Hindu marriage act
Manoj Kumar
(Querist) 17 December 2015
This query is : Resolved
Respected Concern
My self Manoj. I have two queries as mentioned below.....
1. My one of friend has married with his mother's real sisters daughter(real mausi daughter) in Arya Samaj Mandir. Now they want to disclose this. Is this marriage valid according to Hindu marriage act or same is invalid. Please suggest.
2. Also one of my friend do same but relation is different. He has married with his Chachas daughter. Not real one. Actually their grandfather are real brothers. Means their grand grand father was one person. So is this marriage valid as same is falls under 3rd generation. Please help to resolve these two queries.
atul
(Expert) 17 December 2015
The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two."
Degrees of prohibited relationship two persons are said to be within the degrees of prohibited relationship
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;
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;
Hence will fall in category of void marriage as per Hindu law 1955
kavksatyanarayana
(Expert) 17 December 2015
Author, Mr. Atul sir well explained. under Hindu Marriage Act is void marriage.
K.S.Srinivas
(Expert) 23 December 2015
The parties to marriage must not fall within the degree of prohibited relationship. This relationship is defined under Section 3(g) of the Hindu Marriages Act 1955.
According to Section 11 of Hindu Marriage Act, a marriage in contravention of this condition is void. It is also punishable under section 18(b) of the Act.
In the present case, these marriages are void as per Hindu Marriages Act, 1955.
