• Sapinda related queries

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
Asked 2 years ago in Family Law
Religion: Hindu

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11 Answers

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.

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Not rated

Proposed marriage is sapinda. Even relation through one spouse up to third generation is calculated as sapinda.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

It's not void

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

It can be registered under special marriage act 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

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

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

No, as it comes under prohibited relationship under HMA it may be declared void.

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Not rated

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

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes you can register the marriage under special marriage act too  based on the circumstances by complying with the requirements accordingly

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

This marriage would be void as per law.

It cannot be registered.

 

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

It cannot be registered under any act 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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