"Sapind
relationship" with reference to any person of Hindu Dharma extends as far as the 5 generation (inclusive) in the line of ascent through the mother, and the 7 (inclusive) in the line of ascent through the
father, the line being traced upwards in each case from the person concerned,
who is to be counted as the first generation.
Two persons are said to be "Sapind"
of each other.
If one is a lineal ascendant of
the other within the limits of "Sapind" relationship, or if
they have a common lineal ascendant who is within the limits of "Sapind"
relationship with reference to each of them.
For example, if is the offspring of any person within five
generations (inclusive) on the Groom’s father's side and three
generations (inclusive) on the groom's mother's side, or vice versa,
they will be referred to as "Sapind" of each other.
In these
cases, the Hindu
Marriage Act of 1955 bars marriage between two Hindus.
Section
5 of the Hindu Marriage Act of 1955 laid down conditions for a Hindu Marriage.
A
marriage may be solemnized between any two Hindus, if the following conditions
are fulfilled, namely:-
Neither
party has a spouse living at the time of the marriage;
Neither
party is an idiot or a lunatic at the
time of the marriage;
The
bridegroom has completed the age of twenty one years and the bride the age of
eighteen years at the time of the marriage;
The
parties are not within the degrees of prohibited relationship, unless the
custom or usage governing each of them permits of a marriage between the two;
The
parties are not Sapind of each other, unless the custom or usage governing each
of them permits of a marriage between the two.
Out
of the five above conditions, this article refers to the condition stated under
section 5(v), which states that if the Hindu bride and the Hindu groom are
"Sapind" of each other, the marriage between the two cannot be
solemnized by law and will be legally void.
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