need help
ksvrajuadv
(Querist) 08 June 2011
This query is : Resolved
A girl married wid her mother`s brother `s son & after 3 months of marriage husband died by suicide.he was working in the army as constable & failed to add nomination of his wife in his service book.now widow `s father in law claim everything from his son `s service,widow has only photograps of her marrige,pandit as witness,she had filed suit for declaration,can sapinda relationship become hurdle in her case.
prabhakar singh
(Expert) 08 June 2011
The import of word "sapinda" suggest marrying parties were "HINDUS"
hence i want to import what marriages are viod in Hindu law,section 11 deals it,so reproduced below for reference:
11. Void marriages.
11. Void marriages. Any marriage solemnized after the
commencement of this Act shall be null and void and may, on a petition
presented by either party thereto 4[against the other party], be so
declared by a decree of nullity if it contravenes any one of the
conditions specified in clauses (i), (iv) and (v) of section 5
now i propose to produce below section 5:
5. Conditions for a Hindu marriage.
5. A marriage may be solemnized between any two hindus, if the
following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the
marriage
1[(ii)at the time of the marriage, neither party-
(a)is incapable of giving a valid consent to it in
consequence of unsoundness of mind; or
(b)though capable of giving a valid consent, has been
suffering from mental disorder of such a kind or to such
an extent as to be unfit for marriage and the
procreation of children; or
(c)has been subject to recurrent attacks of insanity or
epilepsy;]
(iii) the bridegroom has completed the age of 2[twenty-
one years] and the bride the age of 2[eighteen years] at the
time of the marriage;
(iv.) the parties are not within the degrees of
prohibited relationship unless the custom or usage governing
each of them permits of a marriage between the two;
(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.
NOTICE SECTION 5(v) if it is attracted then marriage is void.
PALNITKAR V.V.
(Expert) 09 June 2011
I do not think that the parties are sapindas. On the contrary it is a common practise in many communities to have marriage between a girl and her mother's brother's son. i.e. maternal uncle's son. So, the girl becomes legal heir and legal representative of her husband. She has to prove marriage, if it is challenged.
Suresh Gupta
(Expert) 11 June 2011
according to Hindu law the marriage of the party is null and void.
but it seems that in present scenereo it would be happen so if the girl had any solid proof of marriage. then the matter will be in favor of her.
