Section 5 of HMA : Section 5: Conditions For A Hindu Marriage

Explanation using Example

Imagine a situation where Arjun and Aarti, both practicing Hindus, decide to get married. They plan to have a traditional Hindu wedding ceremony. Before the wedding, they must ensure that they meet the conditions laid out in Section 5 of The Hindu Marriage Act, 1955:

• Firstly, they confirm that neither of them has a living spouse, which means they are not already married to someone else.
• Secondly, both Arjun and Aarti are of sound mind and capable of consenting to the marriage. Neither of them suffers from any mental disorder that could render them unfit for marriage.
• Arjun is 25 years old, and Aarti is 20, satisfying the age requirement for marriage under the Act.
• They check their family trees and confirm that they are not related in a way that would fall under the degrees of prohibited relationship, like being directly related or cousins.
• Lastly, they ensure that they are not sapindas to each other, which means they are not closely related through common ancestry in a way that would prohibit their marriage under Hindu law.

Having met all the conditions, Arjun and Aarti can legally marry under the Act.