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M.N. Gopinath (Asst Manager)     14 March 2010

Prohibitied relationship Marriage - Hindu Marriage Act

Sir,

 

    I need advice that my brother's daughter registered her marriage with a relative boy in June 2009.  The boy is the son of maternal uncle of girl's mother & it senses as brother-sister relation.   Can we challenge this marriage under the section of prohibited relationship marriage of Hindu Marriage Act.  The issue is now recently disclosed by both of them after 8 months.  Now the girl is not interested in the relationship. Kindly advice how to proceed.  I seek immediate remedy. 

 

Thanks 



Learning

 19 Replies

V. VASUDEVAN (LEGAL COUNSEL)     14 March 2010

This particular relationship is not covered under the "prohibited relationship"

vasudevan

M.N. Gopinath (Asst Manager)     14 March 2010

if the girl's (Bride) mother would have married the maternal uncle, then it would be a brother - sister relationship.  As you said it is not covered under " prohibited relationship". Can we challenge it in any way? worth challenging?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 March 2010

from the maternal side three and from paternal side seven piri in hindi take into account.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 March 2010

perhaps it is within prohibited relationship.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 March 2010

The Hindu Marriage Act, 1955

 

HINDU MARRIAGES

 

5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

 (iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) The parties are not sapindas of each other, unless       the custom or usage governing each of them permits of a marriage between the two.

Sec 2. (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 be "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;

(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.

 

The marriage already a void marriage, if the relationship exist as brother and sister.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     15 March 2010

It may be challange due to spinda relationship. but plz provide some more detail about relationship between mother of girl and father of boy.


Regards
adv.kamal.grover@gmail.com

M.N. Gopinath (Asst Manager)     15 March 2010

Dear Sir, Pl see the attachment for a schematic family tree diagram.

Need your valuable inputs.

 

Thanks


Attached File : 3 3 family tree.ppt downloaded: 487 times

M.N. Gopinath (Asst Manager)     15 March 2010

raj (Consultant)     20 March 2010

I am also having same problem,but in my case bride groom is Y's grand son(First son of Y's fisrt son)

please let me know can wwe marry legally as per hindhu marriage act, i alredy know we both fall under prohibited relation, but i want to marry her. please advice.

M.N. Gopinath (Asst Manager)     21 March 2010

I am not a advocate....

Marriage is banned between lineal ascendants upto to 3 generations from mother's side and 7 generations from father's side according to Hindu Marriage Act,  if iam correct.   Hence your relationship seems to be a"sapinda" , but im not sure.....

Consult your counsel before taking any decision.

Charu Sharma (student)     26 August 2010

can anyone plz tel me that sapinda relationship has a wider scope or prohibited relationship 
?

Mohit Attri (lawyer)     15 October 2010

prohibited relationship cover spinda relation
1 Like

Abhi Saini (Help Needed)     27 July 2011

sir are we come in prohibited relationship

Akash (Distributor)     12 October 2011

 

I need to know the possibility of this relationship and hence a valid marriage according to the Hindu Act 

I am the guy.  My relationship wiht the girl is as follows:

I (guy) > my Mother > her Father > his brother > his Son > his daughter > her daughter (Girl)

In other words (If the above in not clear):

She (girl) > her Mother > her father > his brother > his daughter > her Son (Guy)

Do the guy and the girl fall in the sapinda relationship or not?

Bottom line, CAN THEY BOTH MARRY???

Please clear off our confusion. Thank u.


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