Section 5 of the Hindu Marriage Act 1955: Conditions for a Hindu Marriage
Section 5 of the Hindu Marriage Act, 1955 lays down the statutory conditions that must be satisfied when a marriage is solemnized between two Hindus. These conditions concern an existing spouse, capacity to consent and mental condition, minimum age, prohibited relationships and sapinda relationships.
Updated: 27 September 2026
What are the conditions for a Hindu marriage under Section 5?
A marriage may be solemnized between any two Hindus if the conditions prescribed by Section 5 are fulfilled. In practical terms, the provision requires the following:
- No living spouse: neither party may have a spouse living at the time of the marriage.
- Capacity and mental condition: at the time of marriage, neither party should be incapable of giving valid consent because of unsoundness of mind; although capable of giving valid consent, suffer from a mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or have been subject to recurrent attacks of insanity.
- Minimum age: the bridegroom must have completed 21 years and the bride 18 years at the time of marriage.
- Prohibited relationship: the parties must not be within the degrees of prohibited relationship, unless a custom or usage governing each of them permits such a marriage.
- Sapinda relationship: the parties must not be sapindas of each other, unless a custom or usage governing each of them permits such a marriage.
Meaning of important terms
Spouse living
Section 5(i) embodies the rule of monogamy. If a party already has a spouse living and that earlier marriage legally subsists, a later Hindu marriage contravenes this condition. Section 11 treats a marriage solemnized in contravention of Section 5(i) as void, while Section 17 deals with bigamy.
Valid consent and mental disorder
Section 5(ii) focuses on the condition of a party at the time of marriage. The statutory tests are specific; the mere existence of a medical diagnosis does not automatically reproduce the legal test. Where the statutory condition is established, Section 12 may become relevant to a petition seeking annulment of a voidable marriage.
Minimum marriage age
Section 5(iii) prescribes 21 years for the bridegroom and 18 years for the bride. Questions involving a marriage where either party was a child must also be examined under the Prohibition of Child Marriage Act, 2006, which provides separate remedies and consequences for child marriages.
Degrees of prohibited relationship
Section 3(g) defines "degrees of prohibited relationship". Broadly, the definition covers specified close family relationships, including certain lineal ascendant and descendant relationships and relationships between siblings and specified close collateral relatives. The statutory definition should be checked for the particular family relationship in question.
Sapinda relationship
Under Section 3(f), sapinda relationship extends, with reference to a person, as far as the third generation inclusive in the line of ascent through the mother and the fifth generation inclusive through the father. The person concerned is counted as the first generation. Two persons are sapindas if one is a lineal ascendant of the other within those limits, or if they share a common lineal ascendant who falls within the sapinda limits for each.
Custom and usage
Section 3(a) defines "custom" and "usage" as a rule continuously and uniformly observed for a long time so as to obtain the force of law among Hindus in a local area, tribe, community, group or family. The rule must be certain and must not be unreasonable or opposed to public policy; a family custom must also not have been discontinued.
What happens if a Section 5 condition is breached?
| Condition | Relevant consequence under the Act |
|---|---|
| Existing spouse - Section 5(i) | Section 11 makes a marriage in contravention of this condition void. Section 17 also addresses bigamy. |
| Mental-capacity condition - Section 5(ii) | Section 12 provides a ground on which a marriage may be voidable and annulled by a decree of nullity, subject to the statutory requirements. |
| Age - Section 5(iii) | Section 18 provides punishment for contravention. The Prohibition of Child Marriage Act, 2006 may also apply and must be considered separately. |
| Prohibited relationship - Section 5(iv) | Section 11 treats the marriage as void unless the applicable statutory custom exception is established; Section 18 also provides punishment. |
| Sapinda relationship - Section 5(v) | Section 11 treats the marriage as void unless the applicable statutory custom exception is established; Section 18 also provides punishment. |
The legal consequence therefore depends on which condition has been breached. A breach should not be described simply as making every marriage "invalid"; the Act distinguishes between void marriages, voidable marriages and punishable contraventions.
Section 7: Ceremonies for a Hindu marriage
Section 5 states the substantive conditions, while Section 7 deals with solemnization. A Hindu marriage may be solemnized according to the customary rites and ceremonies of either party. Where those rites include saptapadi - the taking of seven steps by the bridegroom and bride jointly before the sacred fire - the marriage becomes complete and binding when the seventh step is taken.
Accordingly, questions about whether a Hindu marriage was actually solemnized may require examination not only of Section 5 but also of Section 7 and the rites or ceremonies applicable to the parties.
Official text of the Hindu Marriage Act 1955
For the authoritative statutory text and amendments, refer to the Government of India's India Code. The Act is Act No. 25 of 1955 and was enacted on 18 May 1955.
India Code - Government of India