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What is Section 5 of the Hindu Marriage Act?

(i) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v.

In which case did the Supreme court held that all condition under section 5 of Hindu Marriage Act 1955 or not mandatory?

Hindu Marriage Act, 1955 has laid down few necessary conditions for a valid Hindu Marriage. This is given under section 5 of the Act. In Lila Gupta vs Laxmi Narain & Ors [AIR 1978 SC 1351], the apex court held that all conditions under section 5 of the Act are not mandatory.

What are the conditions of a valid marriage?

Thus, in order to constitute a valid Hindu marriage under Hindu law, parties to marriage should be monogamous, should have sound mind, should be major by age and should be beyond prohibited degree. A marriage fulfilling these conditions is considered to be valid and have effect under the Hindu Marriage Act, 1955.

What does Section 7 of the Hindu Marriage Act provide?

7. Ceremonies for a Hindu marriage. —(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

Which are the three grounds for void marriage?

Following are the grounds for it:

  • Either party has a living spouse.
  • Either party was incapable of giving valid consent due to unsoundness of mind or mental illness or unfit to the procreation of children.
  • Parties are under aged.
  • Parties are in a relation of a prohibited degree.
  • Impotency of respondent.

What is degree of prohibited relationship?

In law, a prohibited degree of kinship refers to a degree of consanguinity (blood relatedness) and sometimes affinity (relation by marriage or sexual relationship) between persons that results in certain actions between them being illegal. Two major examples of prohibited degrees are found in incest and nepotism.

Which marriage is not valid in India?

Solemnizing Second Marriage after embracing Islam : The Supreme Court in “Sarla Mudgal v. Union of India AIR 1995 SC 1531” declared the second marriage done under Islam void. It will be considered as, which is prohibited under the Hindu Marriage Act, 1955.

What makes a marriage invalid in India?

Nullity of Marriage Under Special Marriage Act, 1954 Either party has a living spouse. Either party was incapable of giving valid consent due to unsoundness of mind or mental illness or unfit to the procreation of children. Parties are under aged. Parties are in a relation of a prohibited degree.

What is cruelty in divorce?

Cruelty includes voluntary conduct reprehensible in nature or which is a departure from the normal standards of conjugal kindness on the part of one party to a marriage thereby occasioning injury to the health of the other spouse or a reasonable apprehension of it on the part of that other spouse and being conduct …

What is the section 9 of Hindu Marriage Act?

Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the …

What are the conditions under Section 5 of the Hindu Marriage Act?

Any Hindu marriage contravening the last two conditions of Section 5 will be declared null, and void under Section 11 of the Act. But, the notable factor for the fourth and fifth conditions under Section 5 is that both allow custom to prevail over any other rules or regulations.

What is Hindu Marriage Act of 1955?

Jitender Kumar Sharma vs State & Another The Hindu Marriage Act of 1955 is a codified law governing Hindu marriages. On becoming a codified law on 18th May 1955, the Hindu Marriage Act, 1955 became applicable for all Hindus, Buddhists, Jains, or Sikhs.

What are the two consensual elements of marriage under the law?

If one gives a bare reading of Section 5 of the Act, two consensual elements can be located in the second, and third condition that lays down age, and stability of mind respectively. In support of these two elements appears Section 11, and 12 that ensures prevention of erosion of consent, declaring marriages as void, and voidable respectively.