Hindu Marriage Act,1955

Act No : 25

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Section : Conditions for a Hindu marriage.

5. 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 (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 or epilepsy;] (iii) the bridegroom has completed the age of 2[twenty- one years] and the bride the age of 2[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. 3* * * * * * * * *

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Prakash Yedhula wrote on 02 May 2009

Where the marriage is solemnized, disregarding the provision of Child Marriage Restraint Act, the petition of the wife claiming restitution of conjugal rights is liable to be dismissed.-Dinesh v.Rekha 1986 (1)HLR 265

Prakash Yedhula wrote on 02 May 2009

The expression “procreate” having a very wide meaning, indicating capacity of spouse to give birth as also to rear up the children.-Alka Sharma v.A.C.Sharma AIR 1991 MP 205.

Prakash Yedhula wrote on 02 May 2009

The expression “connivance” suggests some aiding or abetting which is active or some conduct sufficient to infer such aiding or abetting within the term “connivance”is included such conduct which would amount to passive acceptance of the lapse of the wife and the other men concerned-Krushan Chandra Patra v. Tanu Patra 1993 (1) HLR 116

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