Section 18 – Hindu Marriage Act – Punishment For Contravention Of Certain Other Conditions For A Hindu Marriage.

Code:

The Hindu Marriage Act, 1955, Section 18:

“Punishment for contravention of certain other conditions for a Hindu marriage.—Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), 7[and (v)] of section 5 shall be punishable—
8[(a) in the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both.]
(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;”.

Explanation:

This section of the Hindu Marriage Act deals with the punishment for violating certain conditions specified in Section 5 of the Act, which are crucial for a valid Hindu marriage.

Section 5 outlines conditions for a valid Hindu marriage. Here’s a breakdown of the relevant clauses:

• Clause (iii): Neither party has a spouse living at the time of marriage.
• Clause (iv): The parties are not within the prohibited degrees of relationship.
• Clause (v): The parties are not sapindas of each other.

Section 18 states that anyone who knowingly and intentionally marries in violation of these conditions will be punished. The severity of the punishment depends on the specific condition violated:

• Clause (iii) violation: This carries the most significant penalty – rigorous imprisonment for up to two years and/or a fine of up to one lakh rupees.
• Clause (iv) or (v) violation: These carry a lesser penalty – simple imprisonment for up to one month and/or a fine of up to one thousand rupees.

Illustration:

Let’s consider a few scenarios:

• Scenario 1: If a person is already married and knowingly enters into another marriage without dissolving the first one, they would be violating clause (iii) of Section 5 and could face the maximum penalty under Section 18.
• Scenario 2: If a person marries their own uncle or aunt, they would be violating clause (iv) of Section 5 and could face the lesser penalty.

Common Questions and Answers:

Q: Does this section apply to all Hindu marriages?
A: Yes, it applies to all Hindu marriages solemnized under the Hindu Marriage Act, 1955.

Q: What happens if someone is unaware of the prohibited degrees of relationship?
A: Ignorance of the law is not a valid defense. The Act expects individuals to be aware of these conditions, even if they haven’t personally researched them.

Q: Can a marriage be annulled if it violates these conditions?
A: Yes, a marriage can be annulled if it violates the conditions specified in Section 5. However, the process of annulment is different from divorce and may involve specific legal procedures.