HMA Section 5: Condition for a Hindu Marriage

¶5. Condition 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 of 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;