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  • Category: Indian Law

    Sapinda relationship under Hindu marriage act


    Do you have a query regarding Sapinda being acceptable under the Hindu marraige act? Searching for proper advice online? Here, on this page find advice for your queries.

    Can I marry my second cousin from the paternal side? Her maternal grand father and my paternal grand fathers are direct brothers.

    I.e. Her materanl Great grand father and my pateranal Great grand father surname is Same***

    Her maternal 4th genration and my paternal 4th Gen .same person (Great Grand Father).

    Different lawyers gives different answers. Some say it comes under sapinda relation.

    My engineer mind is not accepting that we come under sapinda.

    Waht should I do?
  • Answers

    1 Answers found.
  • Sapinda marriages are not legal under Section 18(b) of the Act of 1955. The people who are performing such marriage and the people who are married may be punished by simple imprisonment for up to one month, a fine of up to one thousand rupees, or both.
    Section 3(f)(i) of the above act talks about a sapinda relationship. It will be extended to the third generation in the line of descent through the mother and the fifth generation in the line of descent through the father concerning any person.
    This relationship is always tracked upward, in the ascent direction. The computation of degrees takes into account both the individual and the common ancestor.
    If these marriages are as per the customs of the people and are well accepted by the community, there will not be any problem. So it all depends on the practices in your family and community around. If nobody complains about this marriage, there will not be any problem.
    In your case, your relation will come under Sapinda relation and not legal as per the act. But it all depends on your family practices. So it is always better to take the opinion of a well-known lawyer and then decided. I know many people whose relationship falls under Sapinda relation but are married and leading a happy life.

    drrao
    always confident


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