Degrees of Prohibited relationship as per the Special Marriage Act
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.
