Section 5 Hindu Marriage Act - Conditions for a Hindu marriage

October 11,2018


Description

A marriage may be solemnized between any two Hindus, if
the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

1(ii) at the time of the marriage, neither party— (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

1. Subs. by Act 68 of 1976, s. 2, for clause (ii) (w.e.f. 27-5-1976).5
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity

(iii) the bridegroom has completed the age of 2 and the bride, the age of 3 at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;


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