Nature of Hindu marriage , Supreme court held that the spouse not married in accordance with the provisions of the Act (sapatpadi, rituals and custom) and therefore, they have never acquired the status of husband and wife.
Before we entering into the nature of the Hindu marriage first we have to understand the nature of the marriage. There are two types of marriage performed in the following world, one is contractual marriage and another sacrament marriage.
We will study nature of Hindu marriage in following three categorization are as :-
- Ancient Hindu law
- Permanent Union, eternal and Holy Union, sacrament.
- Nature of marriage under Hindu Marriage Act 1955
- Contractual concept of Consent divorce .
- Present situation of Hindu marriage
- Sacrament and contract.
Ancient Hindu Marriage Sapatpadi
Marriage in Hindu is one of the most precious node which are believed as never be separate till the date of life.
In ancient marriage is sacrament and performed with the custom of Sapatpadi and a permanent union between relation of spouse.
What is Sapatpadi in hindu marriage is it mandatory ?
Sapatpadi is rituals and customary part of hindu marriage which is perform as blessings of Agani (fire) by taking of 7 round , around the Agni as a oth for taking care of each other till the last breath of life .
It is most important to perform Sapatpadi in hindu marriage without this marriage can not be recognized as valid marriage.
Nature of marriage under Hindu Marriage Act 1955
It act as the contractual binding of spouse relation because it open the door of separation in it’s language know as the concept of divorce.
In it’s the set of obligations and rights reserved for both husband and wife while having their relation.
Nature of marriage under Hindu marriage Act 1995 is contractual Nature.
Present situation of Hindu marriage
In present situation the hindu marriage which constitutes as both the nature Sacrament and contract.
Sacrament as in the form of performing rituals customs of sapatpadi, and by registration of marriage Act as contractual Nature.
What is the meaning of Marriage?
Marriage is universal social institution, there are various definition, according to the custom and culture of different society of the world.
The relationship between male and female until the death of life by the recognition of culture, custom and by law can be considered as marriage.
Marriage is universal social institution which is an important part of human revolution for the continents of the family, marriage as a divine blessed according .
What is the nature of Hindu Marriage?
According to Hinduism marriage to be sacrament rather than form of social contract. Hinduism believe that all men and women practice Dharma together.
As they are created to be parents, it also state that after marrying both men and women complete by realization. In Hinduism the marriage known as Viva and there is no any concept of divorce in Hindu it is monogamous.
Legal clause of Nature of marriage under Hindu marriage Act
Section 5 of Hindu marriage Act
Section 5 of Hindu Marriage Act talk about the conditions of Hindu marriage while performing the marriage.
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled :-
Monogamy Section 5(i) of Hindu marriage act
- Section 5(i) talk about the monogamy practice means single husband and wife. Neither party should have spouse living at the time of marriage.
- Means If at time of marriage solemnization their is presence of living spouse then the 2nd marriage become void.
- Effect of Contravention of this section 5(I) is that the Marriage become null and void under Section 11 of hindu marriage act.
- And Punishment for Bigamy practice under Section 17 hindu marriage act and Under Indian penal code of section 494, and 495.
Mental health or sanity Section 5(ii) of Hindu marriage act
Section 5 of Hindu Marriage Act 1955 talk about the mental health or sanity means parties must be of sound mind and must not be suffering from any disability which prevent them from giving a valid consent.
According to the Bare Act Section 5(ii) following clauses mentioned regarding marriage performing such as mental health or sanity.
- (a) is incapable of giving a valid consent to 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.
Effect of Contravention of section 5(ii) of Hindu marriage act 1955 as the marriage will be Voidable under Section 12(1)(b).
Means if the marriage has been solemnized according to the above mentioned clause then it’s became Voidable at option of both the parties to declare marriage as void.
Age of parties Section 5(iii) of Hindu marriage act
Section 5(iii) of the Hindu Marriage Act specified the age of the parties at the time of marriage solomonization.
In this section 5(iii) the age of bridegroom means male is specified as the 21 years completed and the bride means the woman age must be 18 years completed at the time of marriage.
What if the age is below 21 and 18 years in hindu marriage ?
If the age is not completed as mentioned under Section 5(iii) of Hindu marriage act then marriage is Void and Punishment will be introduced according to mentioned in section 18 of this hindu marriage act.
- Punishment under Section 18 of Hindu marriage act.
- Prohibition of Child marriage act 2006 Voidable at the option of party who was child at the time of marriage.
Section 18 of Hindu marriage act says that Punishment for contravention of certain other conditions for a Hindu marriage.
In which the punishment of 2 years rigorous impressment or fine which may extended upto 1 lakh is imposed if the section 5 (iii) not fulfilled.
Avoidance of Prohibition relationship section 5(iv) hindu marriage act
Parties to marriage should not be within prohibited relationship mentioned under section 3(g) of Hindu Marriage Act unless their custom or usage permit so.
Effect of Contravention of section 5(iv) if marriage performed then following clauses will active :-
- Marriage void under section 11 of Hindu marriage act.
- Punishment Under Section 18 of Hindu marriage act.
- Simple imprisonment 1 month or
- fine upto 1000 or both.
Section 5(v) Avoidance of sapinda relationship
At the time of Marriage solomonization the party should not be Supindas of each other unless their usage or custom permit so.
If the marriage has been solemnized then the effect of Contravention of section 5(v) of Hindu marriage act under :-
- Marriage boy under section 11 of Hindu Marriage Act.
- Punishment under Section 18 of Hindu Marriage Act
- simple imprisonment of one month or fine upto 10000 or both.
