Is Marriage done in violation of minimum age limit is voidable or nullified under Hindu marriage law?


Is Marriage done in violation of minimum age limit is voidable or nullified under Hindu marriage law?


As we study about the Section 5 in The Hindu Marriage Act, 1955 which clearly stated about the Conditions for a Hindu marriage.



    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;
    2 [(ii) at the time of the 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 insanity 3 [***];]
    (iii) the bridegroom has completed the age of 4[twenty-one years] and the bride, the age of 5[eighteen years] at the time of the marriage;
    (iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
    (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

    6 [***]

    (i) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363.
    (ii) To draw an inference merely from the fact that the spouses had no co-habitation for a short period of about a month, is neither reasonable nor permissible. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R. Lakshmi Narayan v. Santhi, AIR 2001 SC 2110.

    Hence Marriage done in violation of age restrictions as per section 5(3) of Hindu marriage act is not nullified. In the eyes of the law, this marriage is valid and there is no restriction on its registration. " untill parties oppose.

    Significantly, under Section 11 of the Hindu Marriage Act, violation of Section 5 (3) is not a condition to declare a marriage null. In fact, even under the Child Marriage Prevention Act, marriages between minors are not declared illegal. Even under Section 3 of the Prevention of Child Marriage Act, even if the bride is a minor, the marriage can only be nullified.

    Reference Judgement 

    1. R. Lakshmi Narayan v. Santhi, AIR 2001 SC 2110.
    2. Deepak kumat and another versus state of Haryana and another
    3. M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363

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