Section 3(f) of Hindu Marriage Act 1955 defines Sapinda relationship by laying down the manner of computing degrees of ascent and relationship for the purpose of marriage. Section 5(v) lays down one of the conditions for valid marriage that parties must not be sapindas of each other unless there is a custom or usage governing each of them which permits of a marriage between them.
The concept of Sapinda relationship as defined in the Smritis as 7 degrees with respect to father’s side and 5 degrees with respect to mother’s side. But after HMA, it has been relaxed. Following points can be considered with respect to Sapinda Relationship:
- Sapinda Relationship extends as far as 3rd generation in the line of ascent through the mother in case of both the parties.
- Sapinda relationships extends as far as 5th generation in the line of ascent through the father in case of both the parties
- Sapinda relationship is traced upward in case of both the parties counting each of them as first generation i.e. inclusive of the persons concerned.
- The line of the ascent will be traced is not restricted male ancestors only. It may also include female ancestors also.
- Sapinda relationship include relationship by half blood, full blood, uterine blood as well as adoption. It also include both legitimate as well as illegitimate relationship. Full Blood : Same father and Same mother Half Blood: Same father but different mothers Uterine Blood: Same mother and different father All these included along with adoption for Sapinda as given in Section 3 explanation.
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AP
Aparna Shukla
Contributing author
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