Prohibited Degree of relationship
Guest
(Querist) 11 May 2009
This query is : Resolved
one male hindu person wants to marry his cousin (dauhgter of mother's sister).
There is no custom prevailing in this case.
1. Now if they marry what shall be legal consequence?
2. What shall be status of their children?
3. Can they subsequently register the marriage?
4. Can a third person bring a suit against them under section 18 of Hindu Marriage Act?
5. Any case law on similar fact?
A V Vishal
(Expert) 12 May 2009
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955
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;
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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.
Fathe
K.C.Suresh
(Expert) 12 May 2009
Part 1 make it clear. It is prohibited relation. Dear Vishal I copied your reply. Thank you for the detailed information.
Guest
(Querist) 12 May 2009
Thanks for the reply....
Please provide information regarding query No. 3 & 4
sanjeev murthy desai
(Expert) 12 May 2009
Firstly thank you Mr. A. V. Vishal
3) You cannot registered that marriage
4) any one can file a suit under section 18 of Hindu Marriage act..
A V Vishal
(Expert) 12 May 2009
Answer the qestion 3 & 4 is negative
adv. rajeev ( rajoo )
(Expert) 12 May 2009
Vishal has sent u detail. Daughter of ur mother'sister is sister to u so it is prohibited. Such marriage is not a valid marriage. And person is Hindu he must have the knowlege of that.
Guest
(Querist) 12 May 2009
Dear Rajeev and Sanjeev.....I am a Practising Lawyer seeking Senior Experts's opinion....thanks for your reply....it is not my case...
Guest
(Querist) 12 May 2009
Attn: Vishal: Thanks again for your reply.
if answer of No. 4 is in negative...then a third person can not bring a suit against them under section 18 of Hindu Marriage Act
Is it correct?
Guest
(Querist) 12 May 2009
ok thanks
Kamlesh soni
(Expert) 16 May 2009
Firstly thank you Mr. A. V. Vishal
3) You cannot registered that marriage
4) any one can file a suit under section 18 of Hindu Marriage act..
sanjeev murthy desai
(Expert) 16 May 2009
Dear Mr. Jewel,
Please Completely gothorugh the section 18 of Hindu Marriage Act..
SANJAY DIXIT
(Expert) 27 May 2009
I agree with the views made by Mr Prabhakar.
Nothing remained to say. thanks to all.
