Under sections 5 and 11 of the Hindu Marriage Act, 1955, which of the following circumstances make a…
Section 11 makes a marriage solemnized after commencement void if it contravenes section 5(i), (iv) or (v). The living-spouse condition is section 5(i). Section 5(iv)…
Choose your answer
Under sections 5 and 11 of the Hindu Marriage Act, 1955, which of the following circumstances make a marriage void?
- I. Either party has a living spouse from a subsisting marriage when the later marriage is solemnized.
- II. The parties are within prohibited degrees of relationship and for at least one party, there is no governing custom or usage that permits the marriage.
- III. The parties are outside the prohibited degrees of relationship, but neither has a custom permitting such a marriage.
Answer and explanation
Correct answer A
Section 11 makes a marriage solemnized after commencement void if it contravenes section 5(i), (iv) or (v).
The living-spouse condition is section 5(i). Section 5(iv) generally bars marriages within prohibited degrees unless the custom or usage governing each party permits the marriage.
Parties outside the prohibited degrees do not need the section 5(iv) customary exception.
Option feedback
Option A
A subsisting earlier marriage and a prohibited relationship lacking the statutory custom exception each supply a ground of nullity.
Option B
Outside the prohibited degrees, section 5(iv) does not require a custom to allow the marriage.
Option C
It omits the living-spouse ground and adds an irrelevant absence of custom for parties outside the prohibited degrees.
Option D
Statement III is not a statutory nullity ground.
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