HMA 5 — Conditions for a Hindu marriage

Hindu Marriage Act, 1955

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;

[(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;

                         *                                *
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).

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