Harmonizing Tradition And Law: An Analytical Study Of Section 5 Of The Hindu Marriage Act, 1955
- IJLLR Journal
- Jan 7
- 2 min read
Abhay Yadav, BA LLB (H), IILM University, School of Law, Greater Noida
ABSTRACT
"A Hindu marriage is a blend of tradition and law, transcending the personal to establish societal duty." – Justice V.R. Krishna Iyer
Hindu marriage in India has long been revered as a sacred and indissoluble bond, deeply rooted in religious and cultural values. With the Hindu Marriage Act, 1955, this ancient institution has evolved to incorporate legal principles that protect individual rights while preserving traditional aspects. According to Dr. Paras Diwan, the Act symbolizes a shift towards a modern framework, balancing ancient customs with legal safeguards to address emerging social needs.
This paper, "Harmonizing Tradition and Law: An Analytical Study of Section 5 of the Hindu Marriage Act, 1955" explores the essential conditions outlined in Section 5, which govern valid Hindu marriages. It examines how these conditions—monogamy, legal age, mental capacity, and prohibitions on close relationships—aim to protect the sanctity of marriage and safeguard individuals against coercion, exploitation, and mental incapacity. This research addresses key questions: What are the legal requirements for a Hindu marriage? How do these requirements reflect a blend of religious duty? How has the judiciary interpreted and applied these conditions? Alongside Section 5, relevant provisions such as Section 11 (void marriages) and Section 12 (voidable marriages) are analyzed to explore the consequences of non-compliance. Landmark judgments and perspectives from jurists highlight how these conditions delineate legal boundaries that reinforce the welfare of individuals within the matrimonial framework.
In conclusion, this research underscores that Section 5 of the Hindu Marriage Act serves as a cornerstone in harmonizing Hindu marital traditions with legal protections, ensuring that Hindu marriage remains both a spiritual commitment and a legally safeguarded institution in modern India.
Keywords: Hindu Marriage Act, Legal Boundaries, Section 5, Marriage Validation Conditions, Judicial Interpretation.
