Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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M.N. Gopinath (Asst Manager)     15 March 2010

Valid Relationship for marriage?

Dear Sir,

 

Please comment on the relationship with reference to the Hindu Marriage Act?

 



Learning

 9 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 March 2010

no not valid. bride groom is uncle of the bride.

Kanaksinh P.Boda (Educationist/Lawyer)     15 March 2010

Groom is a son of the mentarnal uncle of the mother of a bride.  There are some prominent hindu communities in Maharashtra,  where 'mama' (the maternal uncle has a first claim on sister's daughter (bhanji) for his son and thus the father in law is also adressed as 'mama' . Once the maternal uncle issues formal no onjection, the sister choses groom from other source for her daughter, and the opposite is also true. This  is not considered to be the same blood as both of them are from different fathers, in patriarch families. However,  I have mentioned a tradition and not the law.

M.N. Gopinath (Asst Manager)     17 March 2010

Dear Sir,

Is this a sapinda relationship before the court of law?? Please give your valuable inputs.

Gopinath

Kanaksinh P.Boda (Educationist/Lawyer)     17 March 2010

Same Gotra Marriages are avoided, as I know.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 March 2010

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.

Suchitra. S (Advocate)     18 March 2010

According to HMA, this relationship does come under sapinda relationship and so, prohibited from gatting married. But if the custom allows such marriages, then the Court will not object to the same.

1 Like

Sanjeev Panda (Advocate)     25 March 2010

Perfect answer by Suchitra

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     25 March 2010

I agree with Suchitra. S

K.P.Satish Kumar (Advocate)     08 November 2011

There was no legal burden in your marriage. You can proceed.


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