The essential conditions for a valid Hindu marriage under Hindu Law are as follows:
- Age: The bridegroom must have completed the age of 21 years, and the bride must have completed the age of 18 years at the time of marriage. If either of the parties is under the prescribed age limit, the marriage is voidable at the option of the minor.
- Consent: Both parties to the marriage must give their free consent without any force, fraud, or undue influence. If the consent of either party is obtained by force or fraud, the marriage is voidable.
- Prohibited Relationships: The parties to the marriage must not be within the degree of prohibited relationships. These relationships are determined based on the custom or usage of the community. For example, a marriage between a brother and sister, or between a father and daughter, is prohibited.
- Monogamy: Hindu Law recognizes monogamy as the general rule for marriage. Therefore, a person cannot marry more than one person at the same time. If a person marries more than one person, the subsequent marriages are void.
- Ceremonies: Hindu Law recognizes the performance of certain ceremonies as essential for a valid marriage. The performance of these ceremonies varies depending on the custom and usage of the community. For example, in North India, the Saptapadi or the seven steps around the sacred fire is an essential ceremony, whereas in South India, the tying of the thali or the sacred thread around the bride’s neck is an essential ceremony.
It is important to note that non-compliance with any of these essential conditions makes the marriage void or voidable.
If a marriage is void, it is treated as if it never took place, and if it is voidable, it can be annulled by a court of law.
