Degrees of Prohibited relationship as per the Special Marriage Act 1954
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 (IV) – In Explanations II and III, “ancestor” includes the father and “ancestress” the mother
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The Special Marriage Act 1954 is an Act of the Parliament of India enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The Act also provides for the registration of such marriages. The Act is applicable to the whole of India except the State of Jammu and Kashmir.
The Special Marriage Act 1954 lays down the degrees of prohibited relationship between two parties who wish to marry. According to the Act, a man and a woman cannot marry if they are related to each other in any of the following ways:
1. Lineal Ascendants: A man and a woman cannot marry if they are related to each other as lineal ascendants, i.e. if one is the father, grandfather, great-grandfather, etc. of the other.
2. Lineal Descendants: A man and a woman cannot marry if they are related to each other as lineal descendants, i.e. if one is the son, grandson, great-grandson, etc. of the other.
3. Brother and Sister: A man and a woman cannot marry if they are brother and sister, either by whole blood
