Section 5 of the Hindu Marriage Act: Conditions for a Valid Marriage

Section 5 is the heart of the Hindu Marriage Act. It sets out who can marry whom. Every Hindu, Sikh, Jain or Buddhist marriage registered in Delhi under the Act is checked against it. Knowing the five conditions helps you understand why the registration office asks the questions it does, and what happens if a condition is not met.

Who the Act applies to

Under Section 2, the Hindu Marriage Act applies to Hindus by religion in any of its forms, including Virashaivas, Lingayats and followers of the Brahmo, Prarthana or Arya Samaj, to Buddhists, Jains and Sikhs, and to others who are not Muslims, Christians, Parsis or Jews, unless proved otherwise. Both parties must be Hindus within this meaning.

The five conditions

(i) No living spouse

Neither party may have a spouse living at the time of the marriage. This is the rule of monogamy. If either party is already married and the marriage subsists, the new marriage is void (Section 11), and bigamy provisions apply (Section 17). See can you remarry while your divorce is pending?.

(ii) Mental capacity and consent

At the time of marriage, neither party:

• is incapable of giving valid consent because of unsoundness of mind; or
• though capable of consent, suffers from a mental disorder of such a kind or extent as to be unfit for marriage and procreation; or
• suffers from recurrent attacks of insanity.

A marriage in breach of this condition is voidable under Section 12.

(iii) Age

The bridegroom must have completed 21 years and the bride 18 years at the time of the marriage. A marriage in breach is a child marriage under the Prohibition of Child Marriage Act, 2006, generally voidable at the option of the child party, and void in certain cases, with penalties for those responsible. See legal age for marriage.

(iv) Prohibited degrees

The parties must not be within the degrees of prohibited relationship, unless a custom or usage governing each of them permits such a marriage. Breach makes the marriage void.

(v) Sapindas

The parties must not be sapindas of each other, unless a custom or usage governing each of them permits it. Breach makes the marriage void. See prohibited degrees and sapinda rules.

Summary table

Condition	Breach makes the marriage	Section
(i) No living spouse	Void	11
(ii) Mental capacity	Voidable	12
(iii) Age	Child marriage (PCMA)	PCMA 2006
(iv) Prohibited degrees	Void, unless custom permits	11
(v) Sapindas	Void, unless custom permits	11

What Section 5 does not require

• Caste: inter-caste marriages are valid.
• Gotra: same-gotra marriages are valid. See same-gotra marriage.
• Parental consent: not required for adults.
• Registration: not a condition of validity (Section 8(5)).

Section 5 and Section 7

Section 5 sets the conditions; Section 7 sets the ceremonies. A valid Hindu marriage needs both: eligible parties and the customary rites and ceremonies. The Supreme Court emphasised the importance of the ceremonies in 2024. See saptapadi and a valid Hindu marriage.

How Delhi registration checks Section 5

Condition	How it is checked
(i)	Affidavit of marital status; divorce decree or death certificate for previously married parties
(ii)	Personal appearance and declarations
(iii)	Date-of-birth proof for both
(iv) and (v)	Affidavit that the parties are not within prohibited degrees or sapindas

A false statement in the affidavit is itself an offence, quite apart from the consequences for the marriage.

Custom

Conditions (iv) and (v) can be relaxed by a custom or usage that governs both parties. A custom must be ancient, certain, reasonable and not opposed to public policy, and it must be proved. In some communities, for example in parts of south India, certain cousin marriages are customary. If you rely on a custom, take legal advice.

Section 5 in practice: a pre-wedding check

Before a Hindu wedding, run through these questions for both partners:

1. Is either of us married to someone else? If previously married, is the divorce final, or has the former spouse died, and do we have the decree or death certificate?
2. Can both of us consent freely? Is either partner under pressure, or affected by a condition that could affect capacity?
3. Will the groom be 21 and the bride 18 on the wedding date? Check date-of-birth documents, not memory.
4. Are we related? If so, how? Map the relationship through both parents’ lines.
5. If related, is there a custom in both our communities permitting it? If unsure, take advice.

If all answers are clear, Section 5 is satisfied, and you can focus on the ceremony (Section 7) and registration.

Section 5 and the Special Marriage Act

The Special Marriage Act’s Section 4 has very similar conditions: no living spouse, capacity and consent, the same minimum ages, and no prohibited degrees (listed in its schedule), subject to custom. Inter-faith couples, and Hindus who choose a civil marriage, are checked against Section 4 instead. See the Special Marriage Act explained.

History of the conditions

When the Hindu Marriage Act was passed in 1955, it introduced monogamy for all Hindus, replacing older practices that allowed polygamy in some communities. The age requirements have been raised over time. A former condition requiring a guardian’s consent where the bride was below a certain age was removed by later amendments, and the mental-capacity condition was reworded in 1999.

Common misunderstandings

1. “Caste must be the same.” It need not.
2. “Parents must agree.” They need not.
3. “Registration is a condition.” It is not.
4. “Custom can permit bigamy.” It cannot; custom applies only to (iv) and (v).

Worked example: previously married groom

Arun, divorced, marries Kavita. At registration, he produces a certified copy of his final divorce decree and states it in his affidavit. Condition (i) is met.

Worked example: cousins

Meena and Ravi are first cousins through their fathers, who are brothers. They fall within the prohibited degrees and are sapindas. Unless a custom governing both permits it, their marriage would be void.

Key terms explained

• Monogamy: having only one spouse at a time.
• Prohibited degrees: close relationships within which marriage is barred.
• Sapinda: a close relative within the generations defined in Section 3(f).
• Custom: a long-established rule of a community, recognised by law if properly proved.

One-line takeaway

A valid Hindu marriage needs no living spouse, capacity and consent, the minimum ages, and no prohibited or sapinda relationship unless custom allows, plus the proper ceremonies.

Check your eligibility

WedProof checks Section 5 conditions before you register, so your marriage rests on firm ground. Use the form on this page for a free check.