What are criteria of valid marriage as per hindu law

838 votes

criteria of a valid marriage under HINDU LAW is that parties should not be related by Sapind or prohibited relationship. There must be of the marriageable age of the parties and no having living spouse of any one of the party. It appears you are related with the granddaughter of mother's sister. This does not come within the prohibited relationship and the marriage is possible.

Advocate Prem Singh LawRato

507 votes

Please tell me whether you are Hindu or some other? In Hindu Law it is not possible in any manner.

Section 3 (f)(i) of the Hindu Marriage ACT says - "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.

Hence, Son of X and grand daughter of Y are here in "Sapinda Relationship".

Section 5 of Hindu Marriage Act provides condition of Hindu Marriage wherein inter alia it has been provided - (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.

Thus, the marriage is not possible at all.

However, the matter is very complex one and there is a very meager way out in law. But, to proceed in that law process, the details of the matter are needed to be very carefully pondered which is not possible on this limited forum.

Advocate Reshma Prasad LawRato

852 votes

Dear Client,
In the present situation like this, the marriage is not the valid marriage because as per Hindu Marriage Act, from mother side, you can't marry for next three generation and from father's side, you can't marry for the next five generation.

Advocate Kumar Karan LawRato