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Solicitor Chirag Shah (Advocate & Solicitor)     09 June 2009

What is SAPINDA ? How to Break it ??

Hello,

What is SAPINDA repationship as perr the Hindu Law ???

What is the Solution if A HINDU girl wants to Marry to her UNCLES Son.

(Here the relationship is like Father of Boy and Father of Girl are REAL BROTHERS (by blood))

HOW TO GET BOTH OF THEM MARRIED ?????

It is very complicated problem but how to come out of it and how to solve it ????

Regards,

Chirag Shah



Learning

 37 Replies

A V Vishal (Advocate)     09 June 2009

Dear Mr Shah,

As per the marriage and other prevalent laws in India, the marriage is impossible, I quote the meaning of sapinda as defined in the Hindu Marriage Act.

(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 "sapinda" 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 or 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.

 

1 Like

Madhurima .Nandimandalam (HR Associate)     09 June 2009

Hello Mr. Shah ,

It may be possible if the relationship is recognized valid under customary law .

 

A V Vishal (Advocate)     09 June 2009

Dear Madhurima,

There is a  Over-riding effect of Act.- Save as otherwise expressly provided in this Act,-

(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is
inconsistent with any of the provisions contained in this Act.

Madhurima .Nandimandalam (HR Associate)     09 June 2009

Thanks a ton  Vishal Sir for your guidance .

Solicitor Chirag Shah (Advocate & Solicitor)     09 June 2009

Thanks Mr. VisHal and You too Madhurima.

Mr. Vishal.

WHAT IS THE WAY OUT ????

I am also confined by legal provisions ...

I have a way out .. I need your Sugessions ...

I think that  -- if Any one of them Changes the CASTE/ Religion.. then they can get married under Indian Marriage Act.

WHAT DO YOU SAY ABOUT THIS ??

PLS PLS PLS YOUR SUGESSIONS ARE WELCOMED..  I WANT WAY OUT OF THIS ....

Regards.

Chirag Shah

A V Vishal (Advocate)     09 June 2009

No Chirag,

There are many landmark judgements by the apex court on similar matters for example changing religion to marry second time without divorcing the first wife, the apex court observed that such conversions are a sham. Similarly changing religion/caste to get married to your sister will also be viewed as sham conversion.

 

pavan (something)     03 February 2010

Hi,

I and my mummy's younger sister's daughter are interested to get married to eachother. My mummy's younger sister is married to a totally different family. Family members on both sides are against this. Can you tell me if it is possible to get married to mummy's younger sister's daughter, in India? If yes, then please tell me what are the clauses which can be applicable, if no then what are the rules that stop us from getting married.

Thanks

Pavan.

pavan (something)     03 February 2010

Hello Vishal,

Can you explain me the below with an example or simplify the below for me:

There is a  Over-riding effect of Act.- Save as otherwise expressly provided in this Act,-

(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.

Thanks

Pavan.

Solicitor Chirag Shah (Advocate & Solicitor)     05 February 2010

Mr.Pavan,

In your case according to me there will not be any problem.

Over ridding effect means from the day of the enfocement of  the Act, provisions of act will come in force repealing all inconsistant provisions which were prevailing at that time or earlier to the act. 

pavan (something)     06 February 2010

Hello Vishal,

Thanks for your valuable reply, Vishal. I also wanted to know the below:

1) What is the present girl's age to get married? Is it 18-running or 18-completed?

2) Also please let me know whether one can get registered marriage in just one day or the couple has to wait for 30days to get married legally?

3) In my case what documents I need, to get married to my mummy's sister's daughter?

Thanks and regards,

Pavan J

pavan (something)     06 February 2010

Hello Madhurima,

What do you exactly mean by customary law under which A HINDU girl can marry to her UNCLES Son? Is it that temple priest(s) approves the marriage and/or the family approval is also needed along with priests' approval?

Thanks

Pavan J

pavan (something)     06 February 2010

Hello Chirag,

I am sorry, I mistook the reply sequence as Vishal's reply. Thanks for your valuable reply..

Thanks again

Pavan J

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     06 February 2010

dear pavan,

the age limit is 18+ for girls. bellow that it will amount to a rape.

please go through the sec 5 & 18 of the hindu marriage act.

she is your sister, and according to law - you can not marry her. if you marry, - it will be a punishable offence. keep it mind.

marriage means performing some specific religious ceremoney. if you do not go on marriage and start living together, then you are out of the attraction of HMA.

But my opinion is, as it is hatried relationship among society, you will face different types of problems and threatning.

Think twice before you done.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     06 February 2010

I already checked, hindu, muslim, christian everywhere the rule is almost same, in this regard. conversion has no effect.


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