Thanks all for participation.
Yes Dr. Tripathi, we may be discussing absuridity. But where does its origin lie. While drafting and enacting a statute of at any subsequent point of time?
What is the scheme of the H.M. Act. It classifies marriages in three categories.
(i) Void marriages,
(ii) Voidable marriages, &
(iii) valid marriages.
The Act also lays down specific conditions for solemnization of a Hindu marriage (only five ).
The breach of condition no. (i) (iv) and (v) makes a marriage void.
The breach of condition no. (ii) makes it voidable.
Rest of the marriages are valid [which also include breach of condition no. (iii)]
It is nowhere provided what will be the effect of any other violation.
The only requirement of opening line of section 5 is that the two persons marrying be Hindus and not more than that. It could have been provided that a marriage between a Hindu boy and a girl may be solemnized or it could have been provided under any other condition. But it is not so.
Considering the fact that the enactment is a codifying law (see its preamble) and is supposed to be comprehensive and that it was passed at a time (in the year 1955) when the parliamentarians were learned persons and not in hurry of passing bills like today. It is also a known fact that the four Acts including the H. M. Act were enacted after lengthy deliberations inside and outside parliament, should we import and read any other word(s) or condition(s) therein which were not contemplated by the Parliament at that time or thereafter during the last more than 50 years or even by the Supreme Court or High Courts.
How many of us are devoting more time on analysing genuine problems than discussing absurd issues?