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Parveen Kr. Aggarwal (Advocate)     24 December 2009

Marriage between two female Hindus

Section 5 of the Hindu Marriage Act, 1955 says:

"A marriage may be solemnized btween any two Hindus,....."

 

So, can a marriage between two female Hindus be solemnized?



Learning

 48 Replies

Anish goyal (Advocate)     24 December 2009

Interesting question. But as answer i know it can't be possible. Let some learned members answer it with reasons.

Bhartiya No. 1 (Nationalist)     24 December 2009

Is it so.

Suchitra. S (Advocate)     24 December 2009

5. Conditions for a Hindu marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

(i) neither party has a spouse living at the time of the marriage;

(ii) neither party is an idiot or a lunatic at the time of the marriage;

(iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

(vi) where the bride has not completed the age of eighteen years, the consent of her guardian in marriage, if any, has been obtained for the marriage.

Praveen u have not read the subcluses I think..  :)  The conditions are given thereunder. It is the matter of interpretation.  :)

N.K.Assumi (Advocate)     24 December 2009

Suchitra, simply ignore the clear provisions of law after pointing out the relevant provisions. In other words, that section 5 clearly says: between any two hindus... so why are you confused with the clear words " any two hindus' yes, it can be solemnised. Please also note the golden rules of interpretation. So marriage can be solemnised between any two hindu females or males.

Gundlapallis (Advocate)     24 December 2009

Mr. Assumi - the sub clause 3 (iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage; clearly defined parties to the marriage.  Sexual identities established.  The words 'any two hindus' leaves no room for misinterpretation in light of the above sub clause. 

Thank you Suchitra for taking pain to reproduce full text of the section.
 

1 Like

N.K.Assumi (Advocate)     24 December 2009

Venkat, violation of clause (iii) of section 5 falls under sections 11 or 12?

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     24 December 2009

 SUCHITRA THANKS FOR THE FULL SECTION PRESENTATION, THERE ARE SO MANY WORDS IN THE SECTION WHICH PROHIBITS THE MARRIAGE OF SAME SEX.

I DO NOT WANT TO INTERPRET WORDS LIKE   UNDER ANY RULE, BUT    prohibited relationship  - bridegroom- bride  ETC., IT IS UPTO THE AUTHORS TO DECIDE THE PARTIES THE MARRIAGE.

Suchitra. S (Advocate)     24 December 2009

Assumi Sir, if one violates the subclause iii , it will be voidable according to S.12 of HMA

N.K.Assumi (Advocate)     24 December 2009

Suchitra, I dont find that clause reading into sectionn 12 rather other section applies to contravention of clause (iii) of ection 5: Can you point out how to read clause (iii) into section 12?

Suchitra. S (Advocate)     24 December 2009

Sir, according to S11, violation of subclause i, iv and v of S.5, makes a marriage void.

 

S.12 speaks about violation of subclause ii, which is about idiocity or lunacity of one of the spouse. Although there is no mention of minority in subsection ii at that time, it is taken as a condition precedent along with other conditions of subclause ii.

 

As there ae child marriages prevailant still in India in certain parts, they are all considered as voidable under S.12.

N.K.Assumi (Advocate)     24 December 2009

Thank you Suchitra. But our discussions is based on any two hindus, not child marriage or age of the bride and bridegroom which is clearly covered under other provisions like section 18 of the HMA.

Anish goyal (Advocate)     24 December 2009

Interesting to see members in confliction over the issue. But still waiting 4 concrete answer.

N.K.Assumi (Advocate)     24 December 2009

Dear Anish, you are talking as if a person looking for a dead man among the living.The law is clearly laid down in sub clause (iii) of section 5 which also does not fall under void or voidable sections. So what kind oc concrete answer do you want apart frpm section 5 of the HMA which is crystal clear, or do you want to introduced fictions in that words which is not there.

Suchitra. S (Advocate)     24 December 2009

Sir, question of two hindus getting married is clarified. I am now talking about only contravention of subclause iii. Let me see how others opine on this from now on. :)


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