Is this marriage legal ?
salil bhardwaj
(Querist) 28 January 2015
This query is : Resolved
Respected All Experts,
please try to understand the below given chart.
ME ------> my father (X) ------> My grandfather (Y)
SHE ------> her mother (A) -----> her mother's father (B) -------->B's father (C)
Y AND C ARE REAL BROTHERS.
IS THIS RELATIONSHIP LEGAL ACCORDING TO HINDU MARRIAGE ACT ? I have read the 1955 hindu marriage act thoroughly but could not understand very clearly the definition of sapinda relation and prohibited degrees.
below pasted is the example of sapinda on wikipedia--
For example, if the bride is the offspring of any person within five generations (inclusive) on the groom's father's side and three generations (inclusive) on the groom's mother's side, or vice versa, they will be referred to as "sapindas" of each other. In these cases, the Hindu Marriage Act of 1955 bars marriage between two Hindus.
the phrase "ANY PERSON WITHIN FIVE GENERATIONS" confuses me. does this "any person" mean the full blood to my father or any damn person in that generation ?
waiting for your master strokes :)
yours
SB
Devajyoti Barman
(Expert) 28 January 2015
This is marriage will illegal. Forget this lady.
salil bhardwaj
(Querist) 28 January 2015
Dev sir,
thanks a lot for your revert.
earlier also i have posted this query and i got many a reverts that this is legal - does not come either under sapinda or prohibited relation.
request you to please check my query once again. my grandfather ( dada) and her maternal great grandfather ( her nana's father) were real brothers.
Dr J C Vashista
(Expert) 28 January 2015
Illegal marriage in Hindu's.
Dr. (Maj) J C Vashista, Advocate
Delhi High Court, New Delhi.
e-mail: majjagdish@yahoo.com
Mobile: +91 9891152939
salil bhardwaj
(Querist) 28 January 2015
Vashista Sir,
thanks for your valuable revert.
could you please explain why is this illegal ?
we both are not connected to each other with any direct lineal ascendent/ descendent. we have one common ascendent - who was my great grandfather ( my father's grandfather) and at the same time he was the girl's maternal grandfather's grandfather.
hindu marriage acts says that it is sapinda relation if the common ascendent falls within 5 generations from father's side and 3 generations from mother's side. in our case, the common linear ascendent is 4th gen from my side but 5th gen from girl's side.
request you to please clarify.
prabhakar singh
(Expert) 31 January 2015
Rules are enjoined by Hindu Law to prevent incestuous marriage. They have been modified by the Hindu Marriage Act, 1955 to some extent.
According to Smritis (e.g. Yajnavalkya Smriti) 7 degrees on the father’s side and 5 degrees on the mother’s side are prohibited degrees of relationship for a marriage. The Mitakshara, Vijnanesvara’s commentary on Yajnavalkya Smriti, explains how these degrees are to be counted. If the relationship of A is being traced A himself is counted as one degree weather in a line of ascent or in a line of descent. If there is a common ancestor the line diverges from him.
In such a case the common ancestor is also to be counted as one degree. Thus as regards collateral relations, we have to trace relationship through the common ancestor and he is to be reckoned as one degree. Balambhatti, the commentary on the Mitakshara, has elucidated the matter further.
Two collaterals can be treated as Sapindas only if with respect to each of them the common ancestor is within the limits of 7 or 5 degrees, ascent being traced, as the case may be, through the male or female line.
Biswanath Roy
(Expert) 06 February 2015
Learned Prabhakar Singhji is absolutely right as to its proper perspective and lawful thoughts lying behind. I AGREE WITH HIM.
prabhakar singh
(Expert) 06 February 2015
Thanks a lot to shri Biswanath Roy for he got my opinion right.
Sudhir Kumar, Advocate
(Expert) 23 March 2015
anyway the querist himself confirms that he has already got his advise on other thread and wants to take viva of experts again.
T. Kalaiselvan, Advocate
(Expert) 31 January 2015
