Conditions Of Hindu Marriage Under Section 5 Of Hindu Marriage Act, 1955
Neither party has a spouse living at time of the marriage.
Capacity and Free Consent:
At the time of the marriage neither party. Is incapable of a giving vailed
consent to it in consequence unsounds of mind. or,
Capable of vailed consent has been suffering from mental disorder of such a
kind or to such as extend as to be unfit for marriage, and the procreation
Has been subject to recurrent attacks of insanity or epilepsy.
The bride groom has completed the age of 21 and bride has
completed the age of 18 years.
If the time of marriage bride age is not 18 then the bride can exercise the
option of puberty under section 13(2) of the Hindu Marriage Act, 1955 of decree
A marriage solemnized contrary to the rule of age limit neither void nor
voidable. In other words its completely valid. But the person are liable for
simple imprisonment . Which may extend to 15 days, or with fine. Which may
extend to 1000/- or both.
Decree of Prohibited Relationship:
Parties to the marriage should not be
with in decree of Prohibited relationship unless the custom permitted .
Following are the prohibited relationship -
A lineal ascendant/descendant . Ex - father and daughter, son and mother etc.
Wife or husband of a lineal ascendant or descendant. Ex - father in law and
widow daughter in law etc.
A man can't marry the widow who was the wife of his brother or uncle.
Brother and sister, Uncle and nice and aunt and nephew, children of brother and
sister or two brother's and sister or of two brother and two sister etc.
The parties to the marriage should not be sapinda of
each other unless the custom or usages permit.