INTRODUCTION -.
Marriage , according to Hindu Law is a holy sanskar ( sacrament) and not a contract unlike Muslim Law . For valid of marriage in Hindus there are some conditions which must be fulfilled .
Section 5 of Hindu Marriage Act 1955 given some essential elements for Hindu marriage .
A marriage may be solemnized between any two Hindus :-.
It means that the marriage must be done between Hindus , because of Hindu Marriage Act 1955 only applies on Hindu marriage not any other religions it mean that a marriage which is done between ( Sikh , Buddhist , Jain , hindu) only covers under this Act .
Monogamy :- Section 5(i) Neither party has a spouse at the time of marriage . It means that at the time of marriage both parties have not any living spouse , This clause added by amendment 1976 to prohibit the bigamy . If any party do another marriage in the life time of the her or his spouse , then he or she shall be punishable for the offence of bigamy under section 494 and section 495 of IPC . This clause promote the monogamy .
Mental Capacity :- Section 5 (ii) of HMA 1955 says that at the time of marriage neither party is unsoundness of mind and not have any mental disorder and not have any attacks of insanity . Parties must be capable to understand the circumstances and able to giving his or her consent for marriage .
Age to the Parties :- Section 5( iii) of Hindu Marriage Act 1955 says that at the time of marriage the age of bridegroom has completed the age of 21 year’s and bride completed the age of 18 years . If the marriage semnized under the age of 21 year’s and 18 years then there parents and guardians shall be punishable for this because of child marriage is an offence .
Prohibited degree of relationship :- Section 5 ( iv ) , At the time of marriage the parties are not within the degree of prohibited relationship unless the custom or usage permits this . Prohibited relationship are given under section 3 (g) of Hindu Marriage Act 1955 says that two persons are said within the degree of prohibited relationship if the two are brothers and sisters , uncle and niece , aunt and nephew , or children of brother and sister . Wife of the brothers or father’s or mother’s brother or the grandmother or grandfather brother of the other .
If marriage solemnized under prohibited relationship then that marriage shall be void . But if their customs allowed this marriage then it shall not be void .
Prohibited of Sapinda Relationship :- The parties are not sapindas of each other unless the custom or usage permits this marriage . Sapinda relationship given under section 3 ( f ) of Hindu Marriage Act which says that the parties are not from the third generation of mother side and not from the fifth generation of father side . If anyone solemnized marriage under sapinda relationship then it shall be void , but if there custom allowed then it shall not be void .
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
Do follow me on Facebook, Twitter Youtube and Instagram.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com
In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.