section 5
Conditions for a Hindu marriage.
The Hindu Marriage Act, 1955Civil195537 sections
Statutory text
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 2 ***];
- (iii) the bridegroom has completed the age of 3[twenty-one years] and the bride, the age of 4[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; 4 * * * * *
1 Subs. by Act 68 of 1976, s. 2, for cl. (ii) (w.e.f. 27-5-1976).
2 The words "or epilepsy" omitted by Act 39 of 1999, s. 2 (w.e.f. 29-12-1999).
3 Subs. by Act 2 of 1978, s. 6 and Sch., for "eighteen years" (w.e.f. 1-10-1978).
4 Subs. by Act 2 of 1978, s. 6 and Sch., for "fifteen years" (w.e.f. 1-10-1978).
5 Clause (vi) omitted by Act 2 of 1978, s. 6 and Sch. (w.e.f. 1-10-1978).
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