Condition
for the valid marriage Under the Hindu marriage Act,1955:
The Hindu marriage Act ,1955 originally provides
that six condition is necessary to become a valid marriage but the Child
marriage Restraint Act,1978 omitted the six condition relating to guardianship
in marriage and now there are only five condition as pre requisites for a valid
marriage .These condition are essential for the validity of marriage. In case
of non -fulfillment of these condition
the marriage would not be deemed to be valid The condition given in the section
are binding and definite ,in absence of
which the marriage the validity of marriage becomes doubtful. Section 5 of this
Act implies with these conditions are fulfilled, namely:
Ø Monogamy: Neither
party has a living spouse at the time of marriage..
Ø Soundness of mind: Neither
party at the time of marriage :
a) Is
in capable of giving valid consent to it in consequence of unsoundness of mind;
b) Although it is in capable of giving a sound assent and has been affected by psychological disorder of such type or to such an extent on be unfit for wedding and therefore the professional creation of youngsters.
c)
Has been subject to recurrent
attacks of insanity or epilepsy.
Ø Age of marriage: the bride groom has completed the age of 21 years and the bride the age
of 18 years at the time of marriage.
Ø Beyond prohibited degrees: the parties are not with in the degrees of of prohibited
relationship unless the custom or usage
governing each of them permits of marriage between the two .
Ø 1.Section 5(1)
provides the rule of monogamy and prohibits the rule of polygamy and polyandry.
Ø Section 5(3) prescribed the Age of parties
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