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HINDU LAW — COMPREHENSIVE NOTES

Topic 82

Sapinda Relationship & Degrees of Prohibited Relationship

Miscellaneous & Cross-Cutting Topics

Relevant Sections: S.3(f)(g) & S.5 HMA

Priority: HIGH | Exam Relevance: RJS/DJS/PCS-J

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Sapinda Relationship & Degrees of Prohibited Relationship

1. Significance

Sections 3(f) and 3(g) of the Hindu Marriage Act, 1955 define ‘degrees of prohibited relationship’ and ‘sapinda relationship’ respectively. Under Section 5 HMA, two persons cannot marry if they are within the degrees of prohibited relationship OR if they are sapindas of each other, unless custom permits such marriages. Violation renders the marriage void under S.11 and punishable under S.18 HMA.

2. Degrees of Prohibited Relationship (S.3(f))

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/husband of a lineal ascendant/descendant of the other, or if one was the wife of the brother/father’s/mother’s brother of the other, or the two are siblings/uncle-niece/aunt-nephew, or children of siblings. Essentially, the prohibited degrees cover:

• Lineal ascendants and descendants (parent-child, grandparent-grandchild)
• Spouse of a lineal ascendant or descendant
• Wife of brother or father’s/mother’s brother
• Brother and sister, uncle and niece, aunt and nephew
• Children of brother and sister, or of two brothers, or of two sisters

3. Sapinda Relationship (S.3(g))

With respect to any person, ‘sapinda relationship’ extends as far as the third generation (inclusive) in the line of ascent through the MOTHER, and the fifth generation (inclusive) through the FATHER. Two persons are said to be sapindas of each other if one is a lineal ascendant of the other within these limits, or if they have a common lineal ascendant within these limits.

Computing Sapinda

• Through Father: Count 5 generations upward including the person himself/herself. Example: Self (1) → Father (2) → Grandfather (3) → Great-grandfather (4) → Great-great-grandfather (5).
• Through Mother: Count 3 generations upward including the person himself/herself. Example: Self (1) → Mother (2) → Maternal grandfather (3).
• Common Ancestor Test: If two persons share a common lineal ancestor within these limits (5 on father’s side, 3 on mother’s side), they are sapindas and cannot marry.

4. Exception — Custom (S.5 Proviso)

The prohibition against marriage within prohibited degrees or sapinda relationship does NOT apply if custom or usage governing each party permits such marriage. This exception is critical — many communities (especially in South India) permit uncle-niece marriages (maternal uncle with sister’s daughter) by longstanding custom.

5. Consequences of Violation

• Marriage Void: A marriage within prohibited degrees or sapinda relationship (without custom permitting it) is void under S.11 HMA.
• Punishment: Under S.18(b) HMA, contravention of S.5(iv) or S.5(v) is punishable with imprisonment up to 1 month, or fine up to Rs.1,000, or both.
• Children: Children of such void marriages are deemed legitimate under S.16 HMA.

6. Practical Computation — Example

Question: Can A (a Hindu male) marry B (daughter of A’s paternal uncle’s son)?

Step 1: A’s father = F. F’s brother = U (paternal uncle). U’s son = C. C’s daughter = B.

Step 2: Common ancestor of A and B through father: A’s grandfather = U’s father = COMMON ANCESTOR.

Step 3: Counting from A through father: A(1) → F(2) → Grandfather(3). Counting from B through father: B(1) → C(2) → U(3) → Grandfather(4).

Step 4: A is 3 generations from the common ancestor; B is 4 generations. Both are within 5 generations on the father’s side. Therefore A and B are SAPINDAS and CANNOT marry (unless custom permits).

7. Exam Tips

— End of Topic 82 —

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