Sapinda relationship

Originally posted by : TrkpeTrk
	Dear experts please explain to me if my relationship with my wife can be classified as Sapinda under Hindu Marriage Act. Below is the family tree                      Great grand Mother grand father                              grand mother Mother                                        Father Me                                                Wife

Law permits 5 from above you and 3 from above the woman.  This is well within limits specfied for prohibited degrees of relationship in which sapindas fall.  You both have common ancestor and hence you are sapindas.  Your marriage is not valid according to Hindu Marriage Act 1955.  You are considered as brother and sister, this relationship is held in high regard in Hindu Culture.  You have made a mistake, you can take judicial separation or get your marriage nullified on this ground.  Further there is risk of childern being born with genetic anomalies.

wow 2 opposite views !! I already have a child. Not sure if anullment is possible !

You both have a common ancestor and hence you both are sapindas. Your Marriage comes under prhibited degree  of    relationship of  marrige. It can be anulled. The children are legitimate with respect to inheritance, sucession etc  of properties.

Will annulment have to be filed by mutual consent, or contested will also do ?

Though sapinda marriage is prohited under the HMA, the Law makes exception where such a custom prevails. (This has been quite common in South India and parts of Maharashtra). It appears that  your marriage has the blessings of the elders. As  such, the marriage took place because such a system prevails in your community. Hence your worries are misplaced. There is no need to break your blessed family.

With best wishes

Sir my marriage doesnt have the blessings of my wife, hence looking for a way out !

Please post the complete facts.

Your silence is deafening. Please post the complete facts.

Originally posted by : TrkpeTrk
	Sir my marriage doesnt have the blessings of my wife, hence looking for a way out !

Your Idea is good.  Legally you can get your marriage nullified.  But that wont get you rid of her so easily.  There are more than one ways to pull you down. Contact a good criminal lawyer locally.

Dear Venu Sir, wife has filed for maintenanance in 2014..court has ordered me a hefty amount. She is capable of working well educated. Staying away from me on her own will. In court im just getting dates, no justice !!

Admittedly, you are seeking suggestions to take advantage of your own wrong doing. You have entered into an allegedly a sapinda marriage with your eyes wide open and a child has been born out of this wedlock. Now that the relationship is strained, you are hoping to make use of this ground; this is nothing but a pretense and a sham. Section 23 of the Hindu Marriage does not allow the wrongdoer to take advantage of his wrong doing:

23. Decree in proceedings.-

(1) In any proceeding under this Act, whether defended or not, if the court is satisfied that—

(a) any of the grounds for granting relief exists and the petitioner 1[except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or sub-clause (c) of clause (ii) of section 5] is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief,..........................................................

With due respect sir, why is it that it is so easy for a woman to abuse these laws..Its been 3 years that the 125 has been filed and not a single allegation has been looked at. But court is insisting that i pay her a large amnt. The court will not look at the fact that she is well educated and was working and is very well capable of working. She can play the "abla nari" card anytime. every court date i have to spend the whole day in attending the court, while she just has to get up , show up in front of the judge and occasionally cry. I cannot make her come back again and she does not want to divorce..so im stuck !!!

You have not brought out any abuse or wrongdoing on the part of your wife in any of your postings. Even if your present revelations has some substance, the same need to be met on their merits independent of the aspect of sapinda relationship.