5. Conditions for a Hindu marriage
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
neither party has a spouse living at the time of the marriage;
at the time of the marriage, neither party
is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
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
has been subject to recurrent attacks of insanity ***;
the bridegroom has completed the age of [twenty-one years] and the bride, the age of [eighteen years] at the time of the marriage;
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;
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)
- Subs w.e.f. 27-5-1976 . Subs. by Act 68 of 1976, s. 2, for clause (ii) (w.e.f. 27-5-1976).
- 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).
- 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).
- Subs w.e.f. 1-10-1978 . Subs. by s. 6 and Schedule, ibid., for fifteen years (w.e.f. 1-10-1978).
- omitted w.e.f. 1-10-1978 . Clause (vi) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978).