Section 7 of Hindu Marriage Act, 1955
Section 7 of the Hindu Marriage Act, 1955
Text of Section 7:
"Void marriages."
A marriage solemnized between any two Hindus—
(i) if the marriage is in contravention of any of the conditions specified in Section 5; or
(ii) if the bride or the bridegroom has a spouse living at the time of the marriage; or
(iii) if the parties are within the degrees of prohibited relationship unless the custom or usage governing each of them permits a marriage between the two; or
(iv) if the parties are sapindas of each other, unless the custom or usage governing each of them permits a marriage between the two;
shall be null and void.
Explanation: For the purpose of this section, a marriage shall be deemed to have been solemnized at the place where the ceremony was performed or at the place where the parties reside after the ceremony.
Meaning of Section 7
Section 7 declares certain Hindu marriages to be void ab initio, i.e., invalid from the outset. Such marriages are considered never to have legally existed. Therefore, the parties have no marital rights or obligations towards each other, and any children born from such a marriage are legitimate.
Conditions under Section 7
A Hindu marriage is void if:
It violates conditions specified in Section 5 (e.g., age limits, monogamy, mental capacity, prohibited relationships).
Either party has a living spouse at the time of marriage (bigamy).
The parties are within prohibited degrees of relationship unless custom permits.
The parties are sapindas of each other, i.e., closely related by blood, unless custom permits.
Void vs. Voidable Marriages
Void Marriage: Declared null and void from the beginning. No legal recognition. Can be challenged by any person at any time or even by the court on its own.
Voidable Marriage (Section 12): Valid until annulled by a decree. Can only be challenged by the parties within a limited time.
Legal Effects of Void Marriage (Section 7)
No marital status is created.
No maintenance or inheritance rights arise from marriage.
Children are legitimate (Section 16).
No need for divorce; marriage can be declared null by the court.
Important Case Laws on Section 7
1. Lata Singh v. State of UP, AIR 2006 SC 2522
The Supreme Court reiterated that a marriage which falls under Section 7 is void, not voidable.
The Court held that if any of the conditions of Section 7 are violated, the marriage does not exist in the eyes of law.
This case involved issues of age and consent; it highlighted the importance of fulfilling Section 5 and 7 conditions for validity.
2. Sarla Mudgal v. Union of India, AIR 1995 SC 1531
The Supreme Court emphasized the importance of monogamy as per Section 7(ii).
If a Hindu man marries again during the lifetime of his wife, the second marriage is void.
The Court also stressed the need for awareness and reform in bigamy cases.
3. Anil Kumar v. M.P. State Social Welfare Board, AIR 1989 SC 2074
The Supreme Court held that marriages within prohibited degrees of relationship as per Section 7(iii) are void.
Even if parties perform the marriage ceremony, the law does not recognize the marriage.
4. Raj Lakshmi v. Sarat Chandra, AIR 1956 Cal 32
The Calcutta High Court held that if parties are sapindas of each other and custom does not permit the marriage, the marriage is void under Section 7(iv).
The case underlined the customary exceptions to prohibited sapinda marriages.
Detailed Explanation of Clauses
(i) Contravention of Section 5 Conditions
Section 5 includes:
Age of bridegroom must be 21 years or above.
Age of bride must be 18 years or above.
Neither party should be married.
Parties must be capable of giving valid consent.
Parties must not be within prohibited degrees of relationship.
Parties must not be sapindas of each other unless custom permits.
Violation leads to void marriage under Section 7(i).
(ii) Bigamy
If either party has a living spouse at the time of marriage.
The second marriage is void.
Polygamy is prohibited for Hindus.
(iii) Prohibited Degrees of Relationship
Marriages between close blood relations (e.g., siblings, uncle-niece) are void unless custom allows.
This is to prevent incestuous relationships.
(iv) Sapinda Relationship
Sapinda relationship is a form of kinship based on descent through a common ancestor.
If parties are sapindas (within 5 generations on father's side and 3 on mother's side) and custom does not allow marriage, it is void.
Summary Table
| Clause | Condition | Result |
|---|---|---|
| Section 7(i) | Violates Section 5 conditions | Marriage is void |
| Section 7(ii) | Bigamy (living spouse) | Marriage is void |
| Section 7(iii) | Prohibited relationship | Marriage is void |
| Section 7(iv) | Sapinda relationship | Marriage is void |
Conclusion
Section 7 is a protective provision ensuring marriages conform to essential social and legal standards.
It protects individuals from invalid marriages and safeguards social morality.
Understanding Section 7 is critical in matrimonial disputes to determine if a marriage ever legally existed.
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