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ESSENTIALS OF A VALID HINDU MARRIAGE:
- Must not have a spouse alive.
- neither party is
- incapable of giving consent due to unsoundness of mind.
- though capable of giving consent, is unfit for marriage and procreation of children due to mental disorder.
- suffers from recurrent attacks of insanity.
- Boy is over 21 and girl is over 18.
- Parties are not within degrees of prohibited relationship.
- Parties are not sapindas. For example, if the bride is the offspring of any person within five generations (inclusive) on the groom’s father’s side and three generations (inclusive) on the groom’s mother’s side, or vice-versa, they will be referred to as “sapindas” of each other. In these cases, the Hindu Marriage Act of 1955 bars marriage between two Hindus.
THE NON-PERFORMANCE OF THE ABOVE MENTIONED ESSENTIALS MAKE THE MARRIAGE EITHER VOID OR VOIDABLE. Read More…