Conditions necessary for a marriage
The following conditions are necessary:
- That neither party has a spouse living at the time of marriage.
- That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
- 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.
- That neither party has been subject to recurrent attacks of epilepsy or insanity.
- That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
- 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 notwithstanding 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.
- a. relationship by half or uterine blood as well as by fool blood;
- illegitimate blood relationship as well as legitimate;
- 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;