Section 11 of Hindu Marriage Act
Any marriage solemnised after the commencement of this Act shall be null and void
and may, on a petition presented by either party thereto 1[against the other party],
be so declared by a decree of nullity if it contravenes any one of the conditions
specified in clauses (i), (iv) and (v) of section 5.
Section 5 of HMA: Conditions for Hindu Marriage
A marriage may be solemnized between any two Hindus, if the following conditions
are fulfilled, namely:—
- 1 neither party has a spouse living at the time of the marriage;
- 2. 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;
- (c) has been subject to recurrent attacks of insanity
- 3. the bridegroom has completed the age of 21 years and the bride, the age of 18
years at the time of the marriage;
- 4. 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;
- 5. the parties are not sapindas of each other, unless the custom or usage governing
each of them permits of a marriage between the two;