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

Jan 9, 2022 instantcourtmarriage No Comment 146 Views

“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;

“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.

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.