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THE GAZETTE OF INDIA EXTRAORDINARY
[Part II
Hindu marriages
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) neither party is an idiot or a lunatic at the time of the marriage;
- (iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen 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;
- (vi) where the bride has not completed the age of eighteen years, the consent of her guardian in marriage, if any, has been obtained for the marriage.
6. Guardianship in marriage—(1) Wherever the consent of a guardian in marriage is necessary for a bride under this Act, the persons entitled to give such consent shall be the following in the order specified hereunder, namely:—
- (a) the father;
- (b) the mother;
- (c) the paternal grandfather;
- (d) the paternal grandmother;
- (e) the brother by full blood; as between brothers the elder being preferred;
- (f) the brother by half blood; as between brothers by half blood the elder being preferred:
- Provided that the bride is living with him and is being brought up by him;
- (g) the paternal uncle by full blood; as between paternal uncles the elder being preferred;
- (h) the paternal uncle by half blood; as between paternal uncles by half blood the elder being preferred:
- Provided that the bride is living with him and is being brought up by him;
- (i) the maternal grandfather;
- (j) the maternal grandmother;
