Conditions of Valid Marriage under this Act : Monogamy – neither party has a spouse living at the time of the marriage. The parties to the marriage should not be suffering with unsoundness of mind, mental disorder, and insanity so that he or she is incapable of giving valid consent and procreation of children.
What are the conditions of a valid Hindu marriage under the Hindu Marriage Act 1955 write the effects of violation of these conditions?
The conditions are: neither party, at the time of marriage (a) is incapable of giving a valid consent due to his/her unsound mind (b) 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 (c) has been subjected to recurrent attacks of …
What are the conditions of a valid marriage under Hindu Marriage Act 1955?
Free consent is a necessary element of a Hindu Marriage. A Hindu Marriage takes in contravention of this condition is not per se void but voidable under Section 12 (1)(b) of the Act . Under section 5(iii) of the Act, at the time of marriage the male shall be minimum 21 years of age and female 18 years of age.
What is a valid marriage under Hindu Marriage Act?
The marriage is considered to be valid only if both the parties to a marriage are Hindus as per section 5 of the Act. … If either of the party is incapable of giving a valid consent at the time of solemnisation of marriage or otherwise. If either of the parties has been subject to recurrent attacks of insanity.
Who can marry under Hindu Marriage?
As per Section 2 of Hindu Marriage Act, 1955, marriage amongst Hindus in any form irrespective of caste or creed or amongst any person who is bound under Hindu Marriage Act, 1955 like Buddhists, Sikhs, Jains and so called Hindus is a Hindu Marriage.
What are three types of marriage under Hindu law?
Forms of Marriage under the Hindu Law
The ancient Hindu law recognized three forms of Shastric marriages as regular and valid. These were Brahma (bride given gift by father), Gandharva (mutual agreement of bride and bridegroom) and Asura (bride virtually sold by the father).
Why Hindu marriage is not a contract?
Even in Rig Vedas it is mentioned that marriage of Hindus was considered as a sacramental union. Hindu marriage is considered to be a religious sacrament because marriage becomes valid only when rituals and ceremonies are performed. The wife is also called as Ardhangini which is known as half of man.
What are the 5 grounds for divorce?
Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:
- Venereal disease.
- Presumption of death.
What is a void marriage under Hindu law?
In a void marriage, the parties do not have the status of husband and wife. Husband and wife have the status in the voidable marriage. In a void marriage, no decree of nullity is required. In a voidable marriage decree of nullity is required. A void marriage is none in the eyes of law.
Can two Hindus marry under SMA?
Any person, irrespective of religion. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954. Inter-religion marriages are performed under this Act.