.
4. Prajapatya – in this bride’s father decorates the bride with colourful attires and after
worships her offer to the bridegroom.
5. Asur – the father or girl already takes money and then the father later gives consent to
marry the girl. sometimes it is said that in this type of marriage the girl is sold out.
6. Gandharva – In this marriage infatuated by their bond of love, the bride and groom
establish a bodily union without having performed any religious rites and ceremonies.
7. Rakshas – In this type of marriage, the girl is forcibly kidnapped and married to the
person.
8. Paishach – according to the dharmashastras this is the most criminal form of marriage.
sexual intercourse is done with the girl while she is asleep.
3. Conditions for a valid marriage under this act

These conditions are the essentials for the validity of marriage. In case of non-fulfilment of
these conditions the marriage would not be deemed to a valid.
monogamy
soundness of mind
Age of marriage
conditions for a valid
marriage
Beyond prohibited degree
Beyond Sapinda
relationship
1. Monogamy – According to section -05 (1), it means rather than multiple partners the
relationship with only one partner at a time. It can be emotional or sexual.
2. Soundness of mind – According to section -05 (2) the sufficient mental capacity to
understand their actions are included in soundness of mind. The person is not suffering from
- unsound of mind, mental disorder and insanity at the time of marriage.
3. Age of marriage – According to section -05 (3) the 18-21 years for female and 21 years for
male is a legal age of marriage.
4. Beyond prohibited degree – According to section -05 (4) a daughter cannot marry her father
or grandfather. Similarly, a mother cannot marry her son or grandson.
5. Beyond sapinda relationship – According to section -05 (5) sapinda means cousins marriage
in Hinduism. And this rule prohibits marriage between sapindas.
4. Case law
Disha Kushwaha
Vs
Rituraj Singh
Judgement – the court further observed that meaning of marriage in legal perspective is contract by
reciprocally engaging man and woman jointly in life and to discharge, duties, duties imposed on
them being husband and wife and meaning of marriage as recognized by Vedas is to maintain
Dharm, artha, kama and moksha. If any of limb is missing by an act, conduct understanding, losing
faith, trust, between the husband and wife would be called as irretrievable breakdown of marriage.
Indra sarma
Vs
V.k. sarma
Judgement - the Supreme Court has observed that, marriage is often described as one of the basic
civil rights of man and woman which is voluntarily undertaken by the parties in public in a formal
way and once concluded recognise the parties as husband and wife. There are three elements of
common law of marriage firstly, agreement to be married, secondly living together as husband and
wife, thirdly, holding out to the public that they are married, and in both sharing a common house
hold and electing to live together and afford each other reasonable marital privileges and rights and
be honest and faithful to each other.
5. Conclusion
Marriage is essential also because all the religious ceremonies and rites are to be performed
by Hindu. The performance of the religious ceremonies along with the wife is necessary
otherwise they will not bear any fruits. According to the Raghu Nandan, a Hindu marriage
implies the acceptance of the bride as wife by the groom through a ceremonial process
which is technically known as kanyadan.
6. Reference
1. https://www.advocatekhoj.com/library/lawareas/hma/eligibility.php?Title=Hindu%20M
arriage%20Act&STitle=Eligibility
2. https://www.law.cornell.edu/wex/sound_mind_and_memory#:~:text=Sound%20mind%
20and%20memory%20refers,capacity%20to%20understand%20their%20actions.
3. https://www.webmd.com/sex/what-is-
monogamy#:~:text=Monogamy%20is%20a%20relationship%20with,people%20have%20
trouble%20staying%20monogamous.
4. Book - Modern Hindu law

Hindu Marriage Act 1955 - Section - 05

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Section – 05 of the Hindu marriage act 1955

2. Eight forms of marriage before 1955

Approved marriage Unapproved marriage

Brahma Daiva Arsha Prajapatya

Asura Gandharva Rakshas Paishach

3. Conditions for a valid marriage under this act

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