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Marriage of a Hindu male or female under the Hindu Marriage Act, 1955 with a person of unsound mind or…

Section 5(ii) of the Hindu Marriage Act, 1955 bars marriage where a party is incapable of valid consent through unsoundness of mind, or suffers from mental disorder of a…

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Marriage of a Hindu male or female under the Hindu Marriage Act, 1955 with a person of unsound mind or one suffering from mental disorder is

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Section 5(ii) of the Hindu Marriage Act, 1955 bars marriage where a party is incapable of valid consent through unsoundness of mind, or suffers from mental disorder of a kind or extent that makes them unfit for marriage, and under section 12(1)(b) a marriage contravening that condition is "voidable". It is not void, because section 11 makes void only breaches of section 5(i), (iv) and (v); it is not perfectly valid, since it can be annulled; and a guardian's consent has no bearing on it.

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