section 5
Conditions for Hindu marriages
The Jammu and Kashmir Hindu Marriage Act, 1980Civil198032 sections
Statutory text
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
- (i) neither party has spouse living at the time of the marriage;
- (ii) at the time of 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 or epilepsy;
- (iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen 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;
- (vi) where the bride has not completed the age of eighteen years the consent of her guardian in marriage, if any, has been obtained for the marriage.
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