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Section 5: Conditions for a Hindu marriage

The Hindu Marriage Act, 1955Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 25 of 1995

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 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;

4 * * * * * *

6. [Guardianship in marriage.]—Omitted by the Child Marriage Restraint (Amendment) Act, 1978, (2 of 1978), s. 6 and Schedule (w.e.f. 1-10-1978).

Where this provision sits

ActThe Hindu Marriage Act, 1955
Section5
Marginal noteConditions for a Hindu marriage
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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