Pages

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;

------------------------------
--------------------------------------------------


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.


59 comments:

AMIT said...

Good article written.

Rum Bookmark

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.

Unknown said...

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

Unknown said...

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

Dipak Nandy said...

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

Unknown 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?

Unknown said...

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

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

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

Unknown 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.....

Unknown said...

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

Unknown 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

Unknown 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.

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

Unknown said...

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

Unknown 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

Fastrac said...

No

Unknown said...

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

Unknown said...

Can i marry my fathers fathers brothers sons daughter please reply

Unknown 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

Ayushi JayaRaj 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

pratikpatil said...

As i am an Hindu Maratha and i live in Maharashtra ,is it allowed to marry my mother's sister's daughter's daughter...???

Unknown said...

Is it allowed to marry with maternal aunts sister's daughter in hindu.

DKNandan said...

Can I marry daughter of my mother's father's sister's daughter

bunny said...

is it acceptable to marry my mother's cousins daughter?

Unknown said...

Can i marry my dad's elder sisters husband's elder brother's grandson?

Anonymous said...

I am very happy today with my family. My name is rose sarah living in USA, My husband left me for a good 3 years now, and i love him so much, i have been looking for a way to get him back since then. i have tried many options but he did not come back, until i met a friend that darted me to Dr.Jude a spell caster, who helped me to bring back my husband after 2 weeks. Me and my husband are living happily together today, That man is great, you can contact him via email liberationlovespell@gmail.com… Now i will advice any serious persons that found themselves in this kind of problem to contact him now a fast solution without steress.. He always hello, now i call him my father.contact him now he is always online email (liberationlovespell@gmail.com) or contact him on his whatsapp mobile line +2348034062173

Anonymous said...

I am very happy today with my family. My name is rose sarah living in USA, My husband left me for a good 3 years now, and i love him so much, i have been looking for a way to get him back since then. i have tried many options but he did not come back, until i met a friend that darted me to Dr.Jude a spell caster, who helped me to bring back my husband after 2 weeks. Me and my husband are living happily together today, That man is great, you can contact him via email liberationlovespell@gmail.com… Now i will advice any serious persons that found themselves in this kind of problem to contact him now a fast solution without steress.. He always hello, now i call him my father.contact him now he is always online email (liberationlovespell@gmail.com) or contact him on his whatsapp mobile line +2348034062173

Unknown said...

Hello sir can I marry with my mother brother daughter daughter.pls answer

Unknown said...

Can I marry with my mother brother daughter daughter Pls answer

Unknown said...

Can i marry my fathers 2nd cousin sisters daughter

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

Can i marry my mothers fathers brothers daughters daughter? Please help me

Unknown said...

Hello my name is rebecaa queen i'm from USA i want to testify of a great and powerful spell caster my husband left me and the kids for 8 weeks now when i called him he didn't pick up when he came back home the 9th week he told me he wanted a divorce i was so sad i cried all night he left again i was so lonely the next day i was searching for something online when i found a spell caster called Dr abaka who have helped so many people with their problems so i contacted him with my problems he told me it will take 48hrs and my husband will be back to me i did every thing he told me to do and the next day my husband came back kneeling and begging he canceled the divorce we are now happy together Dr abaka can help you too Email him at drabakaspelltemple@gmail.com or WhatsApp +2349063230051

carolina peter said...

This is the most wonderful thing i have ever experienced. I visited here online on the 17 June and i saw a marvelous testimony of Tracie Adana from United States on the forum about the good works DR.tunde I never believed it, because have never heard anything about such miracle before. No body would have been able to convince me about it not until DR.tunde did a marvelous work for me that restored my marriage of 4 years by getting back my husband back i just as i read on the internet. I'm Carolina peter I was truly shocked when my husband knelt down pleading for forgiveness to accept him back. I am really short of words to use to show my appreciation to DR.tunde For his a God sent to me and my entire family for divine restoration of my marriage. Contact him now for any kind of help via Email:babatundesolutioncentre1@gmail.com or you can contact his whats app mobile line +2348143581382 Also specialize in treating all kinds of illness, HERPES VIRUS, HEPATITIS B, CANCER, BRAIN DISEASE, INFERTILITY, DIABETES AND MORE.

Aadhi said...

Yes

Alok K Verma said...

Can i marry a girl who is my grandfather's sister's son's daughter's daughter

Alok K Verma said...

P.S. i am forced to ask the question as many lawyers on paid websites have given mixed opinions( as few are in favour and few say it is not allowed)

Donna said...

HOW DR. UNEME brought back my ex lover unemespellben@gmail.com
Am DONNA, am from UK. After been in a relationship with my Boyfriend for 1 year now and we were planning to get married soon and all of a sudden he left me for another girl. of a truth, I really love this guy and never can I imagine life without him. I further tried all my best to get him back but all my effort to get him back in my life did not work out. It was on this faithful day, I came across some Testimonies on a website about this great spell caster called (Dr. UNEME) any persons claimed that he help them to renew their relationship and bring their ex lover back, I had to contact him because he was my last hope. I contacted him through his email and he assured me that in three days time my boyfriend is going to leave the other girl and come back to me and it was a very great surprise to see my boyfriend coming back to me after three days the spell was done. I am so very happy today that he came back to me and i achieved this with the help of Dr UNEME I equally want to use this opportunity to Tell/Advice to as many who need their ex back, if you need his help you can Contact him through
EMAIL: unemespellben@gmail.com WHATSAPP HIM @ +2348143813120


Thank You Once Again Dr.UNEME

lisa said...

All thanks to the might spell caster Dr okeke i can't believe I got my husband back to me again. with the help of Dr okeke spell I had read some stuff about Dr. okeke on the internet how he help people restore there marriage or relationship before i contact him he said he will help me bring him back to me I never wanted to believe him because of what I went through of those fake people who claims to be spell caster but i didn't know that all those great stuff I read about Dr okeke were so real and accurate until i got my ex back, after Dr okeke asking for my picture and my husband picture after some time Dr okeke call me and told me my husband is coming back home within 2days it was like a joke to me but i was so surprise that my husband who lift me about 5 months ago came back to me within 2 days asking for my forgiveness After getting my ex back i taught it wise to share my testimony and the good work of Dr okeke with every one on this website I know most people will not believe this testimony because of those fake people online who claims to be a spell caster well am telling the world now there are still real and truthful spell caster and Dr okeke is one of the best and true spell caster i have ever see contact Dr okeke today your problem will be solved Dr okeke is real and truthful spell caster that rebuild any broken relationship or marriage with love spell. Do feel free to Contact Dr okeke via email:( writelovespell@gmail.com.) or reach him on WhatsApp (+2348140443360) he the solution to your problem and predicament HE CAN ALSO HELP WITH THE FOLLOWING PROBLEM

1. HERPES CURE
2. CANCER CURE
3. PREGNANCY SPELL
4. DIABETES CURE
5. MARRIAGE SPELL

blogger said...

I have to thank the one man that was able to restore my broken relationship, I have always taught that white are more superior to black in all aspect of life, But this powerful spell caster called Dr.Abazara proved to me that intends of spell casting that Africans are the best. That is the reason why i will be recommending the services of Dr.Agbazara to all those that have been heart broken because just through these details: {agbazara@gmail.com} OR call him on +2348104102662 i was able to contact Dr.Agbazara and today i am happy

Unknown said...

I have a confusion that if boy's father's father and girl's mother's father were brothers. Can the boy and the girl marry each other?

All Problems. Solution is here. Yes Only you need to open your eye and see wisely. said...

Hey my friend also facing same this problem. Can u expain -- What will happen with them in near future