Digest Hindu Marriage Act

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*Hindu Marriage Act, 1955, Ss.5(i), 11* - Annulment of marriage - Wife suppressed the factum of her earlier two marriages which were subsisting at the time when she married to respondent husband - Neither wife nor her mother denied the factum of earlier marriages - Plea of wife that she was minor at the time of earlier marriages rejected as she does not have any documentary proof and she herself stated in the form of sworn affidavit that at the time of her earlier marriage she was 18-1/2 years old - Moreover, husband disproved the contention of her wife that she was minor at the time of her earlier marriages - Marriage rightly declared as null and void - Appeal dismissed.
2015(2) Civil Court Cases 444 (P&H) (DB)

*Hindu Marriage Act, 1955, Ss.5(i), 11 and Indian Succession Act, 1925, S.384* - Marriage during subsistence of first marriage - Such marriage is null and void - Wife of such marriage is not entitled to succession certificate.
1998(3) Civil Court Cases 81 (M.P.)

*Hindu Marriage Act, 1955, Ss.5(ii), 11 & 13(1)(iii)* - Unsoundness of mind, mental disorder or insanity of a party to a marriage as described u/s 5(ii) of the Act bars solemnising the marriage - Marriage in contravention of the said conditions - Marriage cannot be declared as null and void - However, it is one of the grounds of divorce u/s 13(1)(iii) of the Act.
2012(4) Civil Court Cases 856 (Kerala) (DB)

*Hindu Marriage Act, 1955, S.5(ii)(b)* - Mental disorder - To make the case fall u/s 5(ii)(b), party should prove two things viz. (a) that spouse was suffering at the time of marriage from a mental disorder and (b) that mental disorder was of such a kind and to such an extent that made him/her unfit for marriage and procreation of children.
2018(2) Civil Court Cases 181 (T&A) (DB)

*Hindu Marriage Act, 1955, S.5(iii), 11, 18* - Child marriage - Marriage in contravention of age eligibility - Marriage in itself is an offence under various laws - However such marriage is not an invalid, illegal or null and void marriage.
2006(2) Civil Court Cases 639 (A.P.) (DB)

*Hindu Marriage Act, 1955, S.5(iii), Guardians and Wards Act, 1890, Section 12(3)* - Custody of a minor wife - Marriage with a minor girl - Does not lead to termination of marriage as the act is silent about it - As marriage was solemnised without consent of parents of the girl as such husband is not entitled to her custody till she attains majority.
2004(3) Civil Court Cases 30 (Kerala)

*Hindu Marriage Act, 1955, Ss.5(iii), 11, 12, Prohibition of Child Marriage Act, 2006, Ss.2, 3* - Marriage of a female less than 18 years of age or a male of less than 21 years of age - Marriage is voidable and not void - Marriage will become valid if no steps are taken by such "child" seeking declaration of marriage as void.
2013(1) Civil Court Cases 217 (Delhi) (FB)

*Hindu Marriage Act, 1955, Ss.5(iii), 11, 12, Prohibition of Child Marriage Act, 2006, Ss.3, 9, 12(a), 18* - A widower aged 40 married a poor and illiterate girl aged 17 years with her consent - Held, marriage in violation of Prohibition of Child Marriage Act, though invalid is not void under civil law - However, direction issued that girl, till she attains the age of 18, shall stay with her parents and not with her husband - Husband shall not consummate the marriage - It would be the responsibility of not only husband but parents of the girl also to ensure this.
2011(1) Civil Court Cases 0486 (Delhi) (DB)

*Hindu Marriage Act, 1955, Ss.5(iii), 11, 12 and 18* - Marriage performed in contravention of age limits prescribed for parties to marriage - Suit by husband for declaring marriage void for reason of that contravention - Held, husband is not entitled to that declaration - Marriage in contravention of age limits prescribed for parties is neither void under S.11 nor voidable under S.12 - It is only punishable under S.18 of the Act.
1997(1) Civil Court Cases 582 (Kant.)

*Hindu Marriage Act, 1955, Ss.5, 7* - Marriage - Hindu marriage has both religious as well as secular aspects - It is a sacrament because there is emphasis on the performance of the customary rites and ceremonies including Sapatapadi wherever it is treated as an essential ceremony for the completion of marriage - It is a contract because this Section deals with the capacity of the spouses to enter into an alliance for a marriage.
2010(4) Civil Court Cases 837 (Orissa)

*Hindu Marriage Act, 1955, Ss.5, 7* - Marriage - Of a male Hindu with a Christian female - Marriage is a nullity - Marriage can be solemnized between two Hindus - Conditions mentioned in S.5 of the Act are mandatory - A marriage can be solemnized between two Hindus if conditions mentioned in S.5 of the Act are fulfilled and marriage is solemnized according to ceremonies indicated in S.7 of the Act.
2009(1) Civil Court Cases 336 (S.C.)

*Hindu Marriage Act, 1955, Ss.5, 7* - Marriage - Validity - If one of parties is not a Hindu, merely because marriage ceremony had been conducted in accordance with Hindu religious rites, cannot validate such marriage under Hindu Marriage Act.
2018(Suppl.) Civil Court Cases 138 (Kerala)

*Hindu Marriage Act, 1955, Ss.5, 7, 8* - Marriage of a male Hindu with a Christian lady - Marriage is a nullity - Registration of such a marriage u/s 8 of the Act does not validate the same. 2009(1) Civil Court Cases 336 (S.C.)

*Hindu Marriage Act, 1955, Ss.5, 7, 11* - Marriage of a male Christian with a female Hindu solemnized in accordance with Hindu customs - Marriage is a nullity.
2010(2) Civil Court Cases 757 (Gujarat) (DB)

*Hindu Marriage Act, 1955, Ss.5, 7, 16, Hindu Succession Act, 1956, S.8* - Marriage - Proof - Deceased lived with petitioner as well as respondent and got three children each from his union with petitioner and respondent - Petitioner produced marriage certificate of Marriage Registrar - Respondent produced certificate of Sarpanch - Certificate of Sarpanch not proof of marriage as it only shows that as per electoral voters list she is shown to be residing with the deceased - Respondent also produced an order of maintenance but marriage of respondent with deceased not shown and date of marriage also not disclosed - Petitioner being the legally wedded wife of deceased and all the six children are entitled to obtain the legal dues payable to the deceased.
2011(3) Civil Court Cases 0419 (Bombay)