Overview of the Hindu Marriage Act (1955)

1. Title and Territorial Applicability:

• The first section of the Hindu Marriage Act outlines its title and territorial
applicability.
• The Act applies to Hindus in India and extends to regions like Jammu & Kashmir (after
the 2019 J&K Reorganization Act).
• It also explores the extra-territorial applicability of the law to Indian Hindus living
outside India, such as whether they can apply for divorce under Hindu law if they
move abroad.
2. Extra-Territorial Operation of the Law:
• The Hindu Marriage Act can be applied to Indian Hindus living in foreign countries if
there's an existing treaty between India and that country, allowing the enforcement
of Indian laws (such as Hindu Marriage Act) in that country.
• The Indian legislature, under Article 245 of the Constitution, can enact laws with
extra-territorial jurisdiction, meaning laws that apply beyond India's borders.
3. Application of the Act:
• The Act applies to specific classes of people, not all citizens of India. These include
Hindus by birth, religion, or conversion.
o Hindu by Birth: A person born to Hindu parents (or one Hindu parent).
o Hindu by Religion: Those following faiths like Vaishnavism, Lingayatism, Arya
Samaj, etc.
o Hindu by Conversion: Converts to Hinduism, including Buddhists, Jains, etc.
• The government can issue a notification to apply Hindu law to specific groups or
classes under Article 366, Clause 25 of the Indian Constitution.
4. Customs and Usage (Section 3):
• Customary law can be applied when there is no existing codified law.
o Customs must be continuously and uniformly observed for a long time to gain
legal recognition.
o The customs can vary by community, tribe, or family.
o For marriage, customs like "Sattvapadi" are recognized as valid, allowing
parties to perform ceremonies based on their family’s traditions.

5. District Court and Jurisdiction:

• Family matters must be filed in a district court. The term "district court" includes city
civil courts, principal civil courts, and courts authorized by the state government.
 • The Family Court Act empowers state governments to establish family courts, with
jurisdiction over family matters, particularly if the population exceeds 1 million in a
district.
6. Blood Relations (Full Blood, Half Blood, Neutrine Blood):
• Full Blood: When two people share the same ancestor and both are descended
from the same wife.
• Half Blood: When two people share the same ancestor but are descended from
different wives.
• utrine Blood: When two people share a common ancestor but have different fathers.
Sapinda Relationship and Prohibited Marriages
1. Introduction to Sapinda and Prohibited Relationships
• Marriages between real siblings (brother and sister) are prohibited under Hindu law.
• Sapinda and prohibited relationships: Marriages that violate these rules are
considered void ab initio (invalid from the beginning).
• Section 3, c F and G outline these prohibitions and connect to Section 5 (valid
marriage requirements) and Section 11 (consequences of invalid marriages).
2. Definition of Sapinda Relationship
• Sapinda Relationship: Refers to the blood connection between two individuals
through a common ancestor.
• Prohibited Marriage: If two parties are connected by a Sapinda relationship, they
cannot marry, as it would violate the restrictions on marriage between blood
relatives.
• Sapinda relationships apply when individuals can perform funeral rites for a
deceased relative due to their blood relation.
3. Restrictions and Calculations for Sapinda Relationships
• Mother’s Side: The restriction is three generations upward from the mother’s side.
• Father’s Side: The restriction is five generations upward from the father’s side.
• Before Codification of Law: The original restriction was five generations from the
mother’s side and seven from the father’s side.
• After codification, the restrictions were reduced to widen the scope for potential
marriages.
4. Basic Principles for Determining Sapinda Relationships
• First Principle: The relationship is extended three generations upward from the
mother's side and five from the father's side.
• Second Principle: The Sapinda relationship may exist through both the father’s side
and the mother’s side.
5. Scenarios of Valid and Invalid Marriages Based on Sapinda Relationship
• Principle 1: If both parties are related through the father, they are considered
Sapinda to each other.
• Principle 2: If both parties are related through the mother, they are also considered
Sapinda to each other.
• Principle 3: If one party is related through the father and the other through the
mother, the relationship must be examined in both directions (i.e., upwards from
both sides) to ensure there is no common ancestor. If there is a common ancestor,
the marriage is invalid.
6. Example of Applying the Principles
• Consider a marriage proposal where one party is related to the other party through
the father and mother. The relationship must be checked by tracing the generations
upward from both sides to identify any common ancestors.
• If, after tracing the generations, no common ancestor is found, the marriage may be
considered valid. However, if a common ancestor is found, the marriage is
prohibited.
7. Summary of Key Points
• Sapinda relationships restrict marriages between blood relatives, particularly siblings
and close family members.
• The restrictions on such marriages are outlined in specific sections of Hindu marriage
laws (Sections 3, 5, and 11).
• The principles for determining Sapinda relationships involve checking family
connections for common ancestors, both from the mother’s and father’s sides.
• Marriages within these relationships are only valid if no prohibited connections exist.
Conclusion
• Marriages between close blood relatives, such as siblings or those connected by a
Sapinda relationship, are forbidden. Understanding the rules and principles
governing these relationships is crucial for ensuring valid marriages under Hindu law.
Here’s a paraphrased version of the information, organized into topics and subtopics for
clarity:
Sapinda Relationship under Hindu Law (Section 3, Clause f & g of the Hindu Marriage Act)
1. Definition of Sapinda Relationship
• Sapinda Relationship Explained:
A relationship that exists due to a common ancestor within specific generational
limits:
o Father’s side: Extends up to 5 generations.
o Mother’s side: Extends up to 3 generations.
2. Basic Principles of Sapinda Relationship
1. From Father’s Side:
o A person is a Sapinda relative of another if they have a common ancestor
within 5 degrees through the father.
2. From Mother’s Side:
o A person is a Sapinda relative of another if they have a common ancestor
within 3 degrees through the mother.
3. Cross-Generational Relationship:
o Sapinda relationship can subsist:
▪ From both sides (father’s and mother’s).
▪ One side through the father and another through the mother.
3. Additional Principles of Sapinda Relationship
1. Not Restricted to Male Ancestors:
o The Sapinda relationship is not limited to male lineage; it includes female
ancestors as well.
2. Graphical Representation of Sapinda Relationship:
o The relationship involves a network of persons including fathers, mothers,
grandfathers, and grandmothers within the prescribed generational limits.
o Example: A child is connected to their father's and mother’s ancestors (male
and female) in the lineage up to the specified degree (5 from the father’s side
and 3 from the mother’s side).
Prohibited Relationships and Marriage Under Hindu Law
Definition of Prohibited Degree and Sapinda Relationship
1. Prohibited Degree:
o A narrower concept compared to Sapinda.
o If a relationship falls under a prohibited degree, marriage is not allowed.
o Sapinda is broader and overlaps with some prohibited degrees.
2. Key Provisions:
Four clauses outline the prohibited degrees:
o Clause 1: One person cannot marry their linear ascendant (e.g., father,
mother, grandfather, grandmother).
o Clause 2: Marriage is prohibited with the husband or wife of one's linear
ascendant or descendant.
▪ Example: A father cannot marry his son's widow.
 o Clause 3: Marriage is prohibited with certain relatives:
▪ Brother's wife, father's brother's wife, mother's brother's wife,
grandfather's brother's wife, grandmother's brother's wife.
o Clause 4: Parties considered as siblings (brother and sister, even cousins in
some cases) cannot marry.
3. Customs and Exceptions:
o If local customs permit certain relationships, restrictions may not apply.
o Example: In some communities, uncle-nephew marriages are permitted.
o Custom must be reasonable, not against public policy, and continuous.
Void Marriages Under Hindu Law
1. Effect of Prohibited Marriages:
o Section 11: Marriages violating prohibited degrees are void ab initio (null
from the beginning).
o Consequences:
▪ No rights or duties can be claimed.
▪ No restitution (Section 9) or succession rights.
2. Relevant Provisions in Hindu Marriage Act:
o Section 5: Outlines conditions for a valid marriage.
o Sections 24 & 25: Address maintenance provisions but do not apply to void
marriages.
Marriage as Sacrament or Contract in Hindu Law
1. Sacramental Nature:
o Marriage is traditionally considered a sacrament, not a contract.
o Section 7 emphasizes ceremonial rituals required for validity.
2. Contractual Elements:
o Certain conditions parallel those of a contract:
▪ Competency of parties (age, sound mind – Section 5).
▪ Free consent (absence of coercion or fraud).
o Dissolution through legal means (e.g., fault or breakdown theories).
3. Judicial Interpretation:
o Case laws demonstrating both perspectives:
 ▪ Bhau Rao v. State of Maharashtra (1965): Examined marriage validity
based on ceremonial requirements.
▪ Champa Devi v. Lt. Governor of Delhi (2017): Highlighted modern
judicial perspectives on marriage nature.
Role of Customs in Determining Validity
1. Definition of Custom:
o Practices in continuation, not against public policy, and reasonable.
o Discontinued customs are invalid.
2. Case Reference:
o Balusami v. Balakrishna: Addressed customs in prohibited degree
relationships.
Summary:
Understanding prohibited relationships in Hindu law requires analyzing specific clauses,
customs, and statutory provisions. While marriage is primarily viewed as a sacrament,
certain contractual elements exist. The Hindu Marriage Act balances tradition with evolving
societal norms, ensuring clarity and justice in marital disputes.