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Anurag   13 July 2015

Questions regarding LOVE Marriage

Suppose I am 20 years and 9 month old and want to be marry a girl (Love marriage) which is completed 18 years of her age. Is it marriage voidable under section 5 of Hindu marriage act ? Note:- Assume both are bride and bridegroom is Hindu.


 7 Replies

SHAMAS-UD-DIN SHAAZ Advocate (lawyer)     13 July 2015

 that marrige is  voidable  but not void as you tell your age 20 years and some months and the other party also complete 18 years ...and she is  giving her consent without any force, or fraud..etc and the prties are not within the degrees of prohibited relationship..and the parties are not sapindas of each other...etc..

lets see ......section 5. of hindu Marriage Act..... Condition 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 of 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 or epilepsy; (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;.....

your marriage is validable not void according to your question.

Anurag   13 July 2015

Sir According to your referance of section 5, the bridegroom has not satisfy sub-section(iii) of section 5, (i.e. he s not completed age of 21 years, as mentioned in question he is only completed 20 year and 9 month of his age), on what basis you says my marriage is Valid....?

SHAMAS-UD-DIN SHAAZ Advocate (lawyer)     13 July 2015

yes your right there is some typing mistake now it make correct...according to Hindu marriage Act 1955 the age of marriage 18 year for female and 21 years for male.

In 1929, an attempt was made to lay down minimum age of marriage for both the boys and girls,The child marriage  Restraint Act, 1929 prescribed 15 as the minimum age for girls, and 18 for boys. But such was the impect of the then prevailing social notions that the child marriage were made neither void nor voidable,but once performed, they were perfectly valid, The Child Marriage Restraint (Amendment) Act, 1978 now raises the minimum age of marriage to 18 for girls and 21 for boys.However the marriage performed in viloation of this condition is valid....(...Rabindra V/S Sita AIR 1986 Pat..128) This Act has been repealed by the Prohibition of child marriage Act 2006. This Act received the assent of the president of india on 10th Jan,2007 this Act has brought in significant changes in the area of child marriages. the Act of 1929 has often been criticised as a toothless tiger, as a dog that braks but not According to these Acts the age of marriage of a girl 18 years and 21 for must go to a lawyer.ok

Nadeem Qureshi (Advocate/     13 July 2015

marriage will not be legal in hindus.

it will be persume child marriage until and unless the boy will be 21 year old or there is any custom in society 

SHAMAS-UD-DIN SHAAZ Advocate (lawyer)     13 July 2015

this is a provision under the Act , Its lay down that the time of marriage the bridegroom must have completed the age of 21 years and the bride age 18 years ( as amended by the Child Marriage Restraint Amendment Act.)  ( Act 2 of 1978.) A contravention of section 5 (iii) of the Hindu Marriage Act is made punishable under section 18 of the Act.. but i again suggest you to consult with a lawyer near by you. #Mr Anurag

Anurag   13 July 2015

Thanks a lot to u # Mr. S.D.Shaaz # for ur valuable suggestions.....!!!!!

SHAMAS-UD-DIN SHAAZ Advocate (lawyer)     13 July 2015

wel come brother...All the best

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