Section 5 HMA: Conditions for a Hindu marriage

Hindu Marriage Act, 1955

Section 5 HMA at a Glance

Section 5 HMA sets the five conditions for solemnizing a marriage between two Hindus, covering monogamy, mental capacity, minimum ages of 21 years for the bridegroom and 18 years for the bride, prohibited relationships, and sapinda relationships.

Section 5 HMA Bare Act Text

5. 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 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 ***;

(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 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;

***

Amendments to this section
  • Subs. by Act 68 of 1976, s. 2, for cl. (ii) (w.e.f. 27-5-1976).
  • The words "or epilepsy" omitted by Act 39 of 1999, s. 2 (w.e.f. 29-12-1999).
  • Subs. by Act 2 of 1978, s. 6 and Sch. for "eighteen years" (w.e.f. 1-10-1978).
  • Subs. by s. 6 and Sch., ibid., for "fifteen years" (w.e.f. 1-10-1978).
  • Clause (vi) omitted by s. 6 and Sch., ibid. (w.e.f. 1-10-1978).

Section 5 HMA in Simple Words

Section 5 HMA sets the five conditions under which a marriage may be solemnized (formally performed) between any two Hindus. Under Section 5(i) HMA, neither party may have a living spouse at the time of the marriage.

Section 5(ii) HMA sets three mental capacity conditions that apply to both parties at the time of the marriage. Under clause (ii)(a), neither party may be incapable of giving valid consent to the marriage because of unsoundness of mind. Under clause (ii)(b), even if a party can give valid consent, neither party may have been suffering from a mental disorder of such a kind or extent as to make that party unfit for marriage and the procreation of children. Under clause (ii)(c), neither party may have been subject to recurrent attacks of insanity.

Under Section 5(iii) HMA, at the time of the marriage the bridegroom has to have completed 21 years of age and the bride has to have completed 18 years of age. Under Section 5(iv) HMA, the parties must not be within the degrees of prohibited relationship, unless the custom or usage governing each of the two parties permits a marriage between the two parties. Under Section 5(v) HMA, the parties must not be sapindas of each other, unless the custom or usage governing each of the two parties permits a marriage between the two parties.

Several legislative amendments have modified Section 5 HMA. Act 68 of 1976 substituted clause (ii) with effect from 27 May 1976. Act 2 of 1978 amended Section 5 HMA and omitted clause (vi) with effect from 1 October 1978, and Act 39 of 1999 omitted the words "or epilepsy" with effect from 29 December 1999.

When Section 5 HMA Applies

  • Both parties are Hindus and neither party has a living spouse at the time of the marriage (Section 5(i) HMA).
  • At the time of the marriage, neither party lacks capacity to give valid consent due to unsoundness of mind, suffers from a mental disorder making that party unfit for marriage and the procreation of children, or has recurrent attacks of insanity (Section 5(ii) HMA).
  • At the time of the marriage, the bridegroom has completed 21 years of age and the bride has completed 18 years of age (Section 5(iii) HMA).
  • The parties are not within the degrees of prohibited relationship, unless custom or usage governing each party permits a marriage between the two parties (Section 5(iv) HMA).
  • The parties are not sapindas of each other, unless custom or usage governing each party permits a marriage between the two parties (Section 5(v) HMA).

Example of Section 5 HMA

Arvind, aged 24 years, and Meenakshi, aged 22 years, are two unmarried Hindus in Coimbatore who plan to solemnize a Hindu marriage. Neither Arvind nor Meenakshi has a living spouse, and both Arvind and Meenakshi have full mental capacity to consent with no mental disorder or recurrent attacks of insanity. However, Arvind and Meenakshi are within the degrees of prohibited relationship. Because the custom governing Arvind's community and the custom governing Meenakshi's community both permit a marriage between Arvind and Meenakshi, the exception in Section 5(iv) HMA is met and all conditions under Section 5 HMA are fulfilled.

When Section 5 HMA Does Not Apply

  • The restriction against marriage within the degrees of prohibited relationship under Section 5(iv) HMA does not bar a marriage where the custom or usage governing each party permits a marriage between the two parties.
  • The restriction against marriage between sapindas under Section 5(v) HMA does not bar a marriage where the custom or usage governing each party permits a marriage between the two parties.

FAQs on Section 5 HMA

What is Section 5 HMA?▼

Section 5 HMA sets out the five conditions under which a marriage may be solemnized between any two Hindus. Those conditions cover having no living spouse, mental capacity, minimum age, degrees of prohibited relationship, and sapinda relationship.

What is the minimum age for marriage under Section 5(iii) HMA?▼

21 years for the bridegroom and 18 years for the bride. Under Section 5(iii) HMA, both parties must have completed those ages at the time of the marriage.

Can two Hindus marry within the degrees of prohibited relationship or as sapindas under Section 5 HMA?▼

Yes. Under Section 5(iv) HMA and Section 5(v) HMA, such a marriage is permitted if the custom or usage governing each of the two parties allows a marriage between the two parties. Custom or usage governing only one party is not enough.

What mental conditions fail Section 5(ii) HMA?▼

Unsoundness of mind preventing valid consent, a mental disorder making a party unfit for marriage and the procreation of children, or recurrent attacks of insanity. Under Section 5(ii) HMA, none of those conditions may exist in either party at the time of the marriage.

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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·