Section 5 of the Act of 1955 prescribes conditions for a valid Hindu Marriage. A marriage may be solemnized between any two Hindus if the conditions given in section are fulfilled. In this article, we shall study the third condition prescribed in the section. i.e. marriageable age.

Section 5: the Hindu Marriage Act, 1955:
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;
(vi) (Omitted)

Section 5(iii) of the Hindu Marriage Act, 1955:

The bridegroom should have completed the age of 21 years and the bride the age of 18 years, at the time of marriage:

Under the ancient Hindu Law, no minimum age limits were prescribed for a Hindu marriage. There is an injunction for men that they should marry on the completion of the Brahmacharya Ashram i.e., Study of the Vedas. According to Griha Sutras, the minimum age for the marriage of a girl was 8 years.

Under Section 5(iii) of the Hindu Marriage Act, 1955, at the time of marriage, the age of bridegroom should be more than 21 years and that of the bride should be more than 18 years.

The violation of this clause does not make a marriage void or even voidable.

Child Marriage Restraint Act, 1929:

The Act of 1929 was passed by the efforts of Rai Saheb Harbilas Sarda for the object of checking the evil of the child marriage. Hence this Act is also known as ‘Sarda Act’. The aim of the Act was not to prohibit child marriage but to restrain from it. In this enactment, it was laid down that at the time of marriage, the bride must have completed 14 years and the bridegroom 18 years. Later on, by an amendment, the marriageable age of girls was raised to 15 years. A boy or a girl younger than this was declared a “child” and child marriage was made punishable. But according to this Act the child marriage performed was a valid marriage. The original Hindu Marriage Act 1955 did not differ from this state of law.

The Child Marriage Restraint (Amendment) Act, 1978 laid down that at the time of marriage, the bride must have completed 17 years and the bridegroom 21 years. Accordingly, the Hindu Marriage Act, 1955 and Child Marriage Restraint Act, 1929 was amended. This Amendment was not rendering child marriages void. But, it prescribed some penalties for those persons who are responsible for child marriages. The offences under the Act are not cognizable offences. This means that unless a complaint is filed, no proceedings can be launched in a court,

Prohibition of Child Marriage Act, 2006:

The Child Marriage Restraint Act, 929 Act was replaced by a new Act called the Prohibition of Child Marriage Act, 2006. According to that Act, the minimum age for the bride is 18 years at the time of marriage and for the bridegroom, it is 21 years.

Under Section 9 of the Prohibition of Child Marriage Act, 2006, whoever, being a male adult above 18 years of age, contracts a child marriage, shall be punishable with rigorous imprisonment which may extend to 2 years or with fine which may extend to one lakh rupees or with both.

Under Section 10 of the Prohibition of Child Marriage Act, 2006, whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he had reasons to believe that the marriage was not a child marriage.

Under Section 11(1) of the Prohibition of Child Marriage Act, 2006, here a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful including any member of an organization or association of persons who does any act to promote the marriage, or permits it to be solemnized or negligently fails to prevent it from being solemnized, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to 2 years or with fine which may extend to one lakh rupees. Provided that no woman shall be punishable with imprisonment.

Under Section 11(2) of the Prohibition of Child Marriage Act, 2006, for the purpose of this Section, it shall be presumed, unless and until the contrary is proved that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnized.

Under Section 12 of the Prohibition of Child Marriage Act, 2006, where a child, being a minor a) is taken or enticed out of the keeping of the lawful guardian; or b) by force compelled or by any deceitful means, induced to go from any place; or c) is sold for the purpose of marriage and made to go through a form of marriage or if the minor is married after which, the minor is sold or trafficked or used for immoral purposes, such marriage shall be null be void.

Under Section 3(1) of the Prohibition of Child Marriage Act, 2006,  every child marriage whether solemnized before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage. Provided that, a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.

Under Section 3(2) of the Prohibition of Child Marriage Act, 2006, if at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the child marriage prohibition officer.

Under the Hindu Marriage Act, 1955, a marriage solemnized in contravention of the conditions prescribed for a valid marriage was treated as valid. By invoking the doctrine of Factum Valet, validity was given to child marriages. Later, the Marriage Laws (Amendment) Act, 1976 through 13 (2) (iv), provided relief to a Hindu wife if her marriage was solemnized before attaining 15 years, can repudiate after attaining 15 years and before attaining 18 years. Now the Prohibition of Child Marriage Act, 2006 made a child marriage, voidable.

Under Section 3(3) of the Prohibition of Child Marriage Act, 2006, the petition under this Section may be filed at any time but before the child completes 2 years of attaining majority.

Under Section 14 of the Prohibition of Child Marriage Act, 2006,  any child marriage solemnized in contravention of an injunction order issued prohibiting such marriage, shall be ‘void ab initio’.

Under Section 15 of the Prohibition of Child Marriage Act, 2006, notwithstanding anything contained in the Code of Criminal Procedure 1973, offences punishable under this Act shall be cognizable and non-bailable.

Under Section 13(2) (iv) of The Hindu Marriage Act, 1955, according to the Marriage Laws (Amendment) Act,1976 where the marriage of a girl (whether consummated or not) solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years, the girl can obtain a decree for dissolution of marriage. This is an additional ground made available to a wife. This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976.

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Indian Legal System > Civil Laws > Family Laws > The Hindu Marriage Act, 1955 > Conditions for Valid Hindu Marriage: Age

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