Hindu Marriage Act Section 5 — Conditions for a Hindu marriage
General
Summary
A Hindu marriage is legally valid only if both people meet certain conditions at the time of the wedding. Neither person can already be married to someone else who is still alive. Also, both must be mentally capable of agreeing to the marriage—meaning neither is unable to give consent due to unsoundness of mind, nor suffering from a mental disorder that makes them unfit for marriage and having children, nor having repeated attacks of insanity. The groom must be at least 21 years old and the bride at least 18. Finally, the couple cannot be within a prohibited degree of relationship or be sapindas (close blood relatives) of each other, unless their own custom or usage allows such a marriage.
Official Text
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 1. Subs. by Act 68 of 1976, s. 2, for cl.
(ii) (w.e.f. 27-5-1976).
(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 1***;]
(iii) the bridegroom has completed the age of 2 [twenty-one years] and the bride, the age of 3[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; 4* * * * * *