Concept of Marriage under Hindu Marriage Act
🔹 1. Definition & Legal Nature of Marriage under HMA
Marriage under HMA is a civil contract with religious/social recognition.
HMA does not define marriage explicitly, but Sections 5–7 prescribe conditions for a valid marriage among Hindus, Buddhists, Jains, and Sikhs.
Marriage is considered a sacrament among Hindus: a sacred union, but also a legal contract enforceable under civil law.
SC has clarified that Hindu Marriage Act does not create marriage; it recognizes and regulates it legally.
🔹 2. Essential Conditions for a Valid Marriage (Section 5 HMA)
a) Monogamy (Sec 5(i))
Neither party should have a living spouse at the time of marriage.
Remarriage allowed only after dissolution of previous marriage (divorce or death).
b) Marriageable Age (Sec 5(ii))
Groom: at least 21 years.
Bride: at least 18 years.
c) Mental Capacity (Sec 5(iii))
Parties must be capable of giving valid consent.
Must not suffer from mental disorders making them unfit to understand marriage obligations.
d) Prohibited Relationship (Sec 5(iv))
Parties must not be within prohibited degrees of relationship unless permitted under customary law.
e) Sapinda Relationship (Sec 5(v))
Marriage prohibited if parties are sapindas of each other, i.e., close blood relations.
🔹 3. Registration of Marriage
Optional under HMA for Hindus (Sec 8) in most states.
Some states make it mandatory for legal evidence or benefits like succession, inheritance, and divorce proceedings.
Registration ensures proof of marriage, but its absence does not invalidate a valid marriage.
🔹 4. Ceremonial & Religious Recognition
Marriage under HMA requires that the parties are Hindus (including Buddhists, Jains, Sikhs).
Ceremonial rites are not legally mandatory unless required by personal/customary law.
Courts often recognize marriages solely based on cohabitation and mutual consent if other formalities are absent but conditions under Sec 5 are fulfilled.
🔹 5. Legal Consequences of Marriage under HMA
Mutual rights and duties: fidelity, support, and maintenance.
Succession and inheritance rights for spouses and children.
Grounds for divorce under Sections 13 & 13B.
Legitimacy of children and guardianship rights.
🔹 6. Judicial Interpretations
a) Sarla Mudgal v. Union of India (1995) 3 SCC 635
Marriage under HMA is monogamous, and conversion of husband to Islam does not dissolve Hindu marriage.
b) Shobha Rani v. Madhukar Reddi (1988) 2 SCC 107
Mental capacity and consent are essential elements; inability to understand marital obligations can invalidate marriage.
c) Lata Singh v. State of U.P. (2006) 5 SCC 475
Marriage is personal autonomy, but must comply with HMA conditions.
Guardians’ opposition cannot prevent adult consent.
🔹 7. Modern Perspective
Marriage is increasingly viewed as a contractual and consensual relationship, though religious sanctity remains.
Courts emphasize free consent, equality, and legality over ceremonial formalities.
✅ Summary Table: Concept of Marriage under HMA
| Element | Requirement |
|---|---|
| Monogamy | Neither party married |
| Age | Groom ≥21, Bride ≥18 |
| Consent | Free and capable, no mental disorder |
| Prohibited relationship | No close blood relations or sapinda relation |
| Registration | Optional but recommended |
| Legal consequences | Rights, duties, legitimacy, divorce grounds |
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