Which marriage is legal in india

Mock or improvised ceremonies do not make for a valid marriage. The saptapadi seven steps taken around the sacred fire was considered essential in the Act, but other customs can also be established as legal.

Arya Samaj weddings have to follow a specified format. In , the Supreme Court made it mandatory for all marriages in India to be registered. This requires photographs of the ceremony, the invitation and witnesses to the event.

Bigamy is illegal, but it has to be proved that the second wedding involved essential ceremonies. Section 9 allows for the restitution of conjugal rights, which forces sexual cohabitation on an unwilling spouse. Muslim family law is governed by the Shariat Application Act, , case laws over the years, and custom and fatwa which are not legally binding. It requires a proposal ijab and an acceptance qubul. Consent must be free and not obtained under coercion. The contract requires mahr, the dower paid by the groom to the bride.

The groom is allowed to have up to four wives, according to the Quran. The consent of the guardian wali, who must be Muslim is required in the Shafi, Maliki and Hanbali schools of Sunni law, and recommended in the Hanafi school, but only a precaution in Shia jurisprudence.

Nikah mutah, or temporary marriages, are invalid under Sunni jurisprudence, but allowed in Shia law. Muslim men may divorce their wives under talaq-i-ahsan or talaqi-hassan forms, depending on how the pronouncement is made, but there is an iddat period of three menstrual cycles, where reconciliation is possible. The husband must pay maintenance to the wife during iddat. Talaq-i-biddat, or the triple pronouncement in one sitting, is not approved of by clerics, but has been sanctioned in law, especially the Hanafi school.

It was barred by the Supreme Court in , the ban further fortified by a law in A Muslim woman may divorce on specified grounds lian or through khula where she compensates her husband from her property, or mutual consent mubarat. At least one of the parties has to be Christian and the marriage must be solemnised by an ordained priest, according to the customs of that specific church, or a minister of religion or specified marriage registrar.

It has to be solemnised between 6am and 7pm in a church where worship follows standard forms, unless there is no church within five miles. Exceptions are provided in Section 9. Divorce was traditionally much easier for men than women, until discriminatory provisions were reformed in While there is a religious ashirvad ceremony, Parsi marriage is also contractual in nature, like Muslim marriage.

The bride and groom cannot be related to each other within a certain degree of consanguinity. Divorce is adjudicated by special Parsi courts, which have a jury system. The Registrar receives the notice and enters the details in the marriage register. The objective of publishing the notice is to invite objections to the marriage if any.

The notice remains published for 30 days and during this period, if anyone raises any objection, then marriage details undergo further investigation. The Registrar has the power to accept any objection and cancel the application for marriage registration. Know about the procedure of court marriage in India along with documents, witnesses and legal fees involved.

Antim Amlan. How to Download Marriage Certificate Online Read how to download marriage certificate in India online and how to obtain one in different states. Know the criteria for marriage registration and documents required. Procedure for Name Change after Marriage Change your name after marriage by following these simple steps. Read to know the different procedures and documents required to change the name via gazette and notary!

Know whether name change after marriage is mandatory for aadhar card, PAN card and other government documents or not. Legal Services. Goverment Registrations. Book Consultation. Divorce Startup Criminal Licenses. Employment Corporate Civil Marriage. Contact Us Blog Write for us Careers. Terms of Use Privacy Policy Sitemap. Children Disputes over children are adjudicated by the courts with the closest contact with the child.

Therefore, the court of the place where the child resides will assume jurisdiction for any disputes over custody and other children-related issues. Domicile, nationality and habitual residence. How do the concepts of domicile, nationality and habitual residence apply in relation to divorce, financial arrangements, and children?

Domicile There are two types of domicile:. Domicile by origin. Domicile by choice. In relation to domicile by choice, a man's domicile is the place in which he has decided himself and his family will live, with the intention of making it a permanent home.

It held that the two constituent elements that are necessary under English law for the existence of domicile are:. A residence of a particular kind.

The residence need not be continuous, but it must be indefinite and not purely fleeting. An intention of a particular kind. There must be a present intention to permanently reside in the country where the residence has been taken up. The Hindu Marriage Act extends to the whole of India, and also applies to Hindus domiciled in the territories to which the Act extends but who are outside of those territories section 1 2 , Hindu Marriage Act The Hindu Marriage Act applies to persons who are not residing in India but continue to be domiciled in India.

Residence The concept of habitual residence is not defined but is recognised by Indian courts. Indian statutes require residence as a ground for jurisdiction. The Supreme Court has held that residence, for the purposes of the application of Indian matrimonial statutes, does not mean a temporary residence but a habitual residence or a residence which is also intended to be permanent Smt Satya v Teja Singh [] 2 SCR The concept of residence is important in India, as the courts to which a divorce petition under the matrimonial statutes can be presented include place where either the:.

Parties to the petition last resided. Respondent or the petitioner if she is the wife resides. Divorce In the landmark judgment in Y Narasimha Rao and others v Y Venkata Lakshmi and others 3 SCC , it was held that marriages that take place in India can only be dissolved under either the customary or statutory law in force in India. Therefore, the only law that can apply to matrimonial disputes is the one under which the parties are married.

However, confusion occurs in relation to parties who are domiciled abroad but came to India for the sole purpose of solemnisation of marriage. When these parties, who are domiciled abroad but were married in India under Indian laws, enter into matrimonial disputes, it is unclear whether the divorce petition is maintainable in India. The Supreme Court of India has not adjudicated on this issue.

However, this view does not bind other high courts. For the purposes of jurisdiction, Indian domicile of one of the parties is sufficient to confer jurisdiction on the Indian court. Children In relation to child custody, the child's interests and welfare is of primary importance. The issues regarding child custody are adjudicated by the courts in whose jurisdiction the child and the person closest with the child resides.

Indian courts can decide on the issue of the custody of a child who is a foreign citizen only if the child is within the territorial jurisdiction of the Indian courts. The Supreme Court of India has held that even where a foreign court has taken a particular view on any aspect concerning the welfare of a minor, the Indian courts should objectively and independently review the matter.

In Ruchi Majoo vs Sanjeev Majoo 6 SCC , it was held by the Supreme Court of India that the judgment by a foreign court should only be taken as input for its final adjudication.

In this case, the Apex Court allowed the trial court in India to hear the mother's application for custody of the child. Indian courts believe in the comity of law. However, priority is given to the welfare of the child.

See also Question What procedure applies for a party applying to stay proceedings in favour of a foreign jurisdiction? What factors do local courts take into account when determining forum issues?

Procedure A party can apply for a stay of proceedings in favour of a foreign jurisdiction. This is achieved by making a specific request during the proceeding. An independent suit to bring an injunction can also be filed under section 39 of the Specific Relief Act section 41 outlines when an injunction may be refused. A suit for an anti-suit injunction can be filed as an independent case before the court of competent jurisdiction that is, the Family Court see below, Anti-suit injunctions.

Factors The jurisdiction of more than one court could be invoked where the husband and wife start to reside in different territories, either nationally or internationally. It must then be decided which court is best suited and therefore competent to exercise jurisdiction. The paramount aim should be to alleviate the human suffering involved in matrimonial disputes.

These guidelines provide that:. The defendant, against whom the injunction is sought, is amenable to the court's personal jurisdiction.

If the injunction is declined, the ends of justice will be defeated and injustice will be perpetuated. In cases of multiple forums, the court considers the appropriate forum to be forum conveniens , having regard to the convenience of the parties and can grant an anti-suit injunction in relation to proceedings that are oppressive or vexatious, or in a forum non conveniens.

Anti-suit injunctions The remedy available for applying for anti-suit is similar to that as applying for an injunction in favour of foreign court. This can be applied for under section 39 of the Specific Relief Act section 41 outlines when an injunction may be refused. A suit for an anti-suit injunction can be filed as an independent case before the court of competent jurisdiction that is, the Family Court.

Section 7 1 d of the Family Courts Act provides that the family Court has jurisdiction over a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship Jasmeet Kaur v Navtej Singh DLT Section 39 of the Specific Relief Act provides that "when ordering mandatory injunctions, in order to prevent the breach of an obligation it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

Injunction applications must satisfy the conditions provided in section 41 of the Specific Relief Act. Section 41 provides that an injunction cannot be granted in the following situations:. Where the injunction is to restrain any person from prosecuting a judicial proceeding that is pending at the institution of the suit in which the injunction is sought, unless the restraint is necessary to prevent a multiplicity of proceedings.

Where the injunction is to restrain any person from instituting or prosecuting any proceeding in a court that is not subordinate to that from which the injunction is sought. Where the injunction is to restrain any person from applying to any legislative body.

Where the injunction is to restrain any person from instituting or prosecuting any proceeding in a criminal matter. Where the injunction is to prevent the breach of a contract the performance of which would not be specifically enforced. Where the injunction is to prevent, on the grounds of nuisance, an act of which it is not reasonably clear that it will be a nuisance.

Where the injunction is to prevent a continuing breach in which the plaintiff has acquiesced. When equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust. When the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court. When the plaintiff has a no personals interest in the matter.

Applicable law When seeking an anti-suit injunction, an independent case for mandatory injunction can be filed under section 39 of the Specific Relief Act. The applicant must satisfy the conditions set out in section 41 see above, Anti-suit injunctions.

In Dinesh Singh Thakur vs Sonal Thakur 17 SCC 12 , the Supreme Court held that a foreign court cannot be presumed to be incorrectly exercising its jurisdiction even where one party can prove that the parties in the present case continue to be governed by Indian Hindu laws in the matter being disputed.

The Supreme Court held that it was open to the husband to resist the execution petition on any grounds available to him in law when taking the position that such a decree is not executable. Therefore, anti-suit injunctions are governed by the principles of equitable relief: Indian courts can issue an anti-suit injunction to a party over whom it has personal jurisdiction in an appropriate case.

This is because the courts of equity exercise jurisdiction in personam. However, such power must be exercised sparingly where injunctions are sought. The principles laid down by the Supreme Court in Modi Entertainment Network have been applied in the following cases:.

Are foreign nationals treated differently on divorce? The Indian courts are competent to adjudicate and grant divorce only under the Indian statutes. The Indian courts cannot pass orders on cases which require the applicability of foreign law. However, if a foreign national, who resides in India, marries under the Special Marriage Act, then such person would not be treated any differently than an Indian national when seeking divorce.

However, there is no specific precedent to support this. Service of proceedings. What are the requirements for service of divorce, financial and children proceedings in your jurisdiction?

The primary method of serving summons is by personal service that is, where someone must physically deliver the summons document to the other person. Furthermore, the Code of Civil Procedure was amended in to include electronic means of service at Rule 9 and Rule 9A.

Electronic means may therefore encompass summons via:. In Ksl and Industries Ltd v Mannalal Khandelwal and the State of Maharashtra, Criminal Writ Petition No of , the Mumbai High Court held that in order to avoid the delay in legal proceedings, unserved summons must be interrupted by using all the practical methods and services available, including emails.

In another case, the High Court of Delhi allowed a woman to serve a summons on her estranged husband who was living in Australia, via Whatsapp. Moreover, the court considered the Whatsapp "double-tick" to be a valid delivery of summons. However, use of Whatsapp or email cannot be claimed by the applicant as a matter of right.

It therefore remains at the discretion of the court to grant permission for service to be allowed via such means. The following rules apply to service outside of the jurisdiction:.

Order V, Rule 25 of the Civil Procedure Code deals with service where the defendant resides out of India and has no agent. Order V, Rule 26 provides the procedure of service in a foreign territory through a political agent or court. Order V, Rule A provides for summons to be sent to officers of foreign countries. In reality, when serving a notice or summons, practically, one would need to plan for about four to five months for effecting service of summons in a foreign country.

In civil or commercial matters, some countries such as Canada or Australia charge a fee for serving summons. The formal method for service in India, effective from 1 August , is pursuant to the Hague Service Convention. India has tasked the Ministry of Law and Justice, Department of Legal Affairs as the Central Authority with receiving requests for service that come from other contracting states. Under the Convention, India has made certain declarations, such as the following:.

The requirement for the authority or competent judicial officer under the law of the state of origin to forward to the Indian Ministry of Law and Justice both:. If the request is in the prescribed format, the Ministry of Law will itself serve the document or will arrange for the document to be served by an appropriate agency either using the method prescribed by internal law or using a particular method requested by the applicant, unless this is incompatible with Indian domestic law.

The requirement for all requests for service of documents in India to be made in the English language or accompanied by an English translation.

The part of the request containing the summary of the document to be served will also be served by the Ministry of Law along with the document. The applicant will be required to pay or reimburse the costs of employing a judicial officer or competent person by law, or the costs arising from the particular method of service.

Upon completion of the service by the Ministry of Law, a certificate annexed to the Convention, will be forwarded to the applicant stating that the document has been served containing the method, place and date of service and the person to whom the document was delivered.

If service cannot be completed, the certificate must set out the reasons for service being prevented. Pre- and post-nuptial agreements and matrimonial property regimes Validity of pre- and post-nuptial agreements. To what extent are pre- and post-nuptial agreements binding? The law concerning pre- and post-nuptial agreements is still controversial and not fully evolved. Marriages are considered to be a sacred alliance that cannot be broken or dissolved as a civil contract, except with regard to the strict provisions of the personal laws and civil law.

The concept of a pre- or post-nuptial agreement is not defined in any of the personal laws. In India, a pre- and post-nuptial agreement is considered to fall into the category of a contract. Therefore, a legally binding pre-nuptial or post-nuptial agreement must satisfy the conditions of a valid contract under the Indian Contract Act including that it must not be against public policy.

A prenuptial agreement may be an agreement which sets out terms of settlement outlining the distribution of assets, liabilities and issues relating to the custody of children, in the event that the marriage breaks down, which can maybe be relied upon to put an end to the dispute and for the parties so that they can part ways amicably.

Other matters that are addressed could include:. Permanent alimony and maintenance to be provided to wife or husband in case the marriage fails. The issue of custody of the children, including the care and maintenance by both parties and the proportional distribution of responsibility, and the liabilities of both for any children born to them out of wedlock.

The terms and conditions relating to the financial contribution of self as well the other partner in marriage. However, pre-nuptial agreements in India are not binding or executable in a court of law. The courts may take a prenuptial agreement into consideration for understanding the intention of the couple and this may help the courts in reaching a proper settlement in cases for divorce.

Courts uphold such agreements where the parties enter into an agreement post-breakdown of marriage, in order to amicably settle family issues. However, the above view is only applicable for marriages under Hindu law. Muslim marriages are in the form of legal contract and mahr , which is offered as consideration to the bride at the time of marriage can be viewed in the same light as a pre-nuptial agreement.

Do matrimonial regimes exist in your jurisdiction and is there a default matrimonial property regime? Matrimonial regimes do not exist and are not recognised by the Indian judicial system. Default regime Not applicable. Procedure Not applicable. How are foreign separation of property agreements and pre- and post-nuptial agreements treated by the courts in your jurisdiction? Although there is no precedent to this, a foreign separation of property agreement and pre- and post-nuptial agreement can be construed as legally binding between parties.

In the event that a dispute arises from such an agreement, a remedy can be sought under contract law, provided all the necessary conditions for a valid contract were fulfilled.

However, no remedy for such an agreement is available under India's matrimonial laws. Marriages Indian courts recognise foreign marriages conducted under and in compliance with the laws of a foreign jurisdiction.

Couples, residing in India as civil partners, irrespective of their nationality, can seek a legal remedy under some statutes which provide protection to women against domestic violence or address custody related issues. However, they cannot divorce in India, as divorce is available under the personal matrimonial laws in India which are not applicable to foreigners.

These decrees by foreign courts are considered to be valid and binding for all purposes, if they satisfy the conditions provided in section 13 of the Civil Procedure Code. Divorces granted by a foreign court are recognised in India if they satisfy the provisions of section 13 of the Civil Procedure Code. A foreign judgment is conclusive on any matter that has been directly decided on between the same parties or between parties who are litigating under the same title except where:.

It has not been pronounced by a court of competent jurisdiction. It has not been given on the merits of the case.

It appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which that law is applicable. The proceedings in which the judgment was obtained are opposed to natural justice. It sustains a claim founded on a breach of any law in force in India.

Section 13, Civil Procedure Code. Case law The Supreme Court has held that Indian courts will not recognise a foreign divorce decree if the divorce petition is not based on the substantive and jurisdictional grounds provided for divorce under the Hindu Marriage Act and one of the nine grounds of divorce which must be satisfied Y Narasimha Rao and others v Y Venkata Lakshmi and others 3 SCC A party only technically satisfies the requirement of residence in a foreign country with only the purpose of obtaining the divorce.

That party is neither domiciled in that state nor has an intention to make it their home. There is no substantial connection with the forum. In Smt Satya v Teja Singh [] 2 SCR , the Supreme Court derecognised the decree of divorce of the foreign country on the ground that one party obtained the divorce decree by fraud on the foreign court by representing incorrect jurisdictional facts.

The Apex Court held that the concept of residence does not include temporary residence for the purpose of obtaining a divorce. It is held that marriages which take place in India can only be dissolved under either the customary or statutory law in force in India. Therefore, when a foreign judgment is founded on a jurisdiction or on a ground not recognised by such law, it is in defiance of the law and is unenforceable in India.

For the same reason, such a judgment is also unenforceable under clause f of section 13 of the Civil Procedure Code, since such a judgment is in breach of the matrimonial law in force in India.

The Supreme Court has also held that "the jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted, must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be:. Where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides, and the relief is granted on a ground available in the matrimonial law under which the parties are married.

Where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim, which is based on a ground available under the matrimonial law under which the parties are married. Where the respondent consents to the granting of relief, although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the "parties". Civil partnerships Civil partnerships are not legally recognised in India.

What are the grounds for divorce? Dissolution of marriage under all Indian personal laws is based on guilt or fault theory of divorce although divorce by mutual consent is also available under some personal laws see below, Mutual consent. Section 13 of the Hindu Marriage Act recognises nine fault grounds of divorce with a further four additional fault grounds available to the wife alone under the Hindu Marriage Act section 13 2.

Section 2 of the Dissolution of Muslim Marriages Act contains nine fault grounds on which the wife alone can sue.

For Christians, subsection 10 of the Indian Divorce Act contains grounds of divorce. The Parsi Marriage and Divorce Act contains ten fault grounds of divorce on which either spouse may seek divorce. Section 27 1 of the Special Marriage Act contains ten fault grounds of divorce on which either spouse can seek divorce.

Section 27 1A contains two fault grounds on which the wife alone can seek dissolution of marriage. Mutual consent. The only requirement for divorce by mutual consent is that the parties should have been living separately for a period of one year or more.

Section 13B of the Hindu Marriage Act provides for divorce by mutual consent where the parties have been separated for a period of one year. Thereafter, the first motion for mutual divorce must be filed and presented. After a period of between six months and 18 months, the parties must present the second motion.

The court will record the parties' statements to ensure that the divorce is being obtained of free will and only then will it grant the decree of divorce. Divorce under Islamic law Under Islamic law, divorce is classified into three categories:.

This is divorce at the instance of the husband. This is divorce at the instance of the wife. This is divorce by mutual consent. Under Islamic law, only the husband can pronounce talak on his wife, not vice versa. However, the husband can delegate this power to the wife or any third person by an agreement. This is known as divorce by delegation talak-e-tafweez. Divorce by the husband. There are three types of Talaq :. This is a single pronouncement of talaq by the husband, followed by a period of abstinence iddat.

The duration of the iddat is 90 days or three menstrual cycles where the wife is menstruating. Alternatively, the period of iddat is of three lunar months in case, the wife is not menstruating. If the couple resumes cohabitation or intimacy, within the period of iddat , the pronouncement of divorce is treated as having been revoked. Therefore, talaq-e-ahsan is revocable. Conversely, if there is no resumption of cohabitation or intimacy, during the period of iddat, the divorce becomes final and irrevocable after the expiry of the iddat period.

It is considered irrevocable because the couple is forbidden to resume marital relationship thereafter, unless they contract a fresh nikah marriage with a fresh mahr that is, a mandatory payment, in the form of money or possessions, paid or promised to be paid, by the groom or by the groom's father, to the bride, at the time of marriage, which legally becomes her property.

However, on the third pronouncement of the talaq , the couple cannot remarry, unless the wife first marries someone else, and only after her marriage with other person has been dissolved either through talaq divorce or death can the couple remarry.

Among Muslims, talaq-e-ahsan is regarded as the most "proper" form of divorce. This is pronounced in the same manner as talaq-e-ahsan see above. However, instead of a single pronouncement there are three successive pronouncements. After the first pronouncement of divorce, if there is resumption of cohabitation within a period of one month, the pronouncement of divorce is treated as having been revoked. The same procedure must be followed after the expiry of the first month during which marital ties have not been resumed.

Talaq is then pronounced again: after the second pronouncement of talaq , if there is resumption of cohabitation within a period of one month, the pronouncement of divorce is treated as having been revoked. It is important to note that the first and the second pronouncements can only be revoked by the husband. If he does so either expressly or by resuming conjugal relations the talaq pronounced by the husband becomes ineffective, as if no talaq had been expressed.

However, if a third talaq is pronounced, it becomes irrevocable. Therefore, if no revocation is made after the first and the second declaration, and the husband makes the third pronouncement, in the third tuhr period of purity , as soon as the third declaration is made, the talaq becomes irrevocable, and the marriage stands dissolved, after which the wife must observe the required iddat the period after divorce, during which a woman cannot remarry: its purpose is to ensure that the male parent of any offspring can be clearly identified.

After the third iddat, the husband and wife cannot remarry, unless the wife first marries someone else, and only after her marriage with another person has been dissolved either through divorce or death , can the couple remarry.

The distinction between talaq-e-ashan and talaq-e-hasan is that, in the former, there is a single pronouncement of talaq followed by abstinence during the period of iddat , whereas, in the latter there are three pronouncements of talaq, interspersed with abstinence. The third type of talaq is talaq-e-biddat. This is effected by one definitive pronouncement of talaq such as, "I talaq you irrevocably" or three simultaneous pronouncements, like " talaq, talaq, talaq ", uttered at the same time, simultaneously.

In talaq-e-biddat , divorce is then effective from this point onwards. Unlike the other two categories of talaq , the instant talaq is irrevocable the very moment it is pronounced. The Supreme Court in a recent landmark decision by five judges in the case of Shayara Bano vs Union of India 9SCC 1 with a majority of held that the act of divorce by a Muslim man by way of uttering the words talak three times is unconstitutional and illegal.

It was held that triple talaq "is not integral to religious practice and violates constitutional morality". Divorce by the wife.

The Dissolution of Muslim Marriages Act sets out the grounds on which a Muslim woman can seek dissolution of marriage. Section 2 of the Act provides for grounds for decree for dissolution of marriage, namely that the:.

Whereabouts of the husband has not been known for a period of four years. However, any decree passed based on this ground cannot take effect until six months have passed since making the decree, and if the husband appears either in person or through an authorised agent within this period, and satisfies the court that he is prepared to perform his conjugal duties, the court will aside the decree.

Husband has neglected or has failed to provide for her maintenance for a period of two years. Husband has been sentenced to imprisonment for a period of seven years or upwards. However, no decree can be passed until the sentence has become final.

Husband has failed to perform, without reasonable cause, his marital obligations for a period of three years. Husband was impotent at the time of the marriage and continues to be so. However, before passing a decree on this ground, the court will, on application by the husband, make an order requiring the husband to satisfy the court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the court within such period, no decree will be passed based on this ground.

Husband has been insane for a period of two years or is suffering from leprosy or virulent venereal disease. Wife, having been given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18 years.

Husband treats the wife with cruelty, for example, the husband:. Nullity A marriage can only be solemnised between any two Hindus if the following conditions are fulfilled:. Neither party has a spouse living at the time of the marriage.

Neither party is mentally impaired or insane at the time of the marriage. The bridegroom is 18 years or over and the bride 15 years or over at the time of the marriage.

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. The parties are not sapindas that is, lineal ascendants of each other or have a common lineal ascendant as far as third generation inclusive in the line of ascent through the mother, and the fifth inclusive in the line of ascent through the father, unless the custom or use governing each of them permits a marriage between the two.

Where the bride is under the age of 18 years, the consent of her guardian in marriage, if any, has been obtained for the marriage. Section 5, Hindu Marriage Act Only the violation of the prohibition of bigamy and marriage within a prohibited relationship renders the marriage void.

Being underage does not render the marriage void or voidable. Insanity renders a marriage voidable. Under the Special Marriage Act and the Hindu Marriage Act , there is a distinction between a void and voidable marriage.

The Indian Divorce Act only provides grounds on which marriages are void, but provides no grounds on which a marriage is voidable. This is the same under the Parsi Marriage and Divorce Act , although some of the traditional grounds on which a marriage is voidable have been made grounds of divorce. Muslim law recognises only void marriages known as batil marriages that is, a marriage that does not exist from the outset. There is no concept of voidable marriage. No court decree is necessary.

Even when the court passes a decree, it merely declares the marriage null and void.