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Lineal ascendency- sapinda relations

Querist : Anonymous (Querist) 22 February 2024 This query is : Resolved 
I have been searching my queries about sapinda relationship for more than a year but i always get differentiating replies. I'm confused about how the lineal ascendents are traced. Myself and the boy i want to marry fall in family relations. I have studied online a lot about the hindu marriage act 1955 and the details of SAPINDA relations and prohibited degrees. we ( me and he) have a common lineal ascendent- 4th generation in my case ( my paternal grandmother's father) and 5th generation in his case ( his paternal grandfather's mother's father). in simple language- my father's mother's father and his father's father's mother's father are the same person. He is my second cousin once removed (second cousin's son). Does this relation come under sapinda relation or prohibitive degrees ? While tracing the lineal ascendency, if its through father's side, does father's mother come under sapinda? I have read differentiating views on this. Some say that ascendency is traced as Person-->Father's--> Father's Father--> Father's Father Father and so on.. On mother's side, ascendency is traced as Person --> Mother --> Mother's mother. Need an expert advise and clarity on this matter
T. Kalaiselvan, Advocate (Expert) 22 February 2024
This appears to be a very long distance which may not attract the prohibited relationship law.
If it is customary in your family to go ahead with marrying between the said relationships, you can proceed, it will not be termed as illegal or invalid
Querist : Anonymous (Querist) 22 February 2024
Please clarify further on sapinda relationship and tracing lineal ascendency from Father’s side..
T. Kalaiselvan, Advocate (Expert) 22 February 2024
A sapinda is someone who is: within or has a common ancestor relative within three generations above you on your mother's side of the family. within or has a common ancestor relative within five generations above you on your father's side of the family.
Querist : Anonymous (Querist) 22 February 2024
Thanq Kalaiselvan sir for your time and patience for answering. As per my understanding and as per the definition of sapinda explained by you, both of us comes under sapinda relationship as we have common ascendent from father’s side within 5generations. Please correct me if not!
T. Kalaiselvan, Advocate (Expert) 22 February 2024
I have already mentioned that if your community or family customs permit the marriage of couple falling under this relationship then it is considered as a legally valid marriage.


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