Preliminary

Section 5Conditions for a Hindu marriage

Section 5: Conditions for a Hindu marriage

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;

(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 ***;

(iii)

the bridegroom has completed the age of [twenty-one years] and the bride, the age of [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;

* * * * *

Amendment notes (5)
  1. Subs w.e.f. 27-5-1976 . Subs. by Act 68 of 1976, s. 2, for clause (ii) (w.e.f. 27-5-1976).
  2. omitted w.e.f. 29-12-1999 . The words or epilepsy omitted by Act 39 of 1999, s. 2 (w.e.f. 29-12-1999).
  3. Subs w.e.f. 1-10-1978 . Subs. by Act 2 of 1978, s. 6 and Schedule for elighteen years (w.e.f. 1-10-1978).
  4. Subs w.e.f. 1-10-1978 . Subs. by s. 6 and Schedule, ibid., for fifteen years (w.e.f. 1-10-1978).
  5. omitted w.e.f. 1-10-1978 . Clause (vi) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978).