Can I get married to my relative under SAPINDA
27-Apr-2023 (In Family Law)
XYZ is a Hindu and wants to marry with mother's sister's son's daughter. Is this marriage possible under Hindu marriage act or any other marriage act? What if it comes under prohibited relationships? What is the way out to solemnized the marriage legally? Please suggests some alternative also to get married with the same. Thank you
The Hindu Marriage Act has laid down several conditions for a valid marriage:
• The consent for the marriage should be free.
• The boy must be at least 21 years old and the girl at least 18 years.
• Parties should be of sound mind.
• Neither party should have a spouse living at the time of the marriage.
• The parties should not be in a prohibited relationship i.e., aunts, cousins, uncles, etc.
• The parties should not be Sapindas of each other.
Section 3 of the Hindu Marriage Act, 1955 defines The term “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.
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.
Section 3(g) of the Hindu Marriage Act, 1955 defines “degrees of prohibited relationship”-
• if one is the lineal ascendant of the other; or
• if one was the wife or husband of a lineal ascendant or descendant of the other; or
• 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
• if the two are brother and sister, uncle and niece, and and nephew, or children or brother and sister or of two brothers or of two sisters.
Looking to the laws applicable Conclusively i can make an opinion marriage can’t be solemnised under HMA but possible under Special Marriage act. As it comes under prohibited relationship under HMA it may be declared void.
• The consent for the marriage should be free.
• The boy must be at least 21 years old and the girl at least 18 years.
• Parties should be of sound mind.
• Neither party should have a spouse living at the time of the marriage.
• The parties should not be in a prohibited relationship i.e., aunts, cousins, uncles, etc.
• The parties should not be Sapindas of each other.
Section 3 of the Hindu Marriage Act, 1955 defines The term “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.
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.
Section 3(g) of the Hindu Marriage Act, 1955 defines “degrees of prohibited relationship”-
• if one is the lineal ascendant of the other; or
• if one was the wife or husband of a lineal ascendant or descendant of the other; or
• 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
• if the two are brother and sister, uncle and niece, and and nephew, or children or brother and sister or of two brothers or of two sisters.
Looking to the laws applicable Conclusively i can make an opinion marriage can’t be solemnised under HMA but possible under Special Marriage act. As it comes under prohibited relationship under HMA it may be declared void.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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