Essential conditions of Hindu marriage

Essential conditions of Hindu marriage / Essential conditions for Hindu marriage Section 5 of the Hindu Marriage Act lays down the following conditions for Hindu marriage. (1) A marriage - Section 5 (1) of the Act stipulates that at the time of marriage, neither of the parties should have a surviving wife nor the bride should have a surviving husband. But this does not mean that the bride and groom should be single at the time of marriage. They may be unmarried, widowed or widower and divorced. Second marriage and conversion - The marriage does not end by conversion, but the other party gets the right to end the marriage. The practice and practice of multi-marriages- The Supreme Court in Dr. Surajmani v. Durgacharan Hansda, AIR 2001, observed that polygamy has been recognized under the practice and custom of the Scheduled Tribes, then in such a situation, the practice and The practice will be supreme. Marriage done outside India --- The husband had a previous wife and the first marriage took place in England before 1955. If the husband performs a second marriage during the life of the first wife, such a marriage will be void and void even if the marriage world. Has been done in some corner of Because Hindu law applies to every Hindu irrespective of where he resides. Consequences on breach of condition - According to Section 11, if the former spouse of either of the parties is alive at the time of marriage, such marriage will be void and void. Punishment --- The married couple will be punished under section 494,495 of the Indian Penal Code. (2) Not being mentally unwell --- The second condition of marriage is that the marriage parties are mentally healthy. That is, (a) should not be unable to give valid consent due to mind distortion (b) should not be disqualified for procreation. (C) Do not suffer from seizures of mania. Consequences on breach of condition - When a party has been aggrieved in any of the above ways at the time of marriage, the other party of the marriage can apply to the court and declare the marriage voidable under Section 12. (3) Age - According to Section 5 (3), at the time of marriage, the age of the bride should be 21 years and the bride's age should be 18 years. Violation of the condition results - a marriage done in violation of this condition is valid. Only those who get married can be punished. (4) Marriage not under prohibited kinship - Marriage between the parties falling into prohibited kinship will be null and void. (5) Lack of favor of the parties of the marriage - If the parties of the marriage are the SPEED, then the marriage between them will be null and void. But if the orthodoxy or practice of both parties recognizes such marriage, then the marriage will be valid.