Under Hindu law, marriage between prohibited degrees of relationship and sapindas is prohibited. The marriage will be considered incest if it takes place between relations of sapindas.
My son wants to marry a girl who is daughter of my wife's cousin(aunt's son). They don't share same grand parents. Will this marriage be legally under any marriage act of India or will it be void. Also are sapinda from both parties calculated or if one party is out of generation degree (3rd in my son's case) he can proceed to marriage. Thanks
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Under Hindu law, marriage between prohibited degrees of relationship and sapindas is prohibited. The marriage will be considered incest if it takes place between relations of sapindas.
Proposed marriage is sapinda. Even relation through one spouse up to third generation is calculated as sapinda.
Can this marriage be registered under any other act other than hindu marriage act.
The Sapinda relationship refers to relationship extending as far as the fifth generation in the line of the ascent of father and the third generation in the line of the ascent of the mother, where the generation includes your son as the concerned person when tracking upward to be counted as the first generation.
marriage would not be void
It can be registered under special marriage act
Dear Client,
A person shall come under sapinda relation if they are related by any person within 5 generations from father's side and 3 generations from mother's side. thus if they share the same maternal great grandparents then they shall come under sapinda relation.
Moreover, this marriage can be valid if allowed by local customs.
No, if this is registered in any other acts also then it might be declared void.
Thank you
Sapinda relationship means extended relationships through generations such as father, grandfather etc.
The Hindu Marriage Act, 1955 have modified the concept of Mitakshara and prohibits the marriage between persons of Sapinda relationship.
Except when such marriage or union are permitted by valid custom or usage.
The custom must be a valid one as per Section 3 of the H M Act.
The sapinda relationship extends to a person as far as the third generation (inclusive) in the line of ascent through the mother and as far as the fifth generation (inclusive) in the line of ascent through the father
That is sapinda relationships are extended upto three generations for females and five generations for males.
There are some relationships in Hindu marriage in which the marriage cannot be solemnized, such type of relationships are called degrees of prohibited relationship.
The main purpose of this rule is to prevent incestuous marriage that is marriages between peoples of prohibited relationship such as brothers and sisters, children and grandchildren etc.
If a marriage comes under the degrees of prohibited relationship then that marriage will be void by Section 11 of the Act
Yes you can register the marriage under special marriage act too based on the circumstances by complying with the requirements accordingly