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threeleafe (awaited)     13 June 2012

Legal definition of relative

Can somebody help understand who is considered "relative"  for Hindu person? This interpretation need to be unsed in in a matter of Divorce

 

Which section of the law can be relied for interpretation of term relative?  I have read a few definition of relative in income tax law but have not read its definition in context of marriage/ divorce.

 

Name of section will help



Learning

 2 Replies

MRRpersonality (Knows very little about Indian laws)     13 June 2012

The income tax law has a very narrow defintion of the term "relative" so as to disallow certain monetary transactions.

 

If you want to use the word relative in the context of Hindu Marriage Act for the sake of seeking divorce or contesting a divorce then there are two questions :

1. Is it for establishing that the marriage was illegal (between relatives) ?  The list of such relatives is known on this forum.  Please search.  The marriage between relatives is not allowed, one of the parties can apply for nullifying the marriage.

2. Is it for establishing extra marital relationship that the person is living with a person who is not a relative ?  This is left to interepretation by the courts.  The norm is the same relationship that bans the marriage can be used to establish that the person does not have any illicit relationship.   However for any other live-in relationships, it has to appear in the eyes of the society as a live-in relationship.  Sharing an apartment for the sake of convenience is an example if everyone knows you are just sharing an apartment, will not call for alleging an illicit relationship.

 

Tajobsindia (Senior Partner )     13 June 2012

@ Author

 


Some concepts are easier to understand but very difficult to define. Definition of 'relative' is one such concept. Hardly anyone would have a doubt about who are relatives, but when it comes to the legal definition don't forget to check the law because at times your loved once may not be regarded as your relatives. The Income Tax Act
S. 2 (41), Companies Act S. 6 r/w Sch.1A, AS 18 related party disclosures, IT Act S. 56 (2) (v), HAMA in relation to adoption and GPA / POA property disposal / transfer etc. and S. 498a IPC have specified (interpreted) definition of “relatives” accordingly.

 

 


However, I per se find your question rather confusing for a simple fact that you are seeking “definition of relative for the purpose of divorce / marriage' and in generic interpretation as per Rules a male and or a female person gets married to another person of opposite s*x (omitting currently GLSBT community from this preview) and after marriage they are called as 'spouse or couple or husband-wife' and not in any stretch of imagination 'relative' hence I say your question is confusing.


Now since you asked us a question [definition of relative] which revolves around seeking “marriage and or divorce” let me place as annexure in PDF file format the best interpretation of “relative” till date as interpreted by Apex Court but mind it the annexed reference interpretation was in relationship with a case of S. 498a IPC which is part of Family Laws and suggest you to read it and get self -helped yourself removing your confusion on what you are asking before us and if still not convinced then re-phrase your que. and ask appropriately again let us see how else we can satisfy your academic query before us.


Attached File : 6869400 u. suvetha.pdf downloaded: 232 times
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