Sapinda relationship
Sanjeev
(Querist) 09 May 2012
This query is : Resolved
Dear sir/madam,
I want to marry my Father's-->mother's-->sister's-->son's-->daughter who will become my second cousin. under HMA, this relationship is not mentioned as invalid.
If I marry her under HMA, if someone put a case on special marriage act, our relationship will come under sapinda. In this case, can it be proved void?
Adv.R.P.Chugh
(Expert) 09 May 2012
You are sapindas to each other. You have a common ancestor who's within 4 degrees from both of you (inclusive of you and since you both trace upwards from male i.e your respective fathers uptil 5 degrees it has to be seen).
If you really want to marry that lady - try digging up a local custom that allows.
Consult a local adv. specialising in customary laws of your area/caste.
Shonee Kapoor
(Expert) 09 May 2012
:-) I agree with Ld. Chugh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 10 May 2012
Mr.Sanjeev,
How many times are you going to repeat the same query in different threads,wasting the time of the experts.
Sanjeev
(Querist) 22 August 2012
Dear Sainath Sir,
Please don't get upset for this. I am asking this question because I got different answers for this query. Some experts says this marriage is not possible and other say's this is possible. So I just want to know what will be legal consequences I will face after this marriage.
prabhakar singh
(Expert) 22 August 2012
aLTHOUGH REPEATED ONE.I AM COMING TO DISCUSS
DUE TO YOUR AGITATION.
S.5(V) HMA BARS SAPINDA MARRIAGE BUT SUBJECT TO CUSTOMS SAVED IS CHUGS' CORRECT ANSWER.WHY? SINCE S.3,THE DEFINITION CLAUSE DEFINES SAPINDA AS:
"(f) (i) "sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
(ii) two persons are said to be "sapindas" 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;"
SEE FOR YOURSELF IT IS OR IT IS NOT.
NOW COMING TO YOUR PLAN OF SMA:WHEN 2 HINDUS WANT TO MARRY UNDER THIS ACT THEY NEED TO COMPLY WITH HMA AS WELL AS PROHIBITION UNDER SMA.CHECK WITH SCHEDULES GIVEN THERE.
ANYWAY IF YOU MARRY ULTIMATELY THE MARRIAGE WOULD BE VOID WITH NO HARM TO YOU BUT CHILDREN CALLED ILLEGITIMATE SHALL HAVE ALL RIGHT OF INTERFERENCE IN YOUR PROPERTY BUT SHALL NOT BE TREATED A COPARCENER IN ANY ANCESTRAL COPARCENARY.
