Bill No. 19
Marriage And Divorce Bill
2009
PART VI—REQUIREMENTS, PRELIMINARIES AND SOLEMNIZATION OF
HINDU MARRIAGES
Requirements of a valid Hindu marriage
82. Conditions for Hindu marriages
(1) A Hindu marriage may be solemnized where the following
conditions are fulfilled—
(a) neither party has a spouse living at the time of the marriage;
(b) both parties are of sound mind at the time of the marriage;
(c) both parties have attained the age of eighteen years; and
(d) the parties are not within the prohibited degrees of
relationship specified in the Second Schedule to this Act,
unless the custom governing each of them permits of a
marriage between them.
(2) For the purposes of this section, two persons are within the
prohibited degrees of consanguinity where—
(a) one is a lineal ancestor of the other;
(b) one was the wife or husband of a lineal ancestor or
descendant of the other;
(c) one was the wife of the father’s or mother’s brother or of
the grandfather’s or grandmother’s brother of the other;
(d) one was the husband of the father’s or mother’s sister or of
the grandfather’s or grandmother’s sister of the other;
(e) they are brother and sister, uncle and niece, aunt and nephew
or children of brother and sister or of brothers or sisters; or
(f)
they have a common ancestor not more than two
generations distant if ancestry is traced through the mother
of the descendant or four generations distant if ancestry is
traced through the father of the descendant.
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