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Khush   07 May 2019

Prohibited marriage as per section 5 of hindu marriage act

I have a query. As per section 5 of HMA marriages between spindas is prohibited. Through mother the degree is three in lineal ascent or common ancestor. Is marriage between grandchildren of two real sisters is legal as ler HMA. If we see lineal ascent through mothers, in this case the common ancestor is 4th generation. and HMA forbids upto 3rd degree of generation. plz clarify


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 1 Replies

Divya Vijayan   15 April 2022

The Hindu Marriage Act of 1955 prohibits marriage between Sapindas. The relationship extends upto 7 degrees for fathers side and upto 5 degrees for mothers side.

But, then it was relaxed and the degrees were reduced to 5 on father's side and 3 on mother's side. 

According to section 5 of HMA Act, marriage between Sapindas are prohibited except in the cases where the custom or the usage permits the marriage.

In Harihar Prasad v. Balmiki Prasad, it was established that the custom must be valid which should be established by clear evidence. Only then the sapinda marriage would be held valid.

 


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