A marriage between any two Hindus may be solemnised under Section 5 of the HMA if the following conditions are met: –
(i) At the time of the marriage, neither party has a live spouse;
(ii) neither party at the time of the marriage:
(a) is incapable of giving valid consent to it due to insanity; or is unable of giving valid consent to it due to insanity.
(b) although being capable of giving valid consent, has been suffering from a mental condition of such a nature or extent that he or she is unsuited for marriage and childbearing; or
(c) has suffered from frequent fits of lunacy.
(iii) At the time of the marriage, the bridegroom has reached the age of [twenty-one years] and the bride has reached the age of [eighteen years];
(iv) the parties are not in a banned relationship unless the custom or usage that governs each of them allows for a marriage between them;
(v) Unless each party’s custom or use approves a marriage between them, the parties are not sapindas of each other.