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 applicant is entitled for Marriage Registration Under and Special Marriage Act , 1954 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 persons of different religion.
- 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
- Both the parties (Bride and Groom) shall be present in person along with three witnesses bearing proof of permanent resident.
The Special Marriage Act, of 1954 is a law that governs marriages between two individuals who are not from the same religion, caste, or creed. It is a secular law that allows couples to marry without any religious or social restrictions. The Act also provides for the registration of such marriages and the recognition of the rights of the parties involved.
The Special Marriage Act also lays down certain degrees of prohibited relationships between two individuals who wish to marry. These degrees of prohibited relationship are based on the relationship between the two individuals and their respective families. The Act states that a marriage between two individuals who are related to each other within the degrees of prohibited relationship is void and cannot be registered under the Act.
The degrees of prohibited relationships are as follows:
1. Lineal Ascendants and Descendants: This includes the father, mother, grandfather, grandmother, great-grandfather, great-grandmother, son, daughter, grandson, granddaughter, great-grandson, and great-granddaughter.
2. Collateral Ascendants and Descendants: This includes the brother, sister, uncle, aunt, nephew, niece, great-uncle, great-aunt, great-nephew, and great-niece.