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| Home > Family Law > Registered Marriage Under Special Marriage Act, 1954 |
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| Conditions Necessary for A Marriage |
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The following conditions are necessary:
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That neither party has a spouse living at the time of marriage.
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That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
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That neither party 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.
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That neither party has been subject to recurrent attacks of epilepsy or insanity.
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That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
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That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:
DEGREES OF PROHIBITED RELATIONSHIP
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Mother
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Father's widow (step mother)
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Mother's mother
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Mother's father's widow (step grand mother)
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Mother's mother's mother
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Mother's mother's father's widow
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Mother's father's mother
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Mother's father's father's widow (step great grand mother)
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Father's father's widow (step grand mother)
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Father's mother's mother
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That where the marriage is solemnized in the State of Jammu and Kashmir, both the parties are citizens of India domiciled in the territories to which this Act extends. |
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