Hindu Marriage Act, 1955

Chapter -2

HINDU MARRIAGES

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§5

Conditions for a Hindu marriage

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
  • (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 1***;]

(iii)   the bridegroom has completed the age of 2 [twenty-one years] and the bride, the age of 3[eighteen years] 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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-1: PRELIMINARY