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Vishal (Manager)     23 January 2013

I am in relationship with my brother-in-law's (jiju's) niece

I am in relationship with my brother-in-law's (jiju's) niece (bhanji) from last five years. I will clarify the situation:
i) my brother-in-law (jiju) has a sister
ii) now the girl is daughter of my jiju's sister

I am 28 working in MNC at a descent position and she is 25 working in a medical firm as well as pursuing her master's. Both of us want to marry each other but our families are in complete opposition of our relationship.

They are saying that this girl will be my niece (bhanji) so we cannot marry each other. We discussed the matter with our families that we are from different families that are nowhere blood related. And it will be very tough for separation as we have spent a long time of five years in this relationship.

Does such a distant relationship in my case seems to be problemtic. I have seen many marriages in Hindu culture where boy & girl are distant related and are not in blood relation.

Is it still ok to go ahead with this relationship according to Hindu rituals & Indian legal system?


Please suggest I am in a fix?



 11 Replies

Saurabh..V (Law Consultant)     23 January 2013

@Author

 

Your relation comes under prohibited degree of relation as per Hindu Marriage Act (1955) and hence marriage is not possible as per hindu rituals. But tweaking and misusing some laws may allow this immoral union.

 

//peace

/Saurabh..V

Tajobsindia (Senior Partner )     23 January 2013

I differ to both @ Saurabh V.+ @ Bharatkumar, Advocate [SC has even said marriage of a Hindu with his wife's sister's daughter is not invalid in Hindu law Ref.: Ragavendra Rau Vs. Jayaram Rau {(1897) I.L.R. 20 Mad. 283}. Here the case is that of a marriage of a Hindu with his sisters > husbands > sisters > daughter so how it can  ever come under prohibited relationship?]

1.
Yes, both of you can marry.

2.
Both of you donot come under Sapinda - prohibited relationships as per
HMA / SMA.

2.1
Make Charts like these in the link and it would be interesting for me to know if your elders can ever make such relationship chart for you and your alleged to be named your niece;
https://www.lawyersclubindia.com/forum/sapindas-24647.asp

3. Impress upon elders of both sides by reciting below text from the passage of “Digest of Hindu Law, Vol. I, page 120” like this
J;
 

“Male should marry a girl, who is non-spinda (with himself). She is called his sapinda who has (particles of) the body (of some ancestor’s), in common (with him). Non-sapinda means not his sapinda. Such a one (he should marry). Sapinda-relationship arises between two people through their being connected by particles of one body. Thus the son stands in sapinda-relationship to his father because of particles of his father's body having entered (his). In like (manner stands the grandson in sapinda relationship) to his paternal grandfather and the rest, because through his father particles of his (grandfather's) body have entered into (his own). Just so is (the son a sapinda-relation), of his mother because particles of his mother's body have entered (into his). Likewise (the grandson stands in sapinda-relationship) to his maternal grandfather and rest through his mother. So also (is the nephew) a sapinda-relation of his maternal aunts and uncles, and the rest, because particles of the same body (the paternal grandfather) have entered into (his and theirs); likewise (does he stand in sapinda -relationship) with paternal uncles and aunts, and the rest. So also the wife and the husband (are sapinda -relations to each other), because they together beget one body (the son). In like manner brothers' wives also are (sapinda -relations to each other), because they produce one body (the son), with those (severally) who have sprung from one body (i.e., because they bring forth sons by their union with the offspring of one person, and thus their husbands father is the common bond which connects them). Therefore one ought to know that wherever the word sapinda is used, there exists (between the persons to whom it is applied) a connection with one body, either immediately or by descent.”

 
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955


S. 3 (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 " 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;


S. 3 (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 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 3(f) and 3(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.


Degrees of Prohibited relationship as per the Special Marriage Act, 1954


S. 2 (b):


"Degrees of prohibited relationship" –
a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.


Explanation (I)
Relationship includes, --

a.      relationship by half or uterine blood as well as by full blood;

b.      illegitimate blood relationship as well as legitimate;

c.       relationship by adoption as well as by blood;

and all terms of relationship in this Act shall be construed accordingly.


Explanation (II) – "Full blood" and "half blood" – two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) "Uterine blood" – two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation (IV) In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;


THE FIRST SCHEDULE [DEGREE OF PROHIBITED RELATIONSHIP]


PART – I


Mother.

Father’s widow (step mother).
Mother’s mother.
Mother’s father’s widow (step grand-mother).
Mother’s mother’s mother.
Mother’s mother’s father’s widow (step great grand-mother).
Mothers’s father’s mother.
Mother’s father’s father’s widow (step great grand-mother).
Father’s mother.
Father’s father’s widow (step grand-mother).
Father’s mother’s mother.
Father’s mother’s father’s widow (step great grand-mother).
Father’s father’s mother.
Father’s father’s father’s widow (step great grand-mother).
Daughter.
Son’s widow.
Daughter’s daughter.
Daughter’s son’s widow.
Son’s daughter.
Son’s son’s widow.
Daughter’s daughter’s daughter.
Daughter’s daughter’s son’s widow.
Daughter’s son’s daughter.
Daughter’s son’s son’s widow.
Son’s daughter’s daughter.
Son’s daughter’s son’s widow.
Son’s son’s daughter.
Son’s son’s son’s widow.
Sister.
Sister’s daughter.
Brother’s daughter.
Mother’s sister.
Father’s sister.
Father’s brother’s daughter.
Father’s sister’s daughter.
Mother’s sister’s daughter.
Mother’s brother’s daughter.


Explanation – For the purposes of this Part, the expression "widow" includes a divorced wife.


PART – II


Father.
Mother’s husband (step-father).
Father’s father.
Father’s mother’s husband (step grand-father).
Father’s father’s father.
Father’s father’s mother’s husband (step great grand-father).
Father’s mother’s father.
Father’s mother’s mother’s husband (step great grand-father).
Mother’s father.
Mother’s mother’s husband (step grand-father).
Mother’s father’s father.
Mother’s father’s mother’s husband (step great grand-father).
Mother’s mother’s father.
Mother’s mother’s mother’s husband (step great grand-father).
Son.
Daughter’s husband.
Son’s son.
Son’s daughter’s husband.
Daughter’s son.
Daughter’s daughter’s husband.
Son’s son’s son.
Son’s son’s daughter’s husband.
Son’s daughter’s son.
Son’s daughter’s daughter’s husband.
Daughter’s son’s son.
Daughter’s son’s daughter’s husband.
Daughter’s daughter’s son.
Daughter’s daughter’s daughter’s husband.
Brother.
Brother’s son.
Sister’s son.
Mother’s brother.
Father’s brother.
Father’s brother’s son.
Father’s sister’s son.
Mother’s sister’s son.
Mother’s brother’s son.


Explanation –
For the purposes of this Part, the expression "husband" includes a divorced husband.

2 Like

Saurabh..V (Law Consultant)     23 January 2013

@Author

 

I regret to have misinterpretted the facts of your case and thereby defaulted in advicing the author.

 

@tajobsindia is correct, as usual.

 

//peace

/Saurabh..V

Vishal (Manager)     23 January 2013

 

Thanks for your  valubale advise.

I would request others to give thier opinion regarding the subject matter.


(Guest)

@Querist,

 

I believe,you don't require further advice on this matter.It's been cleared by 'The senior' well illustrated by related cases along with provisions.

 

Follow the advice given to you.

 

That's all I have to offer to you(Repeating the same is futile)

 

Thanks,

Regards,

Bharatkumar (ADVOCATE )     23 January 2013

It's not possible as per Hindu Marriage Act. In our Indian Culture it's not possible because it's blood relation between u both and u both r very education person and understand if u marry many problem create in future.

Vishal (Manager)     23 January 2013

@ Sumitra: I completely agree with you that a senior professional has already given his suggestion. But, reason for asking other's opinion is to know all the right & wrong persspectives.

 

@Bharat: if you go through my question again you will notice that I have already mentioned that we have no blood relationship. So, how it is problemtic?

Ranee....... (NA)     23 January 2013

You can happily marry.

Poonam Lamba (law student)     28 January 2013

Yes, both of you can marry as your relationship doesnot come under Sapinda- prohibited degree as per HMA or SMA.

jitendra kumar sharma (s)     30 April 2015

you can marry,  agar us ladki ki aunty( bhua) uska kanya dan kar de to ye shadi ho sakti h.

usme koi dikkat nhi h. 

Devu   16 August 2020

Dear , are you both happily married?


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