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aditi srivastava   30 March 2021

Hindu marriage act

what are the prohibited relationships under hindu marriage act? will that be a void or voidable marriage?



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 3 Replies

Real Soul.... (LEGAL)     31 March 2021

(g) “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;

Explanation .—For the purposes of clauses (f) and (g), relationship includes—

(i) relationship by half or uterine blood as well as by full blood;

(ii) illegitimate blood relationship as well as legitimate;

(iii) relationship by adoption as well as by blood;

and all terms of relationship in those clauses shall be construed accordingly.

 

 

If the spouses are within the degrees of prohibited relationship, then their marriage will not be a valid marriage. The following are the kinds of prohibited marriages:

  • If one spouse is a lineal ascendant of the other. A lineal ascendant includes a father, mother, grandfather and grandmother, but also great grandfather and great grandmother and so on.
  • If one spouse is the wife or husband of a lineal ascendant or descendant of the other. A lineal descendant will include not only children and grandchildren but also great grandchildren and their children as well.
  • If the two spouses are brother and sister, uncle and niece, aunt and nephew, or first cousins.
  • If one spouse is the
    • Ex spouse or widow(er) of your sibling or
    • Ex spouse or widow(er) of your father’s or mother’s sibling or
    • Ex spouse or widow(er) of your grandfather’s or grandmother’s sibling.

In some cases, despite a relationship being prohibited by law, a person’s custom might still permit a marriage with another person. In this case, they can get married because their custom allows them to do so.

1 Like

SHIVEK J.   31 March 2021

Greetings!!

A void marriage is one that isn’t considered valid since the very beginning. In such marriages, neither the parties nor their living can change the status of their marriage. Section 11 of the Hindu Marriage Act, 1955 clearly states that if any of the three conditions (living spouse, prohibited decree, Sapinda) then the marriage is considered void. It is only these grounds that declare the marriage to be void. Mere completion of ceremonies does not prevent the marriage from being void.

  • Living Spouse

This means that, bigamous marriage is void. If the first marriage is still valid then second marriage is considered void. However, to validate the existence of second marriage it is necessary that first marriage is dissolved. It means that it must be declared void. It is necessary for the witness to declare about the bigamy. The action of husband living with another woman for requirement is necessary.

  • Prohibited decree

If the parties are within the degrees of prohibited relationship, then the marriage is considered void. Though this condition has an exception- where the custom allows. Section 3(g) of the Hindu Marriage Act 1955 talks about degree of prohibited relationship that is as follows:

On any of these grounds either party can file a petition for declaration that the marriage is null and void.

  • Sapinda

If the parties are sapinda to each other declares marriage void.  The term “sapinda” means the persons relating to same blood. In other words, one can’t marry to the same family. The law for the sapinda relationship says that one can’t marry to a person of:

  1. Five generation from paternal side.
  2. Three generations from maternal side.

 

Given that the marriage in itself, which is executed under the ambit of any of the three criteria mentioned above, the marriage would be deemed void in nature.

Hope this helps you!

Regards

 

Sankaranarayanan (Advocate)     01 April 2021

Academic query been answered very well by experts .


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