Question

In contravention of the condition of Section 5(iii) of the Hindu Marriage Act, 1955 (bridegroom 21 years; bride 18 years), the marriage is:

• A. Valid
• B. Voidable
• C. Void
• D. Valid but punishable

Hint:

Under HMA, under-age marriage isn’t void/voidable per se; it is valid but attracts penalties.

Answer 1

The Correct Option is D

Step 1: Nature of age condition under HMA.
Section 5(iii) prescribes minimum ages. Contravention of this clause does not render a marriage void/voidable under the HMA.
Step 2: Consequence in law.
Such a marriage remains valid; however, there is penal liability (earlier under HMA s.18, now primarily under the Prohibition of Child Marriage Act, 2006).
Step 3: Eliminate alternatives.
(a) “Valid” is incomplete without recognizing penal consequence.
(b) and (c) incorrect for marriages solemnized under HMA (unless void under the 2006 Act’s special circumstances). \[ \boxed{(d)} \]