Step 1: Understanding the Concept:
The Hindu Marriage Act, 1955, codifies the law relating to marriage among Hindus. It lays down specific conditions that must be fulfilled for a marriage to be considered valid.
Step 2: Detailed Explanation:
Section 5 of the Hindu Marriage Act, 1955, is titled "Conditions for a Hindu marriage". It states that a marriage may be solemnized between any two Hindus, if the following conditions are fulfilled:
(i) neither party has a spouse living at the time of the marriage (monogamy);
(ii) at the time of the marriage, neither party is incapable of giving a valid consent due to unsoundness of mind, or is suffering from mental disorder of such a kind as to be unfit for marriage and the procreation of children, or has been subject to recurrent attacks of insanity;
(iii) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years;
(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.
Other sections mentioned are:
- Section 9: Restitution of Conjugal Rights.
- Section 10: Judicial Separation.
- Section 13: Divorce.