Conditions for a Hindu marriage
Section 5 of the Hindu Marriage Act, 1955 deals with 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; The Act came into force on 18 May 1955.
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;
1[(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 2 ***];
(iii) the bridegroom has completed the age of 3[twenty-one years] and the bride, the age of 4[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;
4 * * * * *
Section 5, The Hindu Marriage Act, 1955 (Act 25 of 1955).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani
Court's Decision & Legal Precedent
The Hindu Marriage Act 1955, by its Preamble and Section 2, applies exclusively to marriages among Hindus. A marriage between a Hindu and a person professing a different faith such as Christianity cannot be solemnized as a valid Hindu marriage under the Act. The conditions specified in Section 5 of the Act are mandatory, not optional - the word 'may' in opening words indicates that a marriage may be solemnized between 'any two Hindus' if conditions are fulfilled, meaning failure to fulfill conditions precludes a valid marriage. Where one party is not Hindu, a valid Hindu marriage cannot be solemnized under the Act. Registration of such a marriage under Section 8 does not validate a fundamentally void marriage.
On this section: Core provision requiring conditions to be fulfilled for solemnization of marriage between 'any two Hindus'; interpreted as mandatory not optional despite use of 'may'
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R. Lakshmi Narayan vs Santhi
Court's Decision & Legal Precedent
For a marriage to be declared null and void under Section 12(1)(b) read with Section 5(ii)(b) of the Hindu Marriage Act, 1955, on the ground of mental disorder, it must be established that the mental disorder is of such a kind or to such an extent as to render the spouse incapable of leading a normal married life and procreating children. Mere proof that a spouse suffered from some mental disorder before marriage and that there was no cohabitation for a short period (approximately one month) is insufficient to satisfy this stringent statutory requirement. The burden of proof lies heavily on the party seeking annulment, and the court must examine such cases with utmost care and anxiety.
On this section: Provides that at the time of marriage, neither party is incapable of giving valid consent in consequence of unsoundness of mind
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Supriyo @ Supriya Chakraborty vs Union Of India
Court's Decision & Legal Precedent
The Supreme Court held that while there is no fundamental right to marry under the Indian Constitution, LGBTQ+ persons have a constitutional right to enter into abiding cohabitational relationships grounded in Articles 14, 15, 19, 21, and 25. The Special Marriage Act 1954 cannot be read down to permit same-sex marriages due to semantic impossibilities and interconnected gendered provisions. The Court recognized that existing laws create indirect discriminatory impact on queer couples by denying them access to spousal benefits in employment, succession, adoption, and taxation. The Court declined to issue directions for marriage equality, finding such matters require comprehensive parliamentary action. Instead, the Court directed the Union Government to constitute a high-powered committee to examine the discriminatory impact of existing laws and regulations on same-sex couples and recommend appropriate remedies. Transgender persons in heterosexual relationships can marry under existing laws through harmonious interpretation with the Transgender Persons Act.
On this section: Conditions for Hindu marriage including prohibited degrees; allows custom to override certain restrictions
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Supriyo @ Supriya Chakraborty vs Union Of India
Court's Decision & Legal Precedent
The foundational ratio of the judgment is: While the Indian Constitution does not expressly protect a fundamental right to marry (and therefore the Special Marriage Act and Foreign Marriage Act cannot be compelled to be read in gender-neutral manner to include same-sex couples through judicial reinterpretation), the Constitution protects LGBTQ+ persons' right to enter into abiding relationships with freedom from state interference, dignity, autonomy, and privacy. The state has affirmatively created the institution of marriage and conferred tangible and intangible benefits through it. By systematically excluding LGBTQ+ persons from these benefits while providing them to heterosexual couples, the state engages in indirect discrimination violating Articles 14 and 15. While courts cannot create new legal statuses through interpretation, the state (Union Government and State Governments) is under constitutional obligation to eliminate the discriminatory impact by: (1) undertaking comprehensive examination of all laws and regulations that tie benefits to marital status; (2) ensuring that sexual orientation-based discrimination is removed from all statutory schemes; (3) considering appropriate legislative or administrative measures to recognize LGBTQ+ unions and extend benefits; (4) protecting LGBTQ+ persons from family violence, coercion, and police harassment; (5) not interfering with the right of LGBTQ+ persons to live in intimate relationships free from state coercion. The exact form this takes (marriage, civil unions, domestic partnerships, administrative extension of benefits) is for Parliament and the state legislatures to determine after appropriate consultation, but the obligation to eliminate discrimination is immediate.
On this section: Section 5 prescribes conditions for marriage between Hindus, with provisions regarding prohibited degrees of relationship in gendered terms, showing the deeply gendered nature of Indian marriage legislation.
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Reema Aggarwal vs Anupam
Court's Decision & Legal Precedent
The expression 'husband' in Section 498-A IPC should be interpreted to include any person who enters into a marital relationship and exercises authority as a husband over a woman, subjecting her to cruelty, regardless of whether the marriage is valid or void. The applicability of Section 498-A depends on whether the woman is subjected to cruelty in a marital relationship, not on the legal validity of the marriage. Purposive interpretation must be applied to effectuate the legislative intent of protecting women from dowry-related harassment and cruelty, as the essential ingredient of Section 498-A is the subjecting of woman to cruelty, not the validity of the marriage itself.
On this section: Condition for valid marriage - neither party should have a spouse living; applied to show Reema's marriage was void
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Arun Kumar v. Inspector General of Registration
Court's Decision & Legal Precedent
A trans woman who self-identifies as female is a 'bride' under Hindu Marriage Act s.5. A marriage between a cis man and a trans woman, both Hindu, is valid and must be registered. Non-consensual sex-reassignment surgery on intersex infants is prohibited except in life-threatening cases (NALSA / Puttaswamy / Navtej applied).
On this section: HMA s.5 'bride' includes a trans woman who self-identifies as female; registrar must register the marriage.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Harur, for restitution of conjugal rights and the same was granted by the Subordinate Judge at Harur on 11.08.2022. ii) The appellant came to know that the respondent is living with another man either by marrying him or by following live-in relationship and gave birth to two children which is clear violation of Section 5 of the Hindu Marriage Act. The respondent also filed a divorce petition before the Family Court at Tiruppur on the ground of cruelty and desertion. The respondent made bald and wild allegations against the appellant without iota of evidence. The appellant contested the divorce proceedings and produced all the …
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… of the respondent/wife is the sister of the father of the Appellant and thus, they fall within the prohibited degree of relationship, being the s apindas of each other and therefore, the marriage is liable to be declared as a nullity in terms of section 5 read with section 11 of the Hindu Marriage Act, 1955. 3. The appellant had further alleged various acts of cruelty namely: (i) The behaviour of the respondent towards the appellant was not right from the beginning as she was disrespectful to him and his parents. (ii) She threatened to implicate the …
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… The trial court after appreciating the oral and documentary evidence available on record has held that the first plaintiff is born to the second plaintiff and late T.N.Veerakyathaiah from a void marriage in view of Section 5 of the Hindu Marriage Act. There is no dispute that in view of Section 16 of the Hindu Marriage Act, children born from a void marriage are also considered as legitimate children and are entitled for a share in the estate of their father along with the first wife and children born to her. 13. The Hon'ble Supreme …
Questions about Section 5
What have the courts held on Section 5 of the Hindu Marriage Act?
Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani (04 Dec 2008) is the leading judgment on this section among those set out below: Core provision requiring conditions to be fulfilled for solemnization of marriage between 'any two Hindus'; interpreted as mandatory not optional despite use of 'may'. Another 5 judgments on this section are set out below, 5 of them from the Supreme Court. They run from 2001 to 2023.
How do I find court cases under Section 5 of the Hindu Marriage Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Hindu Marriage Act 5, section 5 Hindu Marriage Act, section 5 of the Hindu Marriage Act. People searching for it also type hma 5 9 and hitman 5. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Gullipilli Sowria Raj vs Bandaru Pavani @ Gullipili Pavani (04 Dec 2008).
What should I read with Section 5 of the Hindu Marriage Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 5 of the Hindu Marriage Act come into force?
Section 5 of the Hindu Marriage Act, commonly called conditions for hindu marriage, and cited as Hindu Marriage Act 5, came into force on 18 May 1955, having been enacted on 18 May 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Divorce913 words
- 3. Definitions499 words
- 23. Decree in proceedings465 words
- 12. Voidable marriages361 words
- 2. Application of Act302 words
- 14. No petition for divorce to be presented within one year of marriage290 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.