Conditions for a Hindu marriage
AI Assist
Summary
Marriage is allowed only if both parties are Hindus, neither has a living spouse, and both can give valid consent: no unsoundness of mind, no mental disorder making them unfit for marriage or procreation, and no recurrent attacks of insanity. The groom must be at least 21 and the bride at least 18. They must not be within prohibited degrees of relationship or be sapindas of each other unless their custom permits it.
Example
Arjun is 20 and Diya is 17; they want to marry. Their marriage cannot be solemnized because the law requires the groom to be at least 21 and the bride at least 18.
Bare Act
Enacted textA 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-
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(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
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(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
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(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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