Conditions of Hindu Marriage — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. How many conditions does Section 5 of the Hindu Marriage Act prescribe for a valid marriage?

   • Three
   • Four
   • Five (correct answer)
   • Seven

   Explanation. Section 5 lists five conditions: monogamy, mental capacity, age, prohibited relationship, and sapinda relationship.

2. A marriage solemnised in breach of the monogamy condition under Section 5(i) is:

   • Voidable
   • Void (correct answer)
   • Merely irregular
   • Valid but penal

   Explanation. Breach of Section 5(i) makes the marriage void under Section 11.

3. Which case held that a bigamous second marriage is void and the second "wife" cannot claim maintenance as a wife?

   • Sarla Mudgal
   • Yamunabai Anantrao Adhav (correct answer)
   • Badri Prasad
   • Lata Singh

   Explanation. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav held the bigamous marriage void, with no maintenance as a wife.

4. A breach of the mental-capacity condition under Section 5(ii) makes a marriage:

   • Void
   • Voidable (correct answer)
   • Illegal but valid
   • Compulsorily registered

   Explanation. Breach of Section 5(ii) makes the marriage voidable under Section 12(1)(b), not void.

5. What is the legal consequence of marrying below the prescribed age under Section 5(iii)?

   • The marriage is void
   • The marriage is voidable
   • The marriage remains valid; only a penalty under Section 18 applies (correct answer)
   • The marriage requires re-solemnisation

   Explanation. An age violation neither voids nor makes the marriage voidable — only a Section 18 penalty applies.

6. A marriage between sapindas is void under Section 11 unless:

   • Both parties are over 25
   • A valid custom permitting such marriage is proved (correct answer)
   • The marriage is registered
   • Both parties consent in writing

   Explanation. Section 5(v)'s sapinda bar can be overridden if a genuine custom permitting such marriage is proved.

7. Under section 5(iii) of the Hindu Marriage Act, the minimum ages for marriage are:

   • 18 for the bridegroom and 15 for the bride
   • 21 for the bridegroom and 18 for the bride (correct answer)
   • 25 for the bridegroom and 21 for the bride
   • 18 for both

   Explanation. Section 5(iii) fixes the minimum ages at 21 for the bridegroom and 18 for the bride. A breach does not void the marriage; only a penalty under section 18 applies.

8. Which of these is NOT one of the five conditions under Section 5?

   • Monogamy
   • Mental capacity
   • Registration of the marriage (correct answer)
   • Age of the parties

   Explanation. Registration is dealt with separately under Section 8, not as a Section 5 condition.

9. Section 5(i) of the Hindu Marriage Act, 1955 requires that at the time of marriage:

   • Both parties are over twenty-five
   • Neither party has a spouse living (correct answer)
   • Both parties belong to the same caste
   • Both parties have their parents' consent

   Explanation. Section 5(i) allows a Hindu marriage only if neither party has a spouse living at the time of the marriage.

10. A Hindu marries again while the first spouse is alive. The second marriage is:

    • Void under Section 11 (correct answer)
    • Voidable under Section 12
    • Valid, but punishable
    • Valid if the first spouse consents

    Explanation. Section 11 makes a marriage that breaks Section 5(i) void, and either party can seek a decree of nullity.

11. Section 17 of the Hindu Marriage Act, 1955 provides that bigamy is punishable under:

    • Section 125 of the Code of Criminal Procedure
    • Section 13 of the Hindu Marriage Act
    • Sections 494 and 495 of the Indian Penal Code, now Section 82 of the Bharatiya Nyaya Sanhita, 2023 (correct answer)
    • Article 21 of the Constitution

    Explanation. Section 17 applies Sections 494 and 495 of the Indian Penal Code, which are now Section 82 of the BNS.

12. In Sarla Mudgal v. Union of India, the Supreme Court held that a Hindu husband who converts to Islam and marries again:

    • Is free to marry again
    • Has dissolved the first marriage by converting
    • Is liable only to pay maintenance
    • Remains married to the first wife and is guilty of bigamy (correct answer)

    Explanation. The Court held that conversion does not dissolve the first Hindu marriage. The second marriage is void under Section 494 IPC and the husband is guilty.

13. Under Section 82(2) of the Bharatiya Nyaya Sanhita, 2023, bigamy with concealment of the first marriage carries imprisonment up to:

    • Two years
    • Ten years, and a fine (correct answer)
    • Five years
    • Seven years only

    Explanation. Section 82(1) is up to seven years and a fine. Section 82(2), where the former marriage is concealed, is up to ten years and a fine.