Special marriage act,sapinda marriage
karthika
(Querist) 29 March 2018
This query is : Resolved
i like to marry my cousin, my father's father's father and groom father's father's father are same i.e my great grand father and his great grand father are same,so can i marry him,is it comes under sapinda marriage or sagotra marriage,is it legal to marry him??plz suggest me sir
Srajadvo460
(Expert) 29 March 2018
go through this judgement it may be helpful
https://indiankanoon.org/doc/92846055/
kavksatyanarayana
(Expert) 29 March 2018
It will come under Sapinda so it is void marriage.
Ms.Usha Kapoor
(Expert) 30 March 2018
iT IS A SAPINDA MARRIAGE HENCE VOID.
Guest
(Expert) 30 March 2018
Not a good proposal.
Vijay Raj Mahajan
(Expert) 30 March 2018
The relationship between both parties are within degree of prohibited relationship as both have same father's father's father or same great grandfather for the purpose of marriage under the Special Marriage Act, 1954 (the First Schedule Part 2 entry 5), as it is one of the condition under section 4 of the Act that parties should not be within the degree of prohibited relationship.
Guest
(Expert) 30 March 2018
If at all your Love is Genuine the " Living together ' can not be Legally objected by any one. It all depends on the genuineness of your love , honesty and faith. Once you becomes Parents automatically and Legally it would be valid as you both are husband and wife and more over father and mother.Think Twice and decide basing on the out come or the reaction or situation what you will have to face. If you are worried about it just forget it.
P. Venu
(Expert) 30 March 2018
The marriage is void unless there is prevalent custom in your community sanctioning such an alliance. However, the marriage is void only between the husband and wife.
Guest
(Expert) 30 March 2018
In other words, the adice of Mr. N.J.S. Rajkumar suggests as if he is in favour of your illicit relations even without marriage, may that be legal or illegal.
Guest
(Expert) 30 March 2018
Welcome Dhingra alias jigyasu first could you define what does Illicit mean
Guest
(Expert) 30 March 2018
Being you are a LKG Kid I should not ask you but tell me what does " Love " means
Guest
(Expert) 30 March 2018
Jigyasu alias Dhingra tell me what does it meant by " Love has No reason and Not even Season "
Guest
(Expert) 30 March 2018
Dhingra alias Jigyasy Is any where Living Together is Forbidden in our Law.
Guest
(Expert) 30 March 2018
Dhingra alias;Jigyasu being LKG Kid you should not discuss about all this being not aware of all this.
Guest
(Expert) 30 March 2018
@ Mr. N.J.s. Rajkumar,
If you feel yourself so ignorant about law, you may post your independent question in a separate thread to help you get adequately exposed. Many experts may like to respond to your post. Don't worry, I may try to be the first person to respond to that of your independent query. By that you would also be able to know where actually you stand as a legal expert, if you claim so.
You have advised the querist fort live in relations and the couple with sister & brother relations, may be of distant relations, becoming parents when you stated, "Once you becomes Parents automatically and Legally it would be valid as you both are husband and wife and more over father and mothe."
So, better it would be if you tell about the legality of your advice for the brother and sister relatives in becoming parents by live in relations.
I can understand well the reason of your multiple posts with the intention to add credits to your score to get yourself elevated in the ladder of experts. Readers very well understand the quality of advice of the experts, not by multiple vague and irrelevant posts, which you have resorted to for the last several days.
May you be jobless, but better avoid losing the balance of your mind, if not yet lost.
Guest
(Expert) 30 March 2018
Once again Welcome dhingra alias Jigyasu
Guest
(Expert) 30 March 2018
" The End of Law is not to abolish or to restrain but to preserve and enlarge Freedom " - John Locke
Guest
(Expert) 30 March 2018
Dhingra alias Jigyasu You have not explained or clarified the statement -" Love has No Reason Or Not even season "
Guest
(Expert) 30 March 2018
" Couples Living Together will be Presumed as Married " = refer Supreme court Rules Pronounced on April 13 2015
Guest
(Expert) 30 March 2018
You could better have added with your last post the words within inverted commas, "irrespective of Sapinda relationship".
Guest
(Expert) 30 March 2018
Thanks for your kind advise Jigyasu alias Dhingra you could add anything as you wish please.. Had Or Have your Lunch Please
Sudhir Kumar, Advocate
(Expert) 30 March 2018
law cannot be seen separately from morality. Such marriage is no doubt more immoral than being illegal and live in relation...................?
Guest
(Expert) 30 March 2018
Immoral- Stands for Bad Behaviour
Guest
(Expert) 30 March 2018
Illegal - Stands for not acceptable by Law
Guest
(Expert) 30 March 2018
Love- It is the Basic of Life.
Guest
(Expert) 30 March 2018
A Life with out Love is of No Accounts.. Love has No Labels Love has No Restrictions, .Love has No Definitions Love has No Customs.......
Guest
(Expert) 30 March 2018
Yes The True Love would have No Customs No definitions No Restrictions and No Barriers.
Guest
(Expert) 30 March 2018
Love is the Water of Life and Lover is the Soul of Life.
Guest
(Expert) 30 March 2018
The Universe would form differently When Fire Loves Water.
Guest
(Expert) 30 March 2018
Living together can not be objected by any Law Barriers
Guest
(Expert) 30 March 2018
Once a Child is born ' the Couples living together would be Presumed as Married "
Guest
(Expert) 30 March 2018
Any other doubt Mr Sudhir Kumar Please................ I had repeated it exclusively for your kindness.
Guest
(Expert) 30 March 2018
@ NJS Rajkumar,
Seemingly due to your joblessness, I can understand your feverish attempt to hunt client out of the querist by repeatedly showing your face through your multiple posts. But, rest assured, she does not have the need to hire any lawyer for the present problem, as she has already found solution to her academic query, that being not her real problem.
Guest
(Expert) 30 March 2018
Yes You are Right . Right Now now I am in the Place of the above client making all arrangements to them For Living Together.
T. Kalaiselvan, Advocate 
(Expert) 02 April 2018
It is an accepted fact that the marriage between sapinda relatives is void.
The word Sapinda means of the same pinda or having a common ‘pinda’. A pinda is capable of two meanings viz., ‘particles of body’ and “an oblation”.
In other words, according to the mitakshara school, the sapinda relationship arose from ‘community of blood’ or “community of particles of the same body.” The Dayabhaga, on the other hand, maintained that the relationship arose from a “community in the offering of funeral oblations.” Accordingly it meant a person connected by the same pinda i.e., funeral cake.
Clause (f)(ii) of Section 3 HMA lays down that two persons are said to be sapinda of each other if one is a lineal ascendant of the other within the limits of sapinda relationship or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them. Thus there are two categories of sapindas according to this clause: (1) a lineal ascendant within the limits of sapinda relationship, and (2) persons having common lineal ascendants within those limits.
Under the first category the male sapindas woirid be the father, father’s father, father’s father’s father, father’s father’s father’s father, mother’s father, father’s mother’s father, father’s mother’s father’s father, son, son’s son, son’s son’s son, son’s son’s son’s son, and daughter’s son. The female sapindas would include the mother, mother’s mother, father’s mother, father’s father’s mother, father’s father’s father’s mother, father’s mother’s father’s mother, father’s mother’s mother, daughter, daughter’s daughter, son’s daughter, soil’s son’s daughter, and son’s son’s son’s daughter.
Under the second category, two persons are sapindas of each other if their common lineal ascendant is within the limits of sapinda relationship, that is, within the fifth degree through his or her immediate male ascendant and within the third degree through his or her immediate female ascendant.
The Hindu Marriage Act, 1955, gave a new definition and mode of computation of Sapinda relationship, by virtue of which the Mitakshara and Dayabhaga interpretations have been given up. Under the present Act, the Sapinda relationship is confined to three generations upward from the mother’s side and five degrees upward from father’s side.
Guest
(Expert) 02 April 2018
Good! Of course with the sincere description about Sapinda, by the expert, Mr. Kalaiselvan, the querist has got the answer to his academic query, but regretfully very late, as the deadline for submission of his reply to this law school must have been over for long. The date of his marriage party with his law school would already have been over.
Ms.Usha Kapoor
(Expert) 13 May 2018
Love demands Sacrifice, trust and a strong affection for each other. It maybe platonic love or sexual love. witjh strong emotion attached to it.
Guest
(Expert) 13 May 2018
Ms. Usha Kapoor would have been justified for making the latest post about sacrifice for love, had she made clear, what sacrifice the querist should give for his love?
