Annulment of Marriage Due to Prohibited Relationship (Prohibited Degrees / Sapinda Relationship)

1. Introduction

A marriage may be annulled when it is performed between persons who fall within prohibited degrees of relationship or sapinda relationship, as such marriages are considered invalid under Hindu law.

Under the Hindu Marriage Act, 1955 (HMA):

• Section 5(iv): prohibits marriage between persons within prohibited degrees unless custom permits it
• Section 5(v): prohibits sapinda relationships unless custom permits it
• Section 11: such marriages are void ab initio

👉 Therefore, marriages in prohibited relationship are not merely voidable—they are generally void from the beginning, and can be declared null.

2. Meaning of Prohibited Relationship

(A) Prohibited Degrees (Section 3(g), HMA)

A person is said to be within prohibited degrees if:

• They are lineal ascendants or descendants
• They are siblings (brother-sister)
• Relationships like uncle-niece, aunt-nephew, etc.

(B) Sapinda Relationship (Section 3(f), HMA)

Two persons are sapindas if:

• They share a common ancestor within five generations on the father’s side and three generations on the mother’s side

3. Legal Effect of Marriage in Prohibited Relationship

Such marriages are:

• Void under Section 11 HMA
• No legal status of marriage exists
• Courts may issue declaration of nullity
• Criminal liability may arise in some cases if fraud or concealment is involved

4. Exceptions

Marriage may still be valid if:

• A valid custom or usage permits such marriage
• The custom is:
  • Ancient
  • Certain
  • Reasonable
  • Not opposed to public policy

5. Grounds for Annulment/Nullity

A marriage in prohibited relationship can be challenged when:

1. Parties fall within prohibited degrees
2. They are sapindas under law
3. No valid custom permits the marriage
4. Marriage violates Section 5(iv) or 5(v)
5. Consent or ignorance does not legalize the union

6. Burden of Proof

• The party challenging marriage must prove:
  • Relationship falls within prohibited degree/sapinda rule
  • No valid custom exists allowing such marriage

7. Legal Consequences

If marriage is void due to prohibited relationship:

• Marriage treated as non-existent in law
• No spousal rights (maintenance may arise in limited cases)
• Children are legitimate under Section 16 HMA
• Property rights governed separately

8. Important Case Laws (At Least 6)

1. Bhaurao Shankar Lokhande v. State of Maharashtra (1965) 2 SCR 837

• Held:
  • Marriage contrary to statutory requirements is void
• Relevance:
  • Reinforces that prohibited marriages have no legal recognition

2. Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) 1 SCC 530

• Held:
  • A marriage violating legal requirements (including prohibited relationships) is void
• Principle:
  • No legal status or spousal rights arise from such marriage

3. Lily Thomas v. Union of India (2000) 6 SCC 224

• Held:
  • Fraud or circumvention of law does not validate illegal marriage
• Relevance:
  • Applies to prohibited relationships disguised through deception or conversion

4. S.P.S. Balasubramanyam v. Suruttayan (1994) 1 SCC 460

• Held:
  • Strong presumption of valid marriage exists, but can be rebutted by proving prohibited relationship
• Importance:
  • Burden lies on challenger to establish illegality

5. Parayankandiyal Eravath Kanapravan Kalliani Amma v. K. Devi (1996) 4 SCC 76

• Held:
  • Section 16 HMA must be interpreted liberally to protect children of void marriages
• Relevance:
  • Even if marriage is void due to prohibited relationship, children remain legitimate

6. Savitaben Somabhai Bhatiya v. State of Gujarat (2005) 3 SCC 636

• Held:
  • Void marriages do not create spousal status
• Relevance:
  • Applies where marriage is void due to prohibited relationship or similar legal bar

7. Revanasiddappa v. Mallikarjun (2011) 11 SCC 1

• Held:
  • Children of void marriages (including prohibited relationships) are legitimate under Section 16
• Expanded rights of such children to parental property

8. Jinia Keotin v. Kumar Sitaram Manjhi (2003) 1 SCC 730

• Held:
  • Children of void marriages are legitimate but rights are limited to parents’ property
• Relevance:
  • Clarifies legal consequences of prohibited relationship marriages

9. Kanwal Ram v. Himachal Pradesh Administration (1966) 1 SCR 539

• Held:
  • Strict proof of valid marriage ceremony is required
• Relevance:
  • Helps courts determine whether alleged prohibited marriage actually occurred

10. S. Nagalingam v. Sivagami (2001) 7 SCC 487

• Held:
  • Bigamous or statutorily prohibited marriages are void
• Relevance:
  • Reinforces strict statutory compliance in marriage validity

9. Judicial Approach

Courts adopt:

• Strict statutory interpretation of prohibited relationships
• Liberal interpretation of Section 16 to protect children
• Presumption of validity unless strong proof of illegality exists

10. Conclusion

Marriage within prohibited degrees or sapinda relationship is considered void under Hindu law, and such unions have no legal recognition. However, Indian courts balance strict legal prohibition with social justice principles, ensuring that innocent children born from such unions are not penalized and are granted legitimacy under Section 16 of the Hindu Marriage Act.