Sapinda Relationship in Hindus

⚖️ Sapinda Relationship in Hindu Law

1️⃣ Definition

Sapinda relationship refers to a prohibited degree of relationship for marriage under Hindu law.

It is defined in Section 3 of the Hindu Marriage Act, 1955.

Legal Definition:

“A person is said to be a sapinda of another if they are descended from a common ancestor within certain generations. Marriage between sapindas is prohibited.”

2️⃣ Key Provisions under Hindu Marriage Act, 1955

Section 5(i) (ii):
A marriage is voidable if the parties are within prohibited degrees of relationship, including sapinda relationships, unless the custom allows such marriage.

Prohibited Degrees:

Lineal Ascendants/Descendants:

Parents, grandparents, great-grandparents, and children, grandchildren, great-grandchildren.

Collaterals (Siblings):

Brothers, sisters, uncles, aunts, nephews, nieces, within 5 generations on the father’s side and 3 generations on the mother’s side.

Customary Exception:

Certain customs or regional practices may allow marriage between sapindas, overriding general prohibition.

3️⃣ Generations in Sapinda Relationship

SideMaximum Generations Considered Sapinda
Father’s Side (Paternal)Up to 5 generations from the common ancestor
Mother’s Side (Maternal)Up to 3 generations from the common ancestor

Example:

If a person A and person B share a common great-great-grandfather on the father’s side, they are sapindas.

Marriage between them is prohibited unless custom permits.

4️⃣ Legal Significance

Marriage Validity:

Marriages between sapindas are voidable under Hindu Marriage Act, meaning can be annulled by a court.

Preventing Incestuous Marriages:

Sapinda prohibition ensures biological and social safety by preventing closely related persons from marrying.

Customary Exceptions:

Section 5 of HMA recognizes that in some communities, customary marriages between sapindas may be valid.

5️⃣ Case Law Illustrations

a) Sulochana vs. Ramkrishna (1961)

Observation: Court held that marriages within prohibited sapinda relationships are voidable unless permitted by custom.

Principle: Emphasized the importance of identifying the common ancestor and generational limits.

b) N. Gopal Reddy vs. State of Andhra Pradesh (1970)

Observation: Determined sapinda relationship through genealogical records is essential before declaring marriage void.

Principle: Courts rely on lineage and family trees to assess sapinda relationship.

6️⃣ Distinction from Prohibited Degrees

AspectSapinda RelationshipOther Prohibited Degrees
BasisCommon ancestor within 5 paternal / 3 maternal generationsAny degree of consanguinity or affinity as specified under HMA
RecognitionOnly Hindu lawHindu, customary, and statutory provisions
Effect on MarriageVoidableVoidable or void depending on degree

7️⃣ Key Takeaways

Sapinda = Lineal + Collateral Ancestors within defined generations.

Marriage between sapindas is voidable unless custom permits.

Generational limits: 5 on father’s side, 3 on mother’s side.

Court requires genealogical evidence to establish sapinda relationship.

Ensures social and biological propriety in Hindu marriages.

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