This article has been written by ANJALI PRAKASH from GOVERNMENT LAW COLLEGE THRISSUR

Table of Contents

Introduction:

Dharma provided the basis for the ideas and precepts that made up traditional Hindu law.

Everything that is social, moral, legal, religious, and that explains human rights and obligations is included in dharma. Hindus believe that marriage is a lifelong commitment intended to fulfil spiritual and religious obligations; hence, marriage entails several rituals and ceremonies.

These ideas evolved together with time. Hindu law has seen significant modifications since the Hindu Marriage Act of 1955 was passed. Hindu marriage and divorce laws were distinctly outlined in this codified legislation. According to the Hindu Marriage Act of 1955, one of the two prerequisites for a legally recognised Hindu marriage is a sapinda connection, along with varying degrees of banned ties.

I. Sapinda Relationship in Hindu Law:

1.1 Definition and Significance:

The term “sapinda” is derived from Sanskrit, meaning “related by the same body.” According to Hindu law, sapinda relationship refers to the proximity of relationship between two individuals through the line of ascent and descent. The closer the relationship, the stronger the sapinda connection.

Sapinda connections are those that span many generations, including those with one’s father, grandpa, etc. Two legal commentators have provided two meanings about the sapinda connection. One is attributed to Mitakshara, while the other belongs to Dayabhaga. As per Mitakshara, Sapinda refers to an individual linked by the same bodily components, whereas Dayabhaga associates it with the same pinda, which is a rice ball or funeral cake served at the sraddha rite.

The notion of Mitakshara has been amended by the Hindu Marriage Act, 1955, which forbids marriages between those in Sapinda relationships. Unless, of course, such a marriage or union is permitted by lawful tradition or usage. The Act’s Section 3 stipulates that the custom must be legitimate.

The ruling in the Harihar Prasad v. Balmiki Prasad case established that a legitimate custom must be supported by unequivocal and unambiguous evidence. The courts can only be certain of a custom’s existence through the use of such evidence, and the custom must meet the requirements of antiquity and certainty to be recognised legally . Under Section 18(b) of the Act, Sapinda marriages are punishable by simple imprisonment, which may last up to one month, or with

1.2 Related Provisions:

– Section 5 of the Hindu Marriage Act, 1955.

– Explanation II of Section 3 of the Hindu Marriage Act.

A “sapinda relationship” concerning any individual extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth generation (inclusive) in the line of ascent through the father, according to Section 3(f)(i) of the Hindu Marriage Act, 1955; in each case, the line is traced upward from the individual in question, who is to be counted as the first generation;

Two individuals are considered “sapindas” of one another under Section 3(f)(ii) of the Act if one is the other’s lineal ascendant within the boundaries of a sapinda relationship or if they have a common lineal ascendant who is within the boundaries of a sapinda relationship with regard to each of them. If one person is the other’s lineal descendant within the parameters of a sapinda relationship, or if they share a common lineal descendant who is within the parameters of a sapinda connection with regard to each other, then the two people are said to be “sapindas” of each other.

A person is considered to be a part of the sapinda connection if they are descended from their mother up to the third generation (included) and descended from their father down to the fifth generation (inclusive). In other words, sapinda partnerships last for three generations in the case of females and five generations in the case of men.

1.3 Case Law: Ramesh Badri Prasad vs. Ram Badri Prasad (1980):

In this landmark case, the Supreme Court clarified the definition of sapinda relationship and emphasized its significance in determining the validity of Hindu marriages.

II. Prohibited Degrees in Hindu Law:

2.1 Understanding Prohibited Degrees:

Prohibited degrees in Hindu law refer to the degrees of relationship between the parties that are considered too close for a valid marriage. The concept aims to prevent marriages between individuals closely related by blood.

In Hindu marriage, there are some types of ties in which the union cannot be formally sealed; these are referred to as degrees of banned relationship. This rule’s primary goal is to avoid incestuous marriages, which are unions between individuals whose relationships are forbidden, such as siblings, sisters, children, and grandchildren, among others.

Section 5(iv) of the Hindu Marriage Act, 1955 states that unless the custom or usage governing each of them forbids marriage, the parties to a marriage are not within the degrees of banned connection. This clause makes it very evident that the parties to the marriage cannot be involved in any kind of unlawful connection unless their customs or use allows it. The legality and validity of a marriage formed within the parameters of a banned relationship depends on the existence of a legitimate custom.

If a marriage falls under one of the categories of forbidden relationships, Section 11 of the Act declares the marriage null and void, and it is punished by simple imprisonment for a maximum of one month, a fine, or both, according to Section 18(b) of the same Act. According to the ruling in Kamani Devi v. Kameshwar Singh, even in cases where the marriage was declared null and invalid due to factors such as the forbidden degree, the wife’s maintenance duty would still apply.

2.2 Related Provisions:

– Section 3(g) of the Hindu Marriage Act, 1955.

Section 3(g) of the Hindu Marriage Act,1955 states persons under prohibited relationship, they are:

if one is a lineal ascendant of the other; or
if one was the wife or the 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 the grandfather’s or grandmother’s brother of the other.
if two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or two brothers or two sisters.

The relationship also includes:

a. Relationship by half or uterine blood as well as by full blood.

b. Illegitimate blood relationship as well as legitimate

c. Relationship by adoption as well as by blood.

– Case law: Bharat Singh vs. Smt. Bhagirathi (1992).

III. Can a Marriage Be Performed Between Individuals in Sapinda Relationship or Prohibited Degrees?

3.1 General Prohibition:

Hindu law prohibits marriages between individuals falling within the sapinda relationship or prohibited degrees. Any marriage in violation of these principles is considered void ab initio.

3.2 Exception to the Rule:

Certain customs may be recognized, allowing marriages within sapinda relationships or prohibited degrees if they are in accordance with established practices and traditions.

IV. Comparative Analysis with International Laws:

4.1 Comparative Study with USA:

– In the USA, marriage laws vary by state, and there is no general prohibition on marriages between close relatives. However, some states impose restrictions.

4.2 Comparative Study with UK:

– The UK prohibits marriages between certain close relatives, and these prohibitions are primarily based on concerns related to genetic disorders and public policy.

V. Recent Developments and Challenges:

5.1 Evolving Social Dynamics:

As society evolves, there is an ongoing debate on whether certain restrictions based on sapinda relationships and prohibited degrees are still relevant in the modern context.

5.2 Recent Case Law: Sunita v. State of Haryana (2022):

In this recent case, the High Court examined the validity of a marriage within sapinda relationships, highlighting the need for a nuanced approach in interpreting these provisions.

VI. Conclusion:

In conclusion, sapinda relationship and prohibited degrees are integral concepts in Hindu marriage law, serving as pillars to uphold the sanctity and social acceptability of marriages. The evolving nature of society calls for periodic review and analysis of these principles. By comparing them with international laws, we gain insights into different approaches to regulating marriages. The recent case laws discussed emphasize the importance of a balanced and contemporary interpretation of these traditional principles to address the changing dynamics of society.