Hindu Marriage Act, 1955 · Hindu marriages
Section 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) 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 2 ***];
(iii) the bridegroom has completed the age of [twenty-one years] and the bride, the age of [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;
4 * * * * *
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 5
- Nitaben Dinesh Patel v. Dinesh Dahyabhai Patel
- Krishnaveni Rai v. Pankaj Rai & Anr.
- Shayara Bano v. Union of India and Others
- Bhagwati @ Reena v. Anil Choubey
- Indra Sarma v. V.K.V. Sarma
- Bad Shah v. Sou.Urmila Badshah Goose & Anr
- Bheemraya v. Suneetha
- Flg. Officer Rajiv Gakhar v. Ms. Bhavana @ Sahar Wasif
- Bharatha Matha & Anr. v. R. Vijaya Renganathan & Ors.
- Challamma v. Tilaga & Ors.
- M. Yogendra & Ors. v. Leelamma N. & Ors
- Gullipilli Sowria Raj v. Bandaru Pavani @ Gullipili Pavani
- Chand Patel v. Bismillah Begum and Anr.
- Ramesh Chandra Rampratapji Daga v. Rameshwari Ramesh Chandra Daga
- Reema Aggarwal v. Anupam and Ors.
- R. Lakshmi Narayan v. Santhi
- Lily Thomas, Etc. Etc v. Union of India and Ors.
- Rameshw Ari Devi v. State of Bihar