Section 5 - HMA - 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.

* Subs. by Act 68 of 1976, s. 2, for clause (ii) (w.e.f. 27-5-1976)

** The words “or epilepsy” omitted by Act 39 of 1999, s. 2 (w.e.f. 29-12-1999)

*** Subs. by Act 2 of 1978, s. 6 and Schedule for “elighteen years” (w.e.f. 1-10-1978)

**** Subs. by s. 6 and Schedule, ibid., for “fifteen years” (w.e.f. 1-10-1978)

 Clause (vi) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978)