Understanding the Degree of Prohibited Relationship under the Hindu Marriage Act, 1955
The Hindu Marriage Act, 1955, defines the parameters of prohibited relationships to regulate marriages within the Hindu community.
These provisions are crucial to prevent marriages that are considered culturally or socially unacceptable due to close familial ties. Let’s delve into the specifics outlined in the Act:
Sapinda Relationship (Section 3(f))
The concept of Sapinda relationship extends to the third generation through the mother’s line and the fifth generation through the father’s line. Here’s a breakdown:
- Line of Ascent through the Mother: Extends up to the third generation (inclusive) from the person concerned.
- Line of Ascent through the Father: Extends up to the fifth generation (inclusive) from the person concerned.
Two individuals are considered Sapindas of each other if:
- One is a lineal ascendant of the other within the specified limits.
- They share a common lineal ascendant within the limits of Sapinda relationship.
Degrees of Prohibited Relationship (Section 3(g))
The Act outlines various scenarios where individuals are deemed to be within the degrees of prohibited relationship. These include:
- Lineal Ascendants: One is a lineal ascendant of the other.
- Spousal Relationships: One was the spouse of a lineal ascendant or descendant of the other.
- Marriage within Close Relatives: This includes relationships such as:
- Wife of the brother
- Wife of the father’s or mother’s brother
- Wife of the grandfather’s or grandmother’s brother
- Sibling Relationships: This encompasses direct sibling relationships, as well as relationships between uncle and niece, aunt and nephew, or children of siblings.
Explanation
For clarity, the Act provides explanations regarding the definition of relationship. These include:
- Relationship by Half or Uterine Blood: Considers relationships through both half and full blood.
- Legitimacy of Relationship: Recognizes both legitimate and illegitimate blood relationships.
- Adopted Relationships: Acknowledges relationships by adoption as well as by blood.
Conclusion
The Hindu Marriage Act, 1955, meticulously defines the degrees of prohibited relationships to maintain the sanctity of marriages within the Hindu community.
By delineating specific parameters and scenarios, the Act aims to prevent unions that are culturally or socially unacceptable due to close familial ties. Understanding these provisions is essential for individuals planning to enter into marital bonds within the Hindu tradition
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