Kinship Prohibitions in Marriage  

A marriage is void if it is between persons who fall within prohibited degrees unless custom permits it.

Includes:

• Lineal ascendants and descendants
• Siblings (brother-sister relationships)
• Uncle–niece / aunt–nephew relationships
• Relations like father’s sister, mother’s brother’s daughter (depending on customs)

👉 Exception: Marriage is valid if custom permits such union.

(B) Sapinda Relationship (Section 5(v), HMA)

Sapinda relations are those who share common ancestors within:

• 3 generations from the mother’s side
• 5 generations from the father’s side

Marriage between sapindas is void unless custom allows it.

(C) Affinity Relationships

These arise through marriage, such as:

• Step-relations
• Relations by marriage (in-laws in certain prohibited combinations)

Though not always explicitly codified, they are recognized under customary and moral restrictions.

(D) Customary Exceptions

In some communities:

• Cousin marriages are allowed
• Cross-cousin marriages are valid

Custom must be:

• Ancient
• Certain
• Reasonable
• Not against public policy

2. Legal Consequences of Violation

If kinship prohibitions are violated:

• Marriage is void ab initio (Section 11 HMA) in cases of prohibited degrees or sapinda violation
• Children may still be legitimate under Section 16 HMA
• Parties may face legal complications in inheritance and maintenance disputes

3. Important Case Laws on Kinship Prohibitions

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

👉 Supreme Court held:

• A marriage violating essential conditions under Section 5 is void
• A woman in such a void marriage is not a legally wedded wife
• No spousal rights like maintenance under Section 125 CrPC

📌 Significance: Reinforces strict enforcement of kinship restrictions under HMA.

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

👉 Supreme Court held:

• Valid marriage requires proper ceremonies under Section 7 HMA
• Without essential ceremonies, marriage is not legally recognized

📌 Significance: Supports the idea that legal marriage requires compliance with statutory conditions, including kinship rules.

3. Kanwal Ram v. Himachal Pradesh Administration (1966)

👉 Court held:

• Marriage must be strictly proved
• Presumption of marriage is not strong in criminal cases

📌 Significance: Reinforces that illegal or void marriages (including those violating kinship rules) cannot be presumed valid.

4. Lila Gupta v. Laxmi Narain (1978)

👉 Supreme Court held:

• Technical defects in marriage do not always invalidate it unless they violate essential conditions

📌 Significance:

• Helps distinguish between void and voidable marriages
• Supports strict interpretation of kinship prohibitions only when statutory conditions are breached

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

👉 Supreme Court held:

• Strong presumption exists in favor of marriage if parties cohabit
• However, this presumption cannot override statutory prohibitions like sapinda or prohibited degrees

📌 Significance:

• Kinship prohibitions override presumption of marriage.

6. Revanasiddappa v. Mallikarjun (2011)

👉 Supreme Court held:

• Children born from void marriages (including those violating kinship rules) are legitimate
• They can inherit self-acquired property of parents

📌 Significance:

• Softens the harshness of kinship prohibition consequences on children

7. S. Nagalingam v. Sivagami (2001)

👉 Supreme Court held:

• Customary marriages must be strictly proven
• Custom cannot override statutory prohibitions unless clearly established

📌 Significance:

• Custom is an exception, not a rule, in kinship-based marriage validity.

4. Conclusion

Kinship prohibitions in marriage serve as a fundamental safeguard in personal laws, especially under Hindu law. They regulate:

• Blood relationships (consanguinity)
• Marriage-based relations (affinity)
• Social customs (customary restrictions)

Indian courts consistently hold that:

• Violations of sapinda or prohibited degrees render marriage void
• Customary exceptions must be strictly proven
• Children from such unions are protected despite invalid marriage status