1.Monogamy (Section 5(i))
Neither spouse should be married to someone else at the moment of marriage.
This forbids bigamy or polygamy and enforces monogamy. According to Section 11, if one of the parties is already married to another living person, the marriage shall be null and void.
For instance, if Hindu A tries to wed C after already being married to B, their union is null and void until the previous marriage is formally annulled.
2. Mental Capacity (Section 5(ii))
At the moment of marriage, neither party should be incapable of giving legal consent due to unsound mind, or suffer from a mental disease that renders them unfit for marriage and childbearing.
Experience recurring insanity bouts.
Both spouses are thereby able to comprehend the character and responsibilities of marriage.
3. Age of Marriage (Section 5(iii))
At the time of their marriage, the boy must be at least 21 years old, and the girl must be at least 18 years old.
This condition seeks to prevent child marriage. Marriages that violate this provision are not automatically void, but they may be voidable in certain situations (for example, if contested under Section 12).
Amendment Context:
The bride’s minimum age was raised from 15 to 18 in accordance with social changes and gender equality.
4. Prohibited Degrees of Relationship (Section 5(iv))
The parties are not allowed to be in the “degrees of prohibited relationship” unless allowed by custom or practice that applies to both parties.
Section 3(g) defines prohibited relationships, which include close relatives (such as siblings, parents-children, and certain in-laws).
According to Section 11, a marriage between prohibited degrees is void unless allowed by a legitimate tradition.
Example: Marriage between a brother and a sister is void, but certain traditional marriages (such as cross-cousin marriages in South India) may be legitimate if both parties’ customs are recognised.
5. Sapinda Relationship (Section 5(v))
The parties may not be “sapindas” of one another unless approved by tradition or usage ruling both parties.
The term “Spinda” (occasionally spelt “Sapinda”) in the Hindu Marriage Act of 1955 refers to a unique kinship tie that establishes the prohibited levels of marriage under Hindu law.
Meaning of Spinda (Sapinda):
Sapinda refers to a person who is related to others through ancestors throughout specific generations.
Section 3(f) of the Hindu Marriage Act states that two people are “Sapindas” if they are connected to each other within 5 generations on the father’s side (paternal lineage).
-They are linked within three generations on the mother’s side (maternal line).
-Marriage between Sapindas is prohibited unless allowed by custom (Section 5(v) of the Act).
Examples of Sapinda Relationships
Suppose we have two people, Arun and Bina:
Arun and Bina have a common ancestor: their maternal great-grandmother. To see if they’re Sapindas:
- Arun represents the first generation.
- His mother is from the second generation.
- His maternal grandmother represents the third generation.
His maternal great-grandmother represents the fourth generation.
The shared ancestor (maternal great-grandmother) is outside the Sapinda limit (third generation) since the HMA prohibits marriages between three generations on the maternal side. As a result, Arun and Bina are not Sapindas on the maternal side, and their marriage is not forbidden by Section 5(v) of the HMA based solely on this kinship.
If Arun and Bina have a paternal great-grandfather (a common ancestor within five generations on the paternal side), then Arun is the first generation.
- His father is from the second generation.
- His paternal grandfather represents the third generation.
- His paternal great-grandfather represents the fourth generation.
Because the paternal great-grandfather is inside the fifth generation limit, Arun and Bina would be deemed Sapindas on the paternal side, and their marriage would be invalid under Sections 5(v) and 11 of the HMA unless a valid custom permits such a marriage.
Consequences of Noncompliance:
A violation of Sections 5(i), (iv), or (v) renders the marriage void under Section 11.
Violation of Section 5(ii) or (iii) may render the marriage voidable under Section 12, depending on the circumstances.
Judicial Interpretation: Courts have stressed that the conditions seek to strike a balance between Hindu traditions and contemporary legal standards.
In Bhaurao Shankar Lokhande v. State of Maharashtra (1965), the Supreme Court clarified that a marriage must meet Section 5(i) to be legitimate.
A hypothetical scenario based on Harihar Prasad v. Balmiki Prasad (1974):
A couple, say Anil and Sunita, married only to realise they were Sapindas since they shared a common paternal great-great-grandfather (5th generation). Their marriage was declared void under Section 5(v).
They maintained that such marriages were acceptable under communal tradition. However, the court determined that they had failed to produce clear and unmistakable proof of a long-standing custom with “force of law.” Consequently, their marriage was pronounced null and void.
Conclusion
The Hindu Marriage Act of 1955’s requirements for a Hindu marriage, which place a strong emphasis on monogamy, age and mental fitness, free consent, and observance of customary rites, guarantee the union’s legal and cultural integrity. By upholding the customary aspects of Hindu marriages and protecting both spouses’ rights, these clauses encourage equity and respect for one another.
