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
| Side | Maximum 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
| Aspect | Sapinda Relationship | Other Prohibited Degrees |
|---|---|---|
| Basis | Common ancestor within 5 paternal / 3 maternal generations | Any degree of consanguinity or affinity as specified under HMA |
| Recognition | Only Hindu law | Hindu, customary, and statutory provisions |
| Effect on Marriage | Voidable | Voidable 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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