Hindu marriage prohibted relationship
Querist :
Anonymous
(Querist) 15 January 2012
This query is : Resolved
My doughter married to a boy and the boy's sister married to another boy and the another boy's sister married to my wife sister' son. Is it legal or not?
Sushil Sharma
(Expert) 15 January 2012
dont worry it is legal and valid
Nadeem Qureshi
(Expert) 15 January 2012
Dear Querist
I also agree with Experts
Shonee Kapoor
(Expert) 15 January 2012
Perfectly legal.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 15 January 2012
Nothing illegal in this.
M/s. Y-not legal services
(Expert) 16 January 2012
am dis agree with all of you..
the relationship is against the rituals and customs..
the given facts are.,
1.My doughter married to a boy, [son in law],
2.the boy's sister [son in law's sister, so for relationship she is equal to daughter in law]married to another boy [this boy equal to your son]
3. the another boy's sister[ she is equal to your son's sister] married to my wife sister' son.[he is also equal to your son] i mean "your wife's sister son equal to your son"..
so finally a girl who fall as your daughter is got married with a boy who fall as your son relation.
then how your daughter's marriage is legal as per relationship? they are coming under brother-sister relationship..
-tom-
V R SHROFF
(Expert) 16 January 2012
It is legal and valid
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955
This clause prevents marriages between prohibited degree of relationships and sapindas. This provision has a scientific base because the prevention of a marriage between persons of prohibited degree of relationship or sapindas, will actually prevent the birth of physically deformed children or deaf, dumb and blind children, because the possibility of delivering such children is more in marriages between persons of prohibited relationship and sapindas.
Section 3 (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 "sapindas" 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):
"degrees of prohibited relationship" – two persons are said to be within the "degrees of prohibited relationship" –
if one is a 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 the father’s or mother’s brother or of the grandfather’s or grandmother’s brother; or
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 3(f) and 3(g), relationship includes –
relationship by half or uterine blood as well as by full blood;
illegitimate blood relationship as well as legitimate;
relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.
Degrees of Prohibited relationship as per the Special Marriage Act, 1954
Section 2 (b):
"Degrees of prohibited relationship" – a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.
Explanation (I) – Relationship includes, --
relationship by half or uterine blood as well as by full blood;
illegitimate blood relationship as well as legitimate;
relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.
Explanation (II) – "Full blood" and "half blood" – two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.
Explanation (III) – "Uterine blood" – two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.
Explanation (IV) – In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;
--------------------------------------------------------------------------------
THE FIRST SCHEDULE [ DEGREE OF PROHIBITED RELATIONSHIP]
PART – I
Mother.
Father’s widow (step mother).
Mother’s mother.
Mother’s father’s widow (step grand-mother).
Mother’s mother’s mother.
Mother’s mother’s father’s widow (step great grand-mother).
Mother's father’s mother.
Mother’s father’s father’s widow (step great grand-mother).
Father’s mother.
Father’s father’s widow (step grand-mother).
Father’s mother’s mother.
Father’s mother’s father’s widow (step great grand-mother).
Father’s father’s mother.
Father’s father’s father’s widow (step great grand-mother).
Daughter.
Son’s widow.
Daughter’s daughter.
Daughter’s son’s widow.
Son’s daughter.
Son’s son’s widow.
Daughter’s daughter’s daughter.
Daughter’s daughter’s son’s widow.
Daughter’s son’s daughter.
Daughter’s son’s son’s widow.
Son’s daughter’s daughter.
Son’s daughter’s son’s widow.
Son’s son’s daughter.
Son’s son’s son’s widow.
Sister.
Sister’s daughter.
Brother’s daughter.
Mother’s sister.
Father’s sister.
Father’s brother’s daughter.
Father’s sister’s daughter.
Mother’s sister’s daughter.
Mother’s brother’s daughter.
Explanation – For the purposes of this Part, the expression "widow" includes a divorced wife.
PART – II
Father.
Mother’s husband (step-father).
Father’s father.
Father’s mother’s husband (step grand-father).
Father’s father’s father.
Father’s father’s mother’s husband (step great grand-father).
Father’s mother’s father.
Father’s mother’s mother’s husband (step great grand-father).
Mother’s father.
Mother’s mother’s husband (step grand-father).
Mother’s father’s father.
Mother’s father’s mother’s husband (step great grand-father).
Mother’s mother’s father.
Mother’s mother’s mother’s husband (step great grand-father).
Son.
Daughter’s husband.
Son’s son.
Son’s daughter’s husband.
Daughter’s son.
Daughter’s daughter’s husband.
Son’s son’s son.
Son’s son’s daughter’s husband.
Son’s daughter’s son.
Son’s daughter’s daughter’s husband.
Daughter’s son’s son.
Daughter’s son’s daughter’s husband.
Daughter’s daughter’s son.
Daughter’s daughter’s daughter’s husband.
Brother.
Brother’s son.
Sister’s son.
Mother’s brother.
Father’s brother.
Father’s brother’s son.
Father’s sister’s son.
Mother’s sister’s son.
Mother’s brother’s son.
Explanation – For the purposes of this Part, the expression "husband" includes a divorced husband.
Legal consequences are that the marriage is void.
Term is Blood Relationship.
Deepak Nair
(Expert) 16 January 2012
Sroff Sir has clarified it in a sufficient manner.
Dear Tom,
You were incorrect. Those were assumed relations which has no legal value.
