AIBE XVIII — December 2023 — Q.76 (Hindu Marriage Act, 1955)

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Q.76

Family Law Medium Act + Section Given

Bare Act Hindu Marriage Act, 1955 · Section 5

Which of the following is generally not considered as a valid condition for a Hindu marriage as per the Hindu Marriage Act, 1955?

A Parties should not have a spouse living

✓ Parties should be within degrees of prohibited relationship Answer

C Parties should not be sapindas of each other

D Parties should not be suffering from epilepsy

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Explanation & Strategy

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Section 5 conditions include: no living spouse, mental fitness, minimum age (21/18), NOT within prohibited degrees, NOT sapindas. Option B reverses the condition — saying parties 'should be within' prohibited relationship, which is the opposite of the actual legal requirement.

1 Pick up HMA.
2 Go to Section 5 — Conditions for Hindu marriage.
3 Read: parties should NOT be within prohibited relationship (unless custom permits).
4 Option B says parties 'should be within' prohibited relationship — this is the OPPOSITE of the condition. The condition is they should NOT be within prohibited relationship.
5 So option B is not a valid condition as stated.

The text reads: Section 5(iv): Parties must NOT be within degrees of prohibited relationship (unless custom permits). Option B incorrectly states they should be within such degrees.

At a Glance

Subject Family Law

Difficulty Medium

Act Hindu Marriage Act, 1955

Section Section 5

Answer (B) Act + Section Given

Paper AIBE XVIII — December 2023

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