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Which of the following is correct?

Question and options

Which of the following is correct?
  1. Two Hindus can validly marry each other even if one of them has a spouse living
  2. Two Hindus cannot validly marry each other if one of them has a spouse living
  3. A Hindu male aged 18 years can marry a Hindu female aged 12 years
  4. Two Hindus who are within the Sapinda relationship to each other can marry each other

Answer and explanation

Correct answer: B - Two Hindus cannot validly marry each other if one of them has a spouse living
Under section 5(i) of HMA (Hindu Marriage Act, 1955) neither party may have a spouse living at the time of the marriage, and section 11 makes a marriage in breach of that condition void; so two Hindus cannot validly marry if one of them has a spouse living. Section 5(iii) requires the bridegroom to have completed 21 years and the bride 18, so the Act does not permit marriage with a girl of 12, and section 5(v) bars marriage between sapindas unless a custom governing both permits it.

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