Degree of Prohibited relationship as per the Hindu Marriage Act, 1955
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955
Section 3 (f):
- “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;
- 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 of the other; 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.
The applicant is entitled for Marriage Registration Under the Hindu Marriage Act , 1955 if
- One party either Groom or Bride must be a citizen of India.
- Marriage has been solemnized within the territorial jurisdiction of NCT of Delhi.
- Marriage has been solemnized between any two Hindus, Buddhists, Jains or Sikhs.
- The groom should be of 21 years of age and the bride of 18 years. (As on Marriage Date).
- Neither party has at the time of registration more than one spouse living.
- Neither party is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
though capable of giving a valid consent 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; or has been subject to recurrent attacks of insanity or epilepsy; - The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two the parties are not “sapindas” of each other, unless the custom or usage governing each of them permits of a marriage between the two
- The parties have been living together as husband and wife.
- Both the parties (Bride and Groom) shall be present in person along with two witnesses bearing proof of permanent resident.
The Hindu Marriage Act, of 1955 is a law that governs the marriage of Hindus in India. It lays down the rules and regulations for the solemnization of Hindu marriage and also provides for the dissolution of a marriage. One of the important aspects of the Act is the degree of prohibited relationship, which is defined as the relationship between two persons who are not allowed to marry each other.
The degree of prohibited relationship is determined by the Hindu Marriage Act, of 1955. According to the Act, a marriage between two persons who are related to each other within the prohibited degrees of relationship is void. The prohibited degrees of relationship are as follows:
1. Lineal Ascendants: A person cannot marry his/her lineal ascendants, which include father, grandfather, great-grandfather, mother, grandmother, great-grandmother, etc.
2. Lineal Descendants: A person cannot marry his/her lineal descendants, which include a son, grandson, great-grandson, daughter, granddaughter, great-granddaughter, etc.
3. Brother and Sister: A person cannot marry his/her brother or sister, including half-brothers and half-sisters.
According to the Hindu Marriage Act, 1955, certain relationships are considered “prohibited degrees of relationship” and marriages between persons within these degrees of relationship are considered illegal and void.
The prohibited degrees of relationship under the Hindu Marriage Act, of 1955 are as follows:
Sapinda Relationship: Marriage between persons who are sapindas of each other is prohibited. Two persons are said to be sapindas of each other if they are descended from a common ancestor within five generations (inclusive) in the line of ascent through the mother, and within three generations (inclusive) in the line of ascent through the father.
Prohibited relationships on grounds of affinity: Marriage is also prohibited between persons who are related by adoption or by marriage. For example, a man cannot marry his wife’s sister, and a woman cannot marry her husband’s brother.
It is important to note that these rules may vary depending on the customs and traditions of the particular community or religion.
