Annulment for Prohibited Degrees of Relationship  

Marriage within prohibited degrees of relationship is treated as a serious legal defect in most personal law systems. Such marriages are generally considered void or voidable, depending on the governing statute, because they violate rules intended to prevent incestuous unions, preserve family structure, and maintain social order.

In India, this is primarily governed by:

• Section 5(iv) of the Hindu Marriage Act, 1955 (HMA) – prohibits marriage within specified degrees unless custom permits it
• Section 11 HMA – renders such marriages void if contravening Section 5(iv)

1. Meaning of Prohibited Degrees of Relationship

A marriage is within prohibited degrees when:

• The parties are closely related by blood (consanguinity) or marriage (affinity)
• And such marriage is not permitted by custom or usage

Examples include:

• Brother and sister (including half/uterine relationships)
• Uncle and niece
• Aunt and nephew
• Certain step-relationships (depending on statute/custom)
• Lineal ascendants and descendants

2. Legal Effect of Such Marriage

(A) Under Hindu Marriage Act

• If no valid custom allows it → marriage is void ab initio
• Either party can seek declaration of nullity under Section 11 HMA

(B) Exception: Customary allowance

A marriage is valid if:

• There is a continuous and established custom
• The custom is:
  • Certain
  • Reasonable
  • Not opposed to public policy

3. Grounds for Annulment / Nullity

A marriage is annulled if:

1. Parties fall within prohibited degrees
2. No valid custom permits it
3. Marriage is challenged before or after it is acted upon

4. Legal Consequences of Annulment

(A) Status of Marriage

• Treated as void from inception

(B) Property Rights

• No automatic spousal rights
• Courts may apply equitable principles

(C) Maintenance

• Limited relief possible under:
  • Section 125 CrPC
  • Domestic Violence Act

(D) Legitimacy of Children

• Protected under Section 16 HMA
• Children are legitimate despite void marriage

5. Case Laws (At Least 6 Important Judgments)

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

• Supreme Court held:
  • A marriage contrary to statutory conditions is not valid in law
• Reinforced that statutory prohibitions (including prohibited degrees) render marriage void

2. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988)

• Held:
  • A marriage in violation of essential conditions is null and void
• Emphasized strict compliance with marriage conditions under personal law

3. A. Subash Babu v. State of Andhra Pradesh (2011)

• Court held:
  • Even if marriage is void, protective statutes (like DV Act) may still apply
• Clarified distinction between status of marriage and protective remedies

4. Lily Thomas v. Union of India (2000)

• Supreme Court reaffirmed:
  • Bigamous or statutorily prohibited marriages are void
• Reinforced that statutory prohibition overrides personal intention or ceremony

5. Revanasiddappa v. Mallikarjun (2011)

• Held:
  • Children born from void marriages (including prohibited relationships) are legitimate under Section 16 HMA
• Strong emphasis on child welfare over marital invalidity

6. Badshah v. Urmila Badshah Godse (2014)

• Court held:
  • Law must be interpreted to prevent exploitation in matrimonial relationships
• Even in void marriages, courts may grant maintenance to protect vulnerable spouses

7. S.P.S. Balasubramanyam v. Suruttayan (1994)

• Held:
  • Children from invalid marriages cannot be deprived of legitimacy
• Reinforced inheritance rights of children born from void unions

6. Key Legal Principles from Case Law

(1) Statutory prohibition overrides ceremony

If relationship is within prohibited degrees, marriage is automatically void under law.

(2) Custom is the only exception

A valid, proven custom can override prohibition.

(3) Marriage is void ab initio

No legal status of spouse arises.

(4) Children remain protected

Legitimacy is preserved under statutory law.

(5) Equity may still operate

Courts may grant maintenance or protection despite void status.

7. Practical Legal Impact Summary

8. Conclusion

Marriage within prohibited degrees of relationship is treated as legally void because it violates essential statutory conditions designed to regulate family structure and prevent incestuous unions. However, modern Indian jurisprudence balances strict nullity with social justice principles, ensuring:

• Protection of children
• Relief for economically dependent spouses
• Prevention of unjust hardship despite invalid marriage