Fri. Nov 22nd, 2024

Nullity Of Marriage And Divorce

Section – 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;

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