Conditions of a Valid Hindu Marriage Under the Hindu Marriage Act

A Hindu marriage is valid when the five conditions in Section 5 of the Hindu Marriage Act, 1955 are met and the marriage is solemnised with the ceremonies Section 7 requires. The conditions are: no living spouse, sound mind, the minimum age (21 for the bridegroom, 18 for the bride), no prohibited relationship and no sapinda relationship, the last two unless a custom allows it. Breaking some conditions makes the marriage void, breaking others makes it voidable, and breaking the age rule leads to punishment and child marriage law consequences.

This explainer is written for B.A. LL.B. and LL.B. students preparing for family law papers, and for anyone in Tamil Nadu who wants to know whether a marriage will stand up in court. A wrong assumption here can affect maintenance, inheritance and even criminal liability, so the details matter.

What are the five conditions in Section 5?

Section 5 says a marriage may be solemnised between any two Hindus if these conditions are fulfilled:

1. Monogamy, clause (i): neither party has a spouse living at the time of the marriage.
2. Mental capacity, clause (ii): neither party is incapable of valid consent because of unsoundness of mind, or suffering from mental disorder that makes them unfit for marriage and procreation, or subject to recurrent attacks of insanity. The words "or epilepsy" were removed by the Marriage Laws (Amendment) Act, 1999.
3. Age, clause (iii): the bridegroom has completed 21 years and the bride 18 years.
4. Prohibited degrees, clause (iv): the parties are not within the degrees of prohibited relationship defined in Section 3(g), unless the custom or usage governing each of them permits the marriage.
5. Sapinda relationship, clause (v): the parties are not sapindas of each other, unless custom permits. Under Section 3(f), the sapinda relationship goes up to the third generation (inclusive) through the mother and the fifth (inclusive) through the father.

The custom exception matters in South India, where some communities have long accepted marriages between certain close relatives. A party relying on custom must prove that the custom governs both sides.

Why are the ceremonies under Section 7 a separate requirement?

Meeting Section 5 is not enough. Section 7 says a Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party, and where those rites include the saptapadi, the marriage becomes complete and binding when the seventh step is taken.

In Dolly Rani v. Manish Kumar Chanchal (2024 INSC 355, decided 19 April 2024), the Supreme Court held that where the parties did not undergo the required ceremony, there is no Hindu marriage under Section 7, and a registration certificate does not cure that defect. Registration proves a marriage that actually took place. It cannot create one.

How does Tamil Nadu treat self-respect marriages?

Tamil Nadu added Section 7A through the Hindu Marriage (Tamil Nadu Amendment) Act, 1967. It recognises suyamariyathai and seerthiruththa marriages solemnised in the presence of relatives, friends or other persons. Any one of these is enough: each party declaring, in a language both understand, that they take the other as spouse; garlanding each other or putting a ring on the other's finger; or tying the thali.

In S. Nagalingam v. Sivagami (2001) 7 SCC 487, the Supreme Court upheld such marriages and noted that a priest is not needed. In Ilavarasan v. Superintendent of Police (decided 28 August 2023), the Court held that a public declaration is not mandatory under Section 7A, so a couple does not lose the protection of the section simply because the ceremony was small or private.

What happens if a condition is broken?

• Void (Section 11): a marriage that breaks clause (i), (iv) or (v) of Section 5 is null and void, and either party may seek a decree of nullity.
• Voidable (Section 12): a breach of clause (ii) makes the marriage voidable, as do impotence, consent obtained by force or fraud, and pregnancy by another person at the time of marriage. Some grounds carry a one year limit.
• Age (clause iii): Section 11 does not list it, so the marriage is not void under this Act. Under Section 18, a person who procures such a marriage faces rigorous imprisonment up to two years, fine up to one lakh rupees, or both. Breaching clause (iv) or (v) carries simple imprisonment up to one month, fine up to one thousand rupees, or both.
• Child marriage law: under Section 3 of the Prohibition of Child Marriage Act, 2006, a child marriage is voidable at the option of the party who was a child, by petition filed before that person completes two years after attaining majority. Section 12 of that Act makes it void where the minor was enticed, forced or sold.
• Bigamy: Section 17 of the Hindu Marriage Act makes a second marriage during a spouse's lifetime void and attracts the penal law. Since 1 July 2024 that offence is Section 82 of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 494 and 495 IPC): up to seven years, or up to ten years if the earlier marriage was concealed.

What are the consequences for the spouse and children?

In Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988), the Supreme Court held that a marriage in breach of Section 5(i) is void from inception, so the woman could not claim maintenance as a "wife" under Section 125 CrPC (now Section 144 of the BNSS). The position under the Hindu Marriage Act itself is different. In Sukhdev Singh v. Sukhbir Kaur (12 February 2025), a three judge bench held that a spouse of a void marriage may claim permanent alimony under Section 25 and interim maintenance under Section 24, and criticised the phrase "illegitimate wife" as an affront to dignity.

Children are protected. Section 16 treats children of void and voidable marriages as legitimate. In Revanasiddappa v. Mallikarjun (2023 INSC 783), a three judge bench held that such children take a share in their parents' property, including the father's share worked out on a notional partition, but do not become coparceners by birth.

Is registration compulsory in Tamil Nadu?

Yes, for marriages from 24 November 2009. The Tamil Nadu Registration of Marriages Act, 2009 requires every marriage, of any religion, to be registered. The memorandum goes to the Registrar of the area where the marriage took place within 90 days. A memorandum filed after 90 days attracts a higher fee (the 2009 press release set Rs.100 for timely filing and Rs.150 for late filing). Failure to register is punishable, but non-registration alone does not make the marriage invalid. Section 8(5) of the Hindu Marriage Act says the same. Fees have changed since 2009, so check the current amount with the Sub-Registrar office before filing.

How should you write this answer in an exam?

1. Open with Section 5 and list all five conditions with clause numbers.
2. Add Section 7 (and Section 7A for Tamil Nadu) to show that ceremonies are a separate requirement.
3. Draw a table or list matching each breach to its result: void (Section 11), voidable (Section 12) or punishable (Section 18).
4. Cite two or three cases, for example Yamunabai, Dolly Rani and Sukhdev Singh.
5. Close with the BNS Section 82 pointer for bigamy and the Section 16 protection for children.

Problem questions often combine facts: a couple in Nagercoil exchange garlands before friends, one party is 19, and the man's first wife is alive. Test each fact against each clause before writing your conclusion. If you face a real dispute, the college legal aid clinic can point you to free legal services.

Sources

• Dolly Rani v. Manish Kumar Chanchal (Supreme Court, 2024): judgment on Sections 7 and 8.
• Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (Supreme Court, 1988): judgment on void marriages and maintenance.
• Revanasiddappa v. Mallikarjun (Supreme Court, 2023): judgment on Section 16.
• Government of Tamil Nadu press release, 2009: compulsory marriage registration.
• Prohibition of Child Marriage Act, 2006: Gazette text of the Act.
• Supreme Court Observer on Sukhdev Singh v. Sukhbir Kaur (2025): report on maintenance in void marriages.