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Section 5 of the Hindu Marriage Act: Conditions of Hindu Marriage

By Shivendra Pratap Singh
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Section 5: Conditions of 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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shivendra pratap singh advocate

Shivendra Pratap Singh

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Practising lawyer at the High Court Lucknow. Expertise in Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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