Section 18 of the Hindu Marriage Act 1955: Punishment for Contravention of Marriage Conditions
Section 18 of the Hindu Marriage Act, 1955 prescribes punishment where a person procures his or her marriage to be solemnized in breach of specified conditions in Section 5. It covers the age requirement in Section 5(iii), prohibited degrees of relationship under Section 5(iv), and sapinda relationship under Section 5(v).
What does Section 18 provide?
Section 18 applies when a person procures a marriage of himself or herself to be solemnized under the Hindu Marriage Act in contravention of the conditions specified in clauses (iii), (iv) or (v) of Section 5. The punishment depends on the particular condition breached.
| Condition contravened | Meaning | Punishment under Section 18 |
|---|---|---|
| Section 5(iii) | At the time of marriage, the bridegroom must have completed 21 years and the bride 18 years. | Rigorous imprisonment up to 2 years, or fine up to Rs. 1 lakh, or both. |
| Section 5(iv) | The parties must not be within the degrees of prohibited relationship unless a custom or usage governing each of them permits such a marriage. | Simple imprisonment up to 1 month, or fine up to Rs. 1,000, or both. |
| Section 5(v) | The parties must not be sapindas of each other unless a custom or usage governing each of them permits such a marriage. | Simple imprisonment up to 1 month, or fine up to Rs. 1,000, or both. |
Section 5(iii): Minimum age for a Hindu marriage
Section 5(iii) states that the bridegroom must have completed the age of 21 years and the bride the age of 18 years at the time of the marriage. A contravention falling within Section 18(a) is punishable with rigorous imprisonment which may extend to two years, or a fine which may extend to Rs. 1 lakh, or both.
The enhanced punishment was introduced through Section 20 of the Prohibition of Child Marriage Act, 2006. Child marriages may also attract the separate provisions and consequences of that Act, depending on the facts of the case.
Section 5(iv): Degrees of prohibited relationship
Section 5(iv) requires that the parties should not be within the degrees of prohibited relationship, unless the custom or usage governing each party permits a marriage between them. The expression "degrees of prohibited relationship" is defined in Section 3(g) of the Hindu Marriage Act and includes specified close relationships by lineal ascent, descent, marriage and certain family relationships.
Contravention of Section 5(iv) is punishable under Section 18(b) with simple imprisonment up to one month, or fine up to Rs. 1,000, or both.
Section 5(v): Sapinda relationship
Section 5(v) provides that the parties must not be sapindas of each other unless the custom or usage governing each of them permits the marriage. "Sapinda relationship" is defined in Section 3(f). In broad terms, the statutory relationship extends, with reference to a person, up to the third generation through the mother and the fifth generation through the father, counting the person concerned as the first generation.
Contravention of Section 5(v) is punishable under Section 18(b) with simple imprisonment up to one month, or fine up to Rs. 1,000, or both.
Current legal position
For Section 5(iii), the current Section 18(a) provides the substantially enhanced penalty introduced in 2007. For contraventions of Section 5(iv) and Section 5(v), Section 18(b) continues to provide simple imprisonment up to one month, fine up to Rs. 1,000, or both.
This page is a general legal information resource. Application of the law can depend on the facts, applicable custom or usage, and other statutes governing the marriage.