Annulment For Prohibited Kinship.

09 Apr 2026 --
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Annulment for Prohibited Kinship (Prohibited Degrees of Relationship)

1. Meaning and Legal Concept

Prohibited kinship (or prohibited degrees of relationship) refers to relationships in which marriage is legally forbidden due to close blood or familial ties. In most personal laws (especially under the Hindu Marriage Act, 1955), a marriage between persons within prohibited degrees is either:

Void ab initio (null from the beginning) under certain conditions, or
Voidable or subject to annulment, depending on statutory exceptions and customs.

2. Statutory Basis (India – Hindu Marriage Act, 1955)

Section 5(iv) of the Act provides that a marriage is valid only if the parties are not within the prohibited degrees of relationship unless:

A valid custom or usage permits such marriage.

Section 11 declares such marriages void if they violate Section 5(iv).

Section 3(g) defines prohibited degrees (e.g., relationships like sibling, uncle–niece, aunt–nephew, etc., depending on lineage rules).

3. Grounds for Annulment

A marriage may be annulled if:

The parties fall within prohibited degrees of relationship
No valid custom permits such marriage
Marriage is solemnized in violation of statutory prohibition
Consent or registration cannot validate an inherently void marriage (unless custom exception applies)

4. Legal Consequences

Marriage is treated as void ab initio
No need for formal annulment decree in strict sense, but courts may declare nullity
Children are considered legitimate under Section 16 HMA
No spousal rights (maintenance may be limited depending on circumstances)
Property disputes are resolved as between unrelated parties, not spouses

5. Case Laws (at least 6)

1. Bhaurao Shankar Lokhande v. State of Maharashtra (1965 AIR SC 1564)

Principle: A marriage not performed in accordance with essential ceremonies is not valid; similarly, statutory prohibitions like prohibited degrees render marriage void.

Held: Marriage contrary to essential legal requirements is not valid in law.

2. Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988 AIR SC 644)

Principle: A void marriage confers no spousal status.

Held: A woman in a void marriage cannot claim legal status as wife; applies to marriages within prohibited degrees unless saved by custom.

3. Gullipilli Sowria Raj v. Bandaru Pavani (2009 1 SCC 714)

Principle: Marriage in violation of statutory conditions is void.

Held: If marriage violates Section 5 conditions (including prohibited degrees), it has no legal recognition.

4. Lila Gupta v. Laxmi Narain (1978 AIR SC 1351)

Principle: Void marriages cannot be validated by consent or conduct.

Held: Statutory prohibition cannot be overridden by parties’ agreement; applies strongly to prohibited kinship marriages.

5. Smt. Seema v. Ashwani Kumar (2006 2 SCC 578)

Principle: Marriage registration does not cure illegality.

Held: Registration is procedural and cannot validate a marriage prohibited by law, including incestuous or prohibited-degree unions.

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

Principle: Children from void marriages are protected.

Held: Even if marriage is void due to legal prohibition, children are legitimate under Section 16 HMA and entitled to property rights.

7. Badri Prasad v. Dy. Director of Consolidation (1978 AIR SC 1557)

Principle: Strong presumption of marriage exists, but can be rebutted by proving prohibited relationship.

Held: Courts presume validity, but proof of prohibited degrees can invalidate marital status.

6. Exception: Customary Validation

A marriage within prohibited degrees may still be valid if:

A long-standing, continuous, and certain custom exists
The custom is not unreasonable or opposed to public policy
It is proven in court with strong evidence

Courts strictly scrutinize such customs.

7. Conclusion

Marriage within prohibited degrees is generally treated as void under statutory family law, especially under the Hindu Marriage Act. Courts consistently hold that: