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Clarification of Sapinda relationship
24-Feb-2023 (In Family Law)
sir, according in sapinda relationship 3-f in marriage act 1955, if any boy mother and a girl mother (both mother are sisters). can they marriage under marriage act 1955 ?
No, they cannot marry under the Hindu Marriage Act as they fall in the category of Sapinda. They can only marry if their custom allows it, otherwise not. In Hindu law custom superceeds the law.. If the custom allows you, you can go for it.
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Adv. Kanwarjit Singh Pruthi
Patiala | 200+ Answers
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marriage will be void as parties are related to each other by spinda relationship. Thus marriage is barred as per provision of hindu marriage act. however if custom permit, the marriage is permissble
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As per Hindu Marriage Act, 1955 Sections 11, 3(f) and 5(v) marriage solemnized within Sapinda relationship defined under section 3(f) of Act is always declared as Void marriage If wife's parents and husband parents had common ancestor ( third line of ascent through mother and fifth line through father - Therefore, such marriage was void as it was contrary to provisions of Section 5(v) of the Act -However, if the long prevailing custom permits of such type of marriage then the marriage by custom or usage amongst the parties which permitted then marriage can be valid.
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Adv. Ajitpal Singh Mander
Bhatinda | 100+ Answers
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