90,000+ Legal Questions Answered
Sapinda relationship
3 weeks ago
Please clarify, if being a girl I marry my mother's mausi's son's son. Then will it be illegal? Or it will come under the purview of a sapinda relationship?
Also our parents are first cousins then we'll be second cousins, so our common ancestors will be treated in the third generation criteria or the second generation criterion?
A.Dear Client,
Sapinda marriages are defined under Section 3 of the HMA, 1955, as two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other in the limits of said relationship, or if they have a common lineal ascendant who is within the limits of said relationship with reference to each of them. On the mother’s side, a Hindu individual cannot marry anyone who is within three generations of them in the “line of ascent”. On the father’s side, this prohibition applies to anyone within five generations of the individual. This means that on their mother’s side, an individual cannot marry their sibling (first generation), their parents (second generation), their grandparents (third generation), or an individual who shares this ancestry within three generations. If a marriage is found to violate Section 5(v) of the HMA, for being a sapinda marriage, and no established custom allows such a practice, it will be declared void. The exception to the prohibition of sapinda marriage is mentioned in Section 5(v) of the Hindu Marriage Act, 1955 and it states that if the customs of the individuals involved permit sapinda marriages, then such marriages would not be declared void. The definition of "custom" is provided in Section 3(a) of the HMA, stating that a custom must be continuously and uniformly observed for a long time and should have gained enough legitimacy among Hindus in a local area, tribe, group, or family, such that it has obtained the force of law.
Sapinda marriages are defined under Section 3 of the HMA, 1955, as two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other in the limits of said relationship, or if they have a common lineal ascendant who is within the limits of said relationship with reference to each of them. On the mother’s side, a Hindu individual cannot marry anyone who is within three generations of them in the “line of ascent”. On the father’s side, this prohibition applies to anyone within five generations of the individual. This means that on their mother’s side, an individual cannot marry their sibling (first generation), their parents (second generation), their grandparents (third generation), or an individual who shares this ancestry within three generations. If a marriage is found to violate Section 5(v) of the HMA, for being a sapinda marriage, and no established custom allows such a practice, it will be declared void. The exception to the prohibition of sapinda marriage is mentioned in Section 5(v) of the Hindu Marriage Act, 1955 and it states that if the customs of the individuals involved permit sapinda marriages, then such marriages would not be declared void. The definition of "custom" is provided in Section 3(a) of the HMA, stating that a custom must be continuously and uniformly observed for a long time and should have gained enough legitimacy among Hindus in a local area, tribe, group, or family, such that it has obtained the force of law.
Helpful
Helpful
Share
A.Dear sir,
If nobody is objecting you can go ahead. Only your spouse or her parents can file such complaint. In this developed nation there are no such restrictions and you may not be prosecuted on such grounds.
If nobody is objecting you can go ahead. Only your spouse or her parents can file such complaint. In this developed nation there are no such restrictions and you may not be prosecuted on such grounds.
Helpful
Helpful
Share
A.Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetically correct ie the kids born to people of close relative would have higher chances of having children who have some genetic abnormalities. But the same is not prohibited if it is established in your family that it is a custom in your family that is being followed from generations.
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetically correct ie the kids born to people of close relative would have higher chances of having children who have some genetic abnormalities. But the same is not prohibited if it is established in your family that it is a custom in your family that is being followed from generations.
Helpful
Helpful
Share
Read Related Answers
Marriage - married my sister with all the rituals
Dear Client,
If your sister wishes to continue the marriage, then it is advisable to seek the assistance of a marriage/family counselor to resolve the issues. Otherwise, your sister can file a suit fo...
OBC NCL certificate
Dear Sir,
It depends upon the circulars issued by the State and Central Government. Normally, the income for the last preceding year will be taken into consideration.
Marriage problem
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Court marriage
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
I am staying in pagree room
Dear Client,
In the given scenario, being a Sr. Citizen, you can resolve the issue by exercising your rights available under different laws of the land. Amongst others, you can file a complaint again...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
