the Degrees of Prohibited Relationship under the Special Marriage Act, 1954

The Special Marriage Act, 1954, provides guidelines on the degrees of prohibited relationship to regulate marriages between individuals. These provisions aim to ensure the legality and societal acceptance of marital unions. Let’s explore the details outlined in the Act:

Degrees of Prohibited Relationship

According to the Special Marriage Act, individuals are within the degrees of prohibited relationship if a man is related to any person mentioned in Part I of the First Schedule, or a woman is related to any person mentioned in Part II of the same Schedule.

Explanation (I)

The Act defines relationship broadly, encompassing various aspects such as:

• Relationship by full, half, or uterine blood.
• Both legitimate and illegitimate blood relationships.
• Relationships by adoption or blood.

Explanation (II)

• Full Blood and Half Blood: Two individuals are related by full blood if they descend from a common ancestor by the same wife, and by half blood if they descend from a common ancestor but by different wives.

Explanation (III)

• Uterine Blood: Two persons are related by uterine blood if they descend from a common ancestress but by different husbands.

Explanation (IV)

• In the contexts provided in Explanations II and III, “ancestor” includes the father, and “ancestress” includes the mother.

The First Schedule: Degree of Prohibited Relationship

PART I

This part includes relationships like mother, daughter, sister, etc. It delineates the prohibited relationships from a male perspective.

Explanation: The term “widow” encompasses a divorced wife for the purposes of this Part.

PART II

This part comprises relationships such as father, son, brother, etc. It outlines the prohibited relationships from a female perspective.

Understanding the degrees of prohibited relationship outlined in the Special Marriage Act is crucial for individuals planning to marry under its provisions. Compliance with these regulations ensures the legality and societal acceptance of marital unions, promoting harmony and respect within familial relationships.

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 First Sshedule [Degree of Prohibited Relationship

PART – I

Mother.
Father’s widow (step mother).
Mother’s mother.
Mother’s father’s widow (step grand-mother).
Mother’s mother’s mother.
Mother’s mother’s father’s widow (step great grand-mother).
Mothers’s father’s mother.
Mother’s father’s father’s widow (step great grand-mother).
Father’s mother.
Father’s father’s widow (step grand-mother).
Father’s mother’s mother.
Father’s mother’s father’s widow (step great grand-mother).
Father’s father’s mother.
Father’s father’s father’s widow (step great grand-mother).
Daughter.
Son’s widow.
Daughter’s daughter.
Daughter’s son’s widow.
Son’s daughter.
Son’s son’s widow.
Daughter’s daughter’s daughter.
Daughter’s daughter’s son’s widow.
Daughter’s son’s daughter.
Daughter’s son’s son’s widow.
Son’s daughter’s daughter.
Son’s daughter’s son’s widow.
Son’s son’s daughter.
Son’s son’s son’s widow.
Sister.
Sister’s daughter.
Brother’s daughter.
Mother’s sister.
Father’s sister.
Father’s brother’s daughter.
Father’s sister’s daughter.
Mother’s sister’s daughter.
Mother’s brother’s daughter

Explanation –

For the purposes of this Part, the expression “widow” includes a divorced wife.
PART – II

Father.
Mother’s husband (step-father).
Father’s father.
Father’s mother’s husband (step grand-father).
Father’s father’s father.
Father’s father’s mother’s husband (step great grand-father).
Father’s mother’s father.
Father’s mother’s mother’s husband (step great grand-father).
Mother’s father.
Mother’s mother’s husband (step grand-father).
Mother’s father’s father.
Mother’s father’s mother’s husband (step great grand-father).
Mother’s mother’s father.
Mother’s mother’s mother’s husband (step great grand-father).
Son.
Daughter’s husband.
Son’s son.
Son’s daughter’s husband.
Daughter’s son.
Daughter’s daughter’s husband.
Son’s son’s son.
Son’s son’s daughter’s husband.
Son’s daughter’s son.
Son’s daughter’s daughter’s husband.
Daughter’s son’s son.
Daughter’s son’s daughter’s husband.
Daughter’s daughter’s son.
Daughter’s daughter’s daughter’s husband.
Brother.
Brother’s son.
Sister’s son.
Mother’s brother.
Father’s brother.
Father’s brother’s son.
Father’s sister’s son.
Mother’s sister’s son.
Mother’s brother’s son.