What is Marriage

Objects of Marriage

1. Getting of children
2. Performance of religious ceremonies

Marriage as per religion:

Hindu Marriage

Hindu marriages are performed as per Hindu Marriage Act, 1955

“Marriage” is not defined in  Hindu Marriage act. However, conditions of marriage are mentioned under Section of Hindu Marriage Act, 1955. Section 5 is reproduced as under:

5. Condition for a Hindu Marriage.- A marriage may be solemnized between any

two Hindus, if the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party,-

(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity or epilepsy;

(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

(vi) (Omitted).

The marriage are performed between any two Hindus (Here male or females is not mentioned).

Any of the two parties must not have a living (surviving partner) spouse. Here the divorced spouse may be surviving or living, as he/she is no more a spouse.

At the time of marriage both parties should be capable of giving a valid consent, means they are mentally fit to give consent. Even though they are capable of giving a valid consent, but should not have a mental disorder of such nature that they are incapable of marriage and incapable of producing a child.

Neither of them, should have a case of recurrent attacks of insanity or epilepsy.

The age of bridegroom should not be less than 21 years and that of a bride not less than 18 years.

The parties are not be within the degrees of prohibited relationship and not to be sapindas of each other.

Here sapindas means a relationship in the line of ascent through father. The sapindas mean of the same ‘pindas’ and extends as far as the third generation on the mother’s side an up to the fifth generation on the father’s side.