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Two Hindus who are sapindas of each other marry under the Hindu Marriage Act, 1955. No custom or usage…

Section 5(v) prohibits a marriage between sapindas unless the custom or usage governing each party permits it. Without that exception, section 11 makes the marriage void.

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Two Hindus who are sapindas of each other marry under the Hindu Marriage Act, 1955. No custom or usage governing each of them permits their marriage. What is its status?

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Answer and explanation

Correct answer A

Section 5(v) prohibits a marriage between sapindas unless the custom or usage governing each party permits it.

Without that exception, section 11 makes the marriage void.

Option feedback

Option A

Section 11 makes a marriage that contravenes section 5(v) void.

Option B

Section 11 makes this contravention a ground of voidness. Section 12 deals with voidable marriages.

Option C

The section 5(v) exception requires a permitting custom or usage governing each party, which is absent here.

Option D

Registration under section 8 facilitates proof of marriage and cannot cure this breach of section 5(v).

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