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GO DESi   12 January 2022

Who can voide a sapinda relationship marriage

If I marry under Sapinda relationship then who can void it,the family members or anyone inside or outside the family? What are the future problems should I face?



 4 Replies

anubhav Bhatt   12 January 2022

it's barred under section 5 of the Hindu Marriage Act 1956 and as per void part is concern family members can challenge it before court and it ll become null and void.
Regards
Advocate Anurag Bhatt
Allahabad High Court

Advocate Bhartesh goyal (advocate)     12 January 2022

Only husband and wife can maintain challenge of such wedlock and none other person may be parents,family members or stranger can challenge in court of law.

Anaita Vas   12 January 2022

A marriage between the parties who are sapindas or in other words a marriage between the parties who are of his or her relations or of the same family.

Under section 5(v) of the Hindu Marriage Act, 1955, which states that if the Hindu bride and the Hindu groom are "Sapindus" of each other, the marriage between the two cannot be solemnized by law and will be legally void.

If your marriage is void, you can face the following consequences in the future -

  • You don’t have the position of husband and wife in a void marriage.
  • Childrens are called legitimate in a void marriage (Section 16 of Hindu Marriage Act, 1955).
  • Mutual rights and obligations are not present in a void marriage.

You can refer to Arun Laxmanrao Navalkar vs Meena Arun Navalkar on 12 April, 2006 to understand more about sapinda relationships and why they are void.

 

Regards,

Anaita Vas

P. Venu (Advocate)     13 January 2022

What is the context for this query?


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