Sapinda relationship hindu law cases

sapinda relationships

sapinda relationship hindu law cases

a sapinda relationship has been defined by vijnaneshwar in that portion of his in the case of child claiming through its father the sapinda relationship ends; author of the daya bhaga and certain other commentators on hindu law. but we. She is gotraja sapinda, and the last case is an authority for the proposition that . Hindu Marriage Act as follows:3(f)(i) “sapinda relationship' with reference to. Ever since this definition of sapinda relationships have been inferred from the ancient Hindu history and law, several cases were heard in the.

Sapinda Relationship

For example, if a foreigner abdicates his religion by a clear act of renunciation and adopts Hindu religion, he may be regarded a Hindu. Section 5 Further following conditions must be fulfilled for solemnization of a Hindu marriage: It may be mentioned here that if you solemnize marriage when you have not completed the requisite age, it would be a valid marriage so far as provisions of Hindu Marriage Act are concerned.

However, under section 13 of Hindu Marriage Act, non-compliance with this condition provides a remedy to the aggrieved person for relief of divorce.

However, as noticed above, under the Prohibition of Child Marriage Act,if you solemnize marriage when you have not completed the requisite age, it is called a child marriage.

Sapinda relationship

When you solemnize marriage even when you have not completed the requisite age, it would be a voidable marriage and that under Prohibition of Child Marriage Act, the aggrieved contracting party can file a petition before the Court for getting the marriage annulled.

However, when there is an injunction order, under the provisions of Prohibition of Child Marriage Act,but still you go ahead and solemnize marriage, it would be a case of void marriage.

sapinda relationship hindu law cases

Such a marriage would be void from the very beginning. In case, you are a male, you should not have a spouse, your wife-living at the time of your marriage with the other girl. Similarly, if you are a female, you should not have a husband living at the time of your marriage with another man.

Suppose, you are going to solemnize marriage while your spouse from the earlier marriage is alive and your earlier marriage has not been set aside.

sapinda relationship hindu law cases

In such a situation, your later marriage would be no marriage in the eye of law. Such a marriage is null and void from the very beginning'. At the same time, such a marriage may be got declared null and void by a decree of nullity by filing petition under section 11 of Hindu Marriage Act. Meena Arun Navalkar [1]it was held that the wife could not claim maintenance from her husband because the husband proved that they were sapindas of one another and that meant that their marriage was null and void.

sapinda relationship hindu law cases

It was also held that the wife could not enter the matrimonial home thereon. If the wife proved that custom or usage permitted their marriage, she could have claimed maintenance but the wife failed to do so.

sapinda relationship hindu law cases

It is not easy to prove the prevalence of a custom or usage because it is characterized by its continuity, longevity, uninterruptedness and acceptance in the society. Similarly in the case of Sharad Dutt v.

sapinda relationship hindu law cases

Further, there was not a single marriage on record of a marriage between sapindas in their community, thus no custom governed the marriage either. It was held that their marriage was null and void. There have also been cases where the existence of a custom or usage permits a marriage between sapindas.

In the case of Marian Eva and Anr. State of Himachal Pradesh [3] it was held that the marriage between the two parties is valid since there was a custom governing at least one of the parties permitting such a marriage, notwithstanding that they are sapindas of one another.

Sapinda - Wikipedia

Critical Analysis of the Provision Apart from the fact that the onus of proving the existence of a custom or usage is on the party propounding it, there are other criticisms to this provision as well.

The provision in the Act that deals with sapinda relationships leaves a window for doubt with respect to the customs and usages that permit such marriages. It is difficult to comprehend how customs and usages are treated as an exception when the medical field has proved that children born out of marriages between cousins suffer from genetic defects.

These children are faced with recessive conditions, where one defective gene is inherited from each parent.

Hindu Marriage Act

First cousins have a 1. Researchers say that marriage between cousins, especially, first cousins, doubles the risk of having a baby with genetic defects. The Lancet, a UK based medical journal published a detailed research analysis involving over 11, children born out of consanguineous marriages. This research revealed that out of them, had congenital anomalies. Take into consideration small communities such as the Parsis or Jews, since their inception, these communities did not encourage marriages with parties outside their community.

sapinda relationships doctypes: judgments

The system of Khaps, often practiced in Haryana condones honor killings of a couple that marries a party belonging to another community or family. The reasons for the preference of consanguineous marriages are most often socially oriented. It is forlorn to see that many states in India, especially in South India, marriages between parties who are sapindas of each other are glorified even though medical evidence shows that it plays an obstructive role with regard to ones health.