Hindu Marriage Act

Querist : Anonymous (Querist) 25 December 2009 This query is : Resolved
Respected Experts,
Please, read the sub clause (ii), of Hindu Marriage Act.

5. 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) neither party is an idiot or a lunatic at the time of the marriage;
Now my questions are -

What is the definition of an idiot and lunatic in law? What will be the consequence if they get married? Is major depression comes under the above? Please answer.
Thanks to all.

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adv. rajeev ( rajoo ) (Expert) 25 December 2009
I couldn't find cluuse ii in sec 5 of HM act.

prakash vathore (Expert) 25 December 2009
yes major depression comes under this catagory.

N.K.Assumi (Expert) 25 December 2009
According to medical authorities depression falls under dementia.

Raj Kumar Makkad (Expert) 25 December 2009
The definition of lunatic is given in section 2 of Mental Health Act wherein depression is also included in such diseases.

bhupender sharma (Expert) 25 December 2009
It would be better to refer the law Dictionary Titled as 'Blacks" law dictionary for the meaning of Lunatic

Sachin Bhatia (Expert) 25 December 2009
There are four kinds of person who may be said to be non compos mentis (not of sound mind)
(1) an idiot - an idiot is one who from birth had defective mental capacity. This
infirmity in him is perpetual without lucid intervals;
(2) one made so by illness - by illness, a person is made non compos mentis. He is
therefore excused in case of criminal liability, which he acts under the influence of this disorder;
(3) a lunatic or a madman - lunatics are those who become insane and whose incapacity might be or was temporary or intermittent. A lunatic is afflicted by mental disorder only at certain period and vicissitudes, having intervals of reason7; and
(4) one who is drunk - this is covered under IPC, s. 85.

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