what are the prohibited relationships under hindu marriage act? will that be a void or voidable marriage?
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.
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.
SHIVEK J. 31 March 2021
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.
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.
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.
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:
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!