Monday, May 30, 2011

What are the necessary conditions for a Hindu Marriage?



If you are a Hindu and have some doubts about legal status of Hindu Marriage, or want to know the answer of the question what are the necessary conditions for a Hindu Marriage? This post will help you to find out the answer.  Section 5 of Hindu Marriage Act, 1955 defines some necessary conditions 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 marriage, neither party-


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 in sanity. 
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 degree of prohibited relationship, unless the custom or usage governing each if them permits of a marriage between the two;
v.            The parties are not spaindas to each other, unless the custom or usage governing each of them permits of a marriage between the two;

What is Spandia relationship?
                 i.            Spandia relationship with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive ) in the  line of ascent through the father, the line being traced  upwards in each case from the person concerned, who is to be counted as the first generation;
               ii.            Two persons are to be ‘spaindas’ of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

What are the ‘degrees of prohibited relationship’?
Two persons are said to be within the ‘degrees of prohibited relationship’-
           i.            If one is lineal ascendant of the other; or
         ii.            If one was the wife or husband of a lineal ascendant or descendant of the other; or
       iii.            If one was the wife of the brother or  of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or
        iv.            If the two are brother and sister, uncle and niece, aunt and nephew or children of brother and sister or of two brothers or of two sisters;

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