Essentials of Hindu Marriage

Gopal Krishna v. Varkat, (1914) 37 Mad. 273 :

Gopal Krishna v. Varkat, (1914) 37 Mad. 273 :

Madras High court observed that the importance of the institution of marriage becomes distinct by the fact that religion regard it as one of the sanskaras essential for purifying the body from hereditary taints.

Marriage is a religious institution intended to fulfil religious duties and to achieve the higher ends of life, namely, _______, ______, _______ and _____. It is binding on every Hindu to marry unless he has taken a vow to lead the life of a ________ and ___________.

Marriage is a religious institution intended to fulfil religious duties and to achieve the higher ends of life, namely, Dharma, Artha, Kama and Moksha. It is binding on every Hindu to marry unless he has taken a vow to lead the life of a perpetual celibacy and abstinence.

4 Approved forms of Marriages

Approved forms of Marriages

► 1. Brahma

► 2. Daiva

► 3.Arsha

► 4. Prajapatya

4 Unapproved forms of Marriages

Unapproved forms of Marriages

► 1. Asura

► 2. Gandharva

► 3. Rakshasa

► 4. Paishach

S.5 of HMA provides for the essentials of a Hindu Marriage: 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 _____ 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 _________ 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 3 [***];]

(iii) the bridegroom has completed the age of __________and the bride, the age of _______ at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing ______ permits of a marriage between the two;

(v) the parties are not_______ of each other, unless the custom or usage governing each of them permits of a marriage between the two.

S.5 of HMA provides for the essentials of a Hindu Marriage: 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 3 [***];]

(iii) the bridegroom has completed the age of 21 and the bride, the age of 18 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.

RAMESH KUMAR V. KANNAPURAM GRAMAPANCHAYAT, AIR 1998 Ker 95:

RAMESH KUMAR V. KANNAPURAM GRAMAPANCHAYAT, AIR 1998 Ker 95:

A Japanese lady following Buddhism visited India on a temporary visa and got married in accordance with the customary rites of Nair community. The Kerala High Court held that as the lady was not a permanent resident of India, the HMA does not apply to her and cannot be registered under section 8 of the Act.

VINAY NAIR v. CORPORATION OF KOCHI, AIR 2006 Ker 275;

However, in the subsequent case of VINAY NAIR v. CORPORATION OF KOCHI, AIR 2006 Ker 275;

The marriage of a Canadian with an Indian Hindu domiciled in India was held as valid. The groom was born in Canada and acquired Canadian citizenship. He got married with an Indian Hindu girl in accordance with the customary rites of Nair community. His application for registration of marriage was rejected on ground of his Canadian domicile. But the order was reversed by the Kerala High court and directed Cochin Corporation to issue the certificate.

Varindra Singh v. State of Rajasthan, 2005 (2) HLR 544 (Raj) ;

Varindra Singh v. State of Rajasthan, 2005 (2) HLR 544 (Raj) ;

It was held that where petitioner who was a Hindu residing in Canada but married under the HMA in India, the Registrar cannot refuse registration of marriage.

Flg Officer Rajiv Gakhar v. Bhavna @ Sahar Wasif, AIR 2011 SC 2053:

Flg Officer Rajiv Gakhar v. Bhavna @ Sahar Wasif, AIR 2011 SC 2053:

The lady in present case at the time of marriage had made a declaration stating that she was spinster and a Hindu. However, later it was found that she was earlier married and had two children from her previous marriage. She followed the Islamic faith at that time and her name was Sahar. The husband filed a case before the court for dissolution of their marriage. The court held that the marriage was valid as after the dissolution of her first marriage the respondent had changed her faith to Hinduism. The court observed that the crucial time to determine the religious status of the parties is date of marriage

Ga Arife @ Arti Sharma v. Gopal Dutt Sharma, (2010) II DMC 424 (Del.)

Ga Arife @ Arti Sharma v. Gopal Dutt Sharma, (2010) II DMC 424 (Del.) ;

Where wife’s conversion from Islam to Hinduism before marriage was not proved, it was held that there could be no marriage under HMA and so she could not claim divorce under the provisions of this Act.

Gullipilli Sowria Raj v. Bhandari Pavani, AIR 2009 SC 1085 ;

Gullipilli Sowria Raj v. Bhandari Pavani, AIR 2009 SC 1085 ;

A marriage performed between a Hindu and a Christian performed in a temple by exchange of thali and later got registered under section 8 of the Act, is a void marriage.

Bigamy is punishable under s. __ HMA read with s.494 IPC.

Bigamy is punishable under s. 17 HMA read with s.494 IPC.

G. Sambireddy v. G. Jayamma, AIR 1972 AP 156 ;

G. Sambireddy v. G. Jayamma, AIR 1972 AP 156 ;

section11 and 17 of HMA were challenged to be violative of Part III of Indian Constitution. However, the court referring to its previous decisions held that the legislature can introduce new laws in order to bring in social reforms. Thereby, the sections were declared as valid.

Sarla Mudgal v. Union Of India, AIR 1995 SC 1531:

Sarla Mudgal v. Union Of India, AIR 1995 SC 1531 ;

4 Hindu men had converted to Islam in order to undertake a second marriage as the same wasn’t permissible under Hindu laws. It was held that such a conversion wasn’t valid in the eye of law and the marriages were declared as invalid.

The present provision was introduced by the way of an amendment in the year 1976. Unsoundness can lead to the following consequences and are of the following types:

i. Unsoundness where a person is unable to give _______at the time of marriage makes the marriage as voidable at the option of the other party.

ii. The person is unable to _________and unfit for marriage.

iii. Suffering from such _______attacks.

The present provision was introduced by the way of an amendment in the year 1976. Unsoundness can lead to the following consequences and are of the following types:

i. Unsoundness where a person is unable to give consent at the time of marriage makes the marriage as voidable at the option of the other party.

ii. The person is unable to procreate children and unfit for marriage.

iii. Suffering from such recurrent attacks.

Whysall v. Whysall, (1959) 3 All ER 389 (396).

The earliest available case noted on this issue is of Whysall v. Whysall, (1959) 3 All ER 389 (396).

In order to decide the nature and degree of unsoundness of mind which can furnish a good ground to nullify a marriage, the English Courts took help of the provisions of S. 90 of their Lunacy Act and it has been understood that the degree of unsoundness of mind for breaking a marriage should be that a person complained of "is incapable of managing himself and his affairs" and 'affairs' as used in the Lunacy Act was understood to include 'the problems of society and of married life' and the test of ability to manage affairs is that to be required of the reasonable.

Benett v. Benett, (1969) 1 All ER 539 :

Benett v. Benett, (1969) 1 All ER 539 :

A person is unfit for marriage if he/she is unable to carry out the obligations and duties arising out of a marriage.

Parvati Mishra v. Jagadananda, (1994) 78 CLJ 561:

Parvati Mishra v. Jagadananda, (1994) 78 CLJ 561:

It was held the feeble mindedness or dullness of mind doesn’t fall under section 5(2) of the Act. Thus, doesn’t make a person of unsound mind.

Subodh Saha v. Ajanta Saha (2000) 2 CWN 323:

Subodh Saha v. Ajanta Saha (2000) 2 CWN 323:

The wife aged 20 years and the husband aged 37 years filed a case before the court for the nullity of marriage on the ground of difference in their age. The court held that there is no maximum age of marriage prescribe by the Act. However, non-performance of obligations cannot be eliminated.

Mallikarjuniah v. HC Gowramma AIR 1997 Kant. 77:

Mallikarjuniah v. HC Gowramma AIR 1997 Kant. 77:

The court held that the objective behind introducing the clause was not to declare the marriage as void because of the different strata's that exist in the Indian society. however, the punishment for the same is prescribed under s.18 of the Act.

S. 3(g) of the Act provides for the degrees of prohibited relationship:

i. If one is the ______ascendant of the other.

ii. If one was the wife or husband of a lineal _____or _________.

iii. Wife of brother or of father’s and mother’s brother or grandfather’s or grandmother’s brother.

iv. A brother or sister, uncle or aunt, nephew, children of brother and children of sister

S. 3(g) of the Act provides for the degrees of prohibited relationship:

i. If one is the lineal ascendant of the other.

ii. If one was the wife or husband of a lineal ascendant or descendant.

iii. Wife of brother or of father’s and mother’s brother or grandfather’s or grandmother’s brother.

iv. A brother or sister, uncle or aunt, nephew, children of brother and children of sister

Shakuntla Devi v. Amarnath AIR 1982 P&H 221:

Shakuntla Devi v. Amarnath AIR 1982 P&H 221:

The court held that a marriage within the prohibited relationship is void unless the custom governing both the parties to the marriage provides for it . The burden of proving the custom is on the party claiming for it.

Example of such custom are the custom in South India, where the marriage between a girl with her maternal uncle is considered desirable, as held in Venkata v. Subhadra, 7 Mad 548.

Baluswami Reddiar v. Balakrishna Reddiar, AIR 1957 Mad 97:

Baluswami Reddiar v. Balakrishna Reddiar, AIR 1957 Mad 97:

A custom prevailed in the community that a man can marry his own daughter’s daughter. The court held such a custom to be invalid as being opposed to public order and morality.

S. 3(f) of the Act defines Sapinda relationship as : i. 3 generations from mother’s side. ii. 5 generations from father’s side.

Section 3(f)(i) of the Act says that a sapinda relationship, with reference to any person, extends_____ generation) in the line of ascent through the mother, and the ______ generation (inclusive of the ______ generation) in the line of ascent through the father. 

In determining the sapinda relationship, the line is always to be traced upwards from the person concerned, and such a person has to be counted as the _____ generation. 

This also includes full blood, half-blood and uterine blood relationship; legitimate as well as illegitimate blood relationship; blood relationship including relationship by adoption.

S. 3(f) of the Act defines Sapinda relationship as : i. 3 generations from mother’s side. ii. 5 generations from father’s side.

Section 3(f)(i) of the Act says that a sapinda relationship, with reference to any person, extends as far as the third generation (inclusive of the third generation) in the line of ascent through the mother, and the fifth-generation (inclusive of the fifth generation) in the line of ascent through the father.

In determining the sapinda relationship, the line is always to be traced upwards from the person concerned, and such a person has to be counted as the first generation.

This also includes full blood, half-blood and uterine blood relationship; legitimate as well as illegitimate blood relationship; blood relationship including relationship by adoption.

According to old Hindu Law, when two persons offer Pinda to same ancestors, then it is said that they are in a sapinda relationship.

There are two theories propounded for this________ Theory. According to this theory, Pinda means the ball of rice offered at a sraddha ceremony to deceased ancestors.

The second theory is Vijnaneswara’s
__________ Theory. According to this theory, Pinda means body. Therefore, sapinda relationships are those relationships which are connected through the body. In other words, two persons would be sapinda relationship when they have a common ancestor.

According to old Hindu Law, when two persons offer Pinda to same ancestors, then it is said that they are in a sapinda relationship.

There are two theories propounded for this kind of relationship. The first one is Jimutavahana (oblation) Theory. According to this theory, Pinda means the ball of rice offered at a sraddha ceremony to deceased ancestors.

The second theory is Vijnaneswara’s (particles of the same body) Theory. According to this theory, Pinda means body. Therefore, sapinda relationships are those relationships which are connected through the body. In other words, two persons would be sapinda relationship when they have a common ancestor.

Arun Laxman Rao v. Meena Arun AIR 2006 Bom 342 (DB):

Arun Laxman Rao v. Meena Arun AIR 2006 Bom 342 (DB):

The husband approached the court for the dissolution of marriage on the ground that he and his wife fell with the sapinda. The wife however, claimed for a custom but couldn’t establish its continuity. Thus, the court held the marriage as void.

Vadde Rama Rao v. State of AP, (1989) 3 ALT 529 (AP)

Vadde Rama Rao v. State of AP, (1989) 3 ALT 529 (AP)

Marriage performed in a novel form is not a valid marriage.

Darbara Singh v. Jaswant Kaur, AIR 2014 P&H 100

Darbara Singh v. Jaswant Kaur, AIR 2014 P&H 100;

Karewa marriage was held to be valid as duly recognized under the customary practices of the parties.

Jagdish v. Shobha, 2006 (2) HLR 608 (Bom.):

Jagdish v. Shobha, 2006 (2) HLR 608 (Bom.):

Where the parties were Buddhists and the husband tied marriage necklace and also applied vermillion on the wife’s forehead in presence of several people, except her father, the same being permissible under their custom, the marriage was considered to be valid.

Smt. Neera v. Har Kaur, 1989 (1) HLR 125 (P&H):

Smt. Neera v. Har Kaur, 1989 (1) HLR 125 (P&H):

Anand Karaj

Jalsi Kaur v. Emperor, AIR 1933 Pat 471 : 

Jalsi Kaur v. Emperor, AIR 1933 Pat 471 : Sindurdan

Maharaja of Kolhapur v. Sundaram Aiyar, AIR 1925 Mad 497 :

Maharaja of Kolhapur v. Sundaram Aiyar, AIR 1925 Mad 497 :

Katar

Rajdei v. Lautan, AIR 1980 All 109 :

Rajdei v. Lautan, AIR 1980 All 109 :

Pau Puja

Ramlal Agarwal v. Shanta Devi, I (2000) DMC 640:

Ramlal Agarwal v. Shanta Devi, I (2000) DMC 640 :

Kanyadan- Ritual of the past.

Shruti Agnihotri vs. Anand Kumar Srivastava 2024 LiveLaw (AB) 436:

Shruti Agnihotri vs. Anand Kumar Srivastava 2024 LiveLaw (AB) 436:

On performance of Saptapadi in a Hindu marriage, according to 'Rig Veda', after completing the seventh step (Saptapadi) the bridegroom says to his bride, "with seven steps we have become friends (sakha). May I attain to friendship with thee; may I not be separated from they friendship." Therefore, this ceremony is necessary unless of course it is proved that it is not the custom in a particular area.