Necessary Conditions For A Marriage

The following conditions are necessary :

1. That neither party has a spouse living at the time of marriage.
2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
3. 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.
4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
6. 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 nonwithstanding that they are within the degrees of prohibited relationship as follows :

degrees of prohibited relationship

A man and any of the person mentioned in part I of the first schedule and a woman and any of the person mentioned in Part II of the said schedule are with in the degrees of prohibited relationship.

Relationship includes

1. relationship by half or uterine blood as well as by fool blood;
2. illegitimate blood relationship as well as legitimate;
3. relationship by adoption as well as by blood; and all terms of relationship in this Act shell be construed accordingly.

''Full blood'' and ''half blood''- Two person are said to be related to each other by full blood when they are descended from the common ancestor but by different wives.

''Uterine blood''- Two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

''Ancester'' includes the father and ''ancestress'' the mother.

THE FIRST SCHEDULE

PART I

1. Mother
2. Father's widow (step-mother).
3. Mother's mother
4. Mother's father's widow (step grand-mother).
5. Mother's mother's mother.
6. Mother's mother's father's widow.
7. Mother's father's mother.
8. Mother's father's father's widow (step great grand-mother.)
9. Father's mother.
10. Father's father's widow (step grand-mother).
11. Father's mother's mother.
12. Father's mother's father's widow (step great grand-mother).
13. Father's father's mother.
14. Father's father's father's widow (step great grand-mother).
15. Daughter.
16. Son's widow.
17. Daughter's daughter.
18. Daughter's son's widow.
19. Son's daughter.
20. Son's son's widow.
21. Daughter's daughter's Daughter.
22. Daughter's daughter's son's widow.
23. Daughter's son's daughter.
24. Daughter's son's son's widow.
25. Son's daughter's daughter.
26. Son's daughter's son's widow.
27. Son's son's daughter.
28. Sister.
29. Sister's daughter.
30. Brother's daughter.
31. Mother's sister.
32. Father's sister
33. Father's sister.
34. Father's brother's daughter.
35. Father's sister's daughter.
36. Mother's sister's daughter.
37. Mother's brother's daughter.

For the purpose of this part, widow includes a divorced wife.

PART II

1. Father.
2. Mother's husband(step father).
3. Father's father.
4. Father's mother's husband(step grand-father).
5. Father's father's father.
6. Father's father's mother's husband(step great grand-father).
7. Father's mother's father.
8. Father's mother's mother's husband (step great grand-father).
9. Mother's father.
10. Mother's mother's husband (step grand-father).
11. Mother's father's father.
12. Mother's father's mother's husband.
13. Mother's mother's father.
14. Mother's mother's mother's husband.
15. Son.
16. Daughter's husband.
17. Son's son.
18. Son's daughter's husband.
19. Daughter's son.
20. Daughter's daughter's husband.
21. Son's son's son.
22. Son's son's daughter's husband.
23. Son's daughter's son.
24. Son's daughter's daughter's husband.
25. Daughter's son's son.
26. Daughter's son's daughter's husband.
27. Daughter's daughter's son.
28. Daughter's daughter's daughter's husband.
29. Brother.
30. Brother's son.
31. Sister's son.
32. Mother's brother.
33. Father's brother.
34. Father's brother's son.
35. Father's sister's son.
36. Mother's sister's son.
37. Mother's brother's son.

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.