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Hindu Marriage Act, 1955 Section 5 - Bare Act

State

Central Government

Year

Section Title

Conditions for a Hindu Marriage

Act Info:



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

(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 2 [***];]

(iii) the bridegroom has completed the age of 3[twenty-one years] and the bride, the age of 4 [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;

5 [***]

__________________________

1. Substituted by Act 68 of 1976, section 2, for clause (ii). (w.e.f. 27-5-1976)

2. The words "epilepsy" omitted by Act 39 of 1999. sec. 2 (w.e.f. 29-12-1999)

3. Substituted by Act 2 of 1978, section 6 and Schedule, for "eighteen years" (w.e.f. 1.10.1978.)

4. Substituted by Act 2 of 1978, section 6 and Schedule, for "fifteen years" (w.e.f. 1.10.1978.)

5. Clause (vi) omitted by Act 2 of 1978, section 6 and Schedule, (w.e.f. 1.10.1978.)




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