Conditions for Hindu Marriage:

Marriage may be solemnized between two Hindus but not if either party has a spouse living, or is of unsound mind, or suffering from mental disorder, or insanity, or minors, or are within prohibited relationship, or are sapindas. (Section 5)

Meaning of Sapinda Relationship:

“Sapinda Relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

Meaning of Degrees of Prohibited Relationship:

“Degrees of prohibited relationship”-two persons are said to be within the “degrees of

prohibited relationship”—

• if one is a lineal ascendant of the other; or
• if one was the wife or husband of a lineal ascendant or descendant of the other; or
• if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or
• if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Ceremonies for a Hindu marriage:

A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. (Section 7)

What is a Null and Void marriage:

A marriage between two Hindus is null and void if one of the party has a spouse living or are within prohibited degree or are sapindas. (Section 11).

Whis is Voidable marriage:

Any marriage solemnized shall be voidable and may be annulled by a decree of nullity in case of impotency or insanity or unsoundness of mind or consent obtained by fraud or on pregnancy by third person. (Section 12).

Grounds for Divorce:

The Court shall not entertain a petition for dissolution of marriage by decree of divorce within one year of marriage.

As per Section 13(i), a marriage may be dissolved by a decree of divorce on the grounds of :

• Adultery, or
• Cruelty, or
• Desertion for continuous period of not less than two years, or
• Conversion to another religion, or
• Renounced the world by entering any religious order, or
• Suffering from unsoundness of mind, or
• Suffering from venereal disease, or
• Spouse has not been heard of as being alive for a period of seven years or more

Divorce by mutual consent:

A petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (Section 13B)

Appeal against the decree of divorce:

Every appeal against the decree of divorce shall be preferred within a period of ninety days from the date of the decree or order. (Section 28)

Divorced persons when may marry again:

When a marriage has been dissolved by a decree of divorce and time for filing appeal has expired, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again. (Section 15)

If anyone needs any kind of help or legal advice on this issue or in general, please feel free to contact me at any time. My Number is 9818865693 and email is adv.jeetkumarsingh@gmail.com