Friday, May 29, 2009

Degree of Prohibited relationship as per the Hindu Marriage Act, 1955

This clause prevents marriages between prohibited degree of relationships and sapindas. This provision has a scientific base because the prevention of a marriage between persons of prohibited degree of relationship or sapindas, will actually prevent the birth of physically deformed children or deaf, dumb and blind children, because the possibility of delivering such children is more in marriages between persons of prohibited relationship and sapindas.

Section 3 (f):

i. "
Sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

ii. two persons are said to "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

Section 3 (g):

"
degrees of prohibited relationship" – two persons are said to be within the "degrees of prohibited relationship" –

if one is a lineal ascendant of the other; or 
if one was the wife or husband of a lineal ascendant or descendant of the other; or 
if one was the wife of the brother or the father’s or mother’s brother or of the grandfather’s or grandmother’s brother; or 
if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters; 
Explanation – For the purposes of clauses 3(f) and 3(g), relationship includes –

relationship by half or uterine blood as well as by full blood; 
illegitimate blood relationship as well as legitimate; 
relationship by adoption as well as by blood; 
and all terms of relationship in those clauses shall be construed accordingly.

Degrees of Prohibited relationship as per the Special Marriage Act, 1954

Section 2 (b):

"
Degrees of prohibited relationship" – a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.

Explanation (I) – Relationship includes, --

relationship by half or uterine blood as well as by full blood; 
illegitimate blood relationship as well as legitimate; 
relationship by adoption as well as by blood; 
and all terms of relationship in this Act shall be construed accordingly.

Explanation (II) – "Full blood" and "half blood" – two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) – "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.

Explanation (IV) – In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;

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THE FIRST SCHEDULE [ DEGREE OF PROHIBITED RELATIONSHIP]

PART – I

Mother. 
Father’s widow (step mother). 
Mother’s mother. 
Mother’s father’s widow (step grand-mother). 
Mother’s mother’s mother. 
Mother’s mother’s father’s widow (step great grand-mother).

Mother's father’s mother. 
Mother’s father’s father’s widow (step great grand-mother). 
Father’s mother. 
Father’s father’s widow (step grand-mother). 
Father’s mother’s mother. 
Father’s mother’s father’s widow (step great grand-mother). 
Father’s father’s mother. 
Father’s father’s father’s widow (step great grand-mother). 
Daughter. 
Son’s widow. 
Daughter’s daughter. 
Daughter’s son’s widow. 
Son’s daughter. 
Son’s son’s widow.
Daughter’s daughter’s daughter. 
Daughter’s daughter’s son’s widow. 
Daughter’s son’s daughter. 
Daughter’s son’s son’s widow. 
Son’s daughter’s daughter. 
Son’s daughter’s son’s widow. 
Son’s son’s daughter. 
Son’s son’s son’s widow. 
Sister. 
Sister’s daughter. 
Brother’s daughter. 
Mother’s sister. 
Father’s sister. 
Father’s brother’s daughter. 
Father’s sister’s daughter. 
Mother’s sister’s daughter. 
Mother’s brother’s daughter.

Explanation – For the purposes of this Part, the expression "widow" includes a divorced wife.

PART – II 

Father. 
Mother’s husband (step-father). 
Father’s father. 
Father’s mother’s husband (step grand-father). 
Father’s father’s father. 
Father’s father’s mother’s husband (step great grand-father). 
Father’s mother’s father. 
Father’s mother’s mother’s husband (step great grand-father). 
Mother’s father. 
Mother’s mother’s husband (step grand-father). 
Mother’s father’s father. 
Mother’s father’s mother’s husband (step great grand-father).

Mother’s mother’s father. 
Mother’s mother’s mother’s husband (step great grand-father). 
Son. 
Daughter’s husband.
Son’s son.
Son’s daughter’s husband. 
Daughter’s son. 
Daughter’s daughter’s husband. 
Son’s son’s son. 
Son’s son’s daughter’s husband. 
Son’s daughter’s son. 
Son’s daughter’s daughter’s husband. 
Daughter’s son’s son. 
Daughter’s son’s daughter’s husband. 
Daughter’s daughter’s son. 
Daughter’s daughter’s daughter’s husband. 
Brother. 
Brother’s son. 
Sister’s son. 
Mother’s brother. 
Father’s brother. 
Father’s brother’s son. 
Father’s sister’s son. 
Mother’s sister’s son. 
Mother’s brother’s son. 

Explanation – For the purposes of this Part, the expression "husband" includes a divorced husband. 

Legal consequences are that the marriage is void.

Void marriage

Section 11 of the Act provides the circumstances under which a marriage shall be declared null and void, on a petition presented by either party on the grounds that the marriage contravened the conditions specified for a valid marriage in section 5 which are;

Neither party must have a living spouse at the time of marriage 

The parties are not within the degrees of prohibited relationship unless the custom or usage of either party permits marriage between such parties within a prohibited relationship. 

The parties are not sapindas of each other unless the custom or usage of the parties permits marriage between them. 

A marriage which is solemnized after the commencement of this Act in contravention of any of the conditions mentioned above is null and void ab initio from its inception and either party can obtain a decree of nullity from the Court. Any marriage that is null and void shall be so declared, and dissolved by the court on a petition presented by either party.

Legitimacy of children born out of a void marriage

Section 16 of the Act grants legitimacy to the children who are born out of a void marriage and declares them to be legitimate regardless of a decree of nullity being passed by the Court.


37 comments:

AMIT said...

Good article written.

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Sarvotham said...

I have gone through the article which is well written.I have a doubt as to whether the following falls within the prohibited relationship- Boy's mother's father and the girl's mother's father are brothers. The boy wants to marry the girl.

Sarvotham said...

I have gone through the article-well written.I have a doubt as to whether the following falls within the purview of prohibited relationship-
Boy's mother's father and girl's mother's father are brothers.The boy wants to marry the girl.

sandy said...

what if the boy is girl's mother's mother's brother's son and girl is boy's father's sister's daughter's daughter?
and whether the cousins are considered as brothers and sisters?

prema said...

can i marry my mother's cousin brother's daughter?

Isabel said...

Can you marry your god Brother even though there is no blood relations.

swamy.c.n sachhid said...

Can I marry, my mother's, mother's, brother's daughter

Krati Mehrotra said...

can i marry my father's sister's son?

Dipak Nandy said...

Can I marry my mother's sister's son's daughter?

Raj Kumar said...

my friend has a problem that he loved a girl, who is his father's sister(not own sister but same sir name and she is younger than him) .They were not aware of relationship at the time of love and they were being loved each other for 4 years and
They were majors.
Now they are known about it .. They are thinking of living each other forever...
plz plz plz provide your valuable suggestions so that they should live one for another..

vanapandi said...

My frnd has pblm..2 yrs back my friend elder brother got married .that brother wife has elder sister and she got a daughter. Now my friend love with that daughter. Is this valid relationship to marry her?

shweta mohite said...

hi i have a big query
if the relation is my Mother's-Mother's-Sister's-Son???
is it prohibited or not

Sundar Roshni said...
This comment has been removed by the author.
Sundar Roshni said...

Please guide if it is legal to marry mother's cousin (brother). As I was not able to understand from your article.

Babu Bhai said...

CAN ANYONE HELP ME OUT.....can I marry with my Mother's brother's daughter's daughter (My Maternal Cousine sisters's daughter) according to hindu marriage act.....

Rajesh Thakore said...

Can my daughter get married to real uncle's son under special Marraige act.

kavita kumari gond said...

sir can i marry my father's elder father(bade papa)'s son..according to hindu marriage act...

Ritu said...

Is it legal to marry ur mothe's sister daughter

Pradeep Rajput said...

I married with my mother's sister's husband's brother's daughter.
I have a leagal govt cirtificate.
Every one tell that it is illigal.
That she is my sister.
Give your suggesstion.

Shri Mukesh Aghori Ji said...

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Husband Wife Dispute Specialist
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Amit said...

Hello,

I have a friend who is married for last five years and is facing a lot of issues in the marriage. In fact.for last 2-3 years, they both are not even eating and sleeping together though living in the same family. The boy wants to get separated with mutual consent but the girl is being demanding a property in her name or otherwise will not separate and also spoil his life.

Now while all this is going on i came across an article on sapinda relationships, which really made me think about their relationship. These two are also first cousins, son and daughter of two real sisters. Now i need to understand whether divorce is the right way or their marriage is already illegal and stands void as they are first cousins.

Please guide a way so that I can help my friend and save him from mental trauma which he is undergoing for last so many years.

Thanks in anticipation.

NIKHIL 3011 said...

can i marry my fathers real brothers sons daughter

karan sharma said...

(Petitioner) mother's-father's-son's daughter's-daughters(Respondent) can marry

Nitesh Rajput said...

Can I do court marriage with my mother's brother's daughter. Please give correct information.

phillip said...

Can I marry my father's brother's wife's sister's daughter if yes how to face the our society which says it's not right as they call it brother and sister in relation.

sheba eve said...

hi can someone hear me out.. if by any chance. i have a brother by religion, not blood related just by religion.. can he marry me???? thanks guys

Unknown said...

No

Sumeet Talreja said...

Hi sir I just wanted to know that, can my sister marry our mother's sister's son.
Plz advice.

Rahul Raju said...

Can i marry my fathers fathers brothers sons daughter please reply

Bishwajeet kumar Dey said...

Have you got the answer please let me know

Unknown said...

Hello did you got answer for ur question.because my problem is same as that u had

RVS said...

If B is a real elder brother of A. Unfortunately B dies after 1 months of his marriage with C. A can marry with C ? Is this void or valid? Please explain

RVS said...

If B is a real elder brother of A. Unfortunately B dies after 1 months of his marriage with C. A can marry with C ? Is this void or valid? Please explain

Unknown said...

Can I marry my paternal grandfather's sister's son's sister's daughter's son's son?

Unknown said...

Sir can i marry my matrernal grandmother brother son daughter

Shaistha said...
This comment has been removed by the author.
Unknown said...

Can i marry my fathers borthers daughter...? If no, what are the legal consequences