They are thus, admittedly, first cousins within the definition of "prohibited degrees of relationship" given in Clause (g) of Section ... uncle and niece or between aunt and the nephew, within the prohibited degree of relationship was not only permissible, but was considered
Clause-V speak
that the parties should not be coming under prohibited degree or
sapindas unless by custom so permitted. Section-3(f) defines ... supenda while 3(G) defines the prohibited degree. The same are
quoted below:-
―(f) (i) ―sapinda relationship‖ with
reference to any person extends
stated that his relation with his
wife falls within the degree of prohibited relationships, as parties were
sapindas of each other. In support ... before the learned trial court that the
marriage falls within the degree of prohibited relationship as they are the
children of brothers
Clause-V speak
that the parties should not be coming under prohibited degree or
sapindas unless by custom so permitted. Section-3(f) defines ... supenda while 3(G) defines the prohibited degree. The same are
quoted below:-
―(f) (i) ―sapinda relationship‖ with
reference to any person extends
that the marriage between the appellant and Jayanti came
within the prohibited degree in terms of the Hindu Marriage Act, 1955
3
and the Special ... marriage, it appeared to the magistrate, to be
4
within the degree of prohibited relationship; hence, he held the
marriage to be void ab initio
free to join the person she has chosen to marry
despite prohibited degree and relationship,
prohibiting such marriage between sapindas.
6. Parents will ... relationship, as theirs was a sapinda
marriage within the prohibited degree and she
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stating that the marriage between them was hit by the
prohibited degree of relationship and both of them are sapindas
of each other. The plaintiff ... defendant
No. 4 is void marriage as defendants fall within the prohibited
degrees and are sapindas to each other, thus plaintiff
person having a spouse living, or that one within the prohibited degree is null and void, and even if the person concerned made a representation ... spouse living or was not within the prohibited degree, no estoppel can be allowed to operate to validate such marriage for that would defeat
institution of the suit;
(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;
(3) that either party ... suit. The second ground is that the parlies are within the prohibited degree of consanguinity or affinity. The third ground is lunacy or idiocy
Under section 5 of the Act cover polygamous marriages, marriages within prohibited degrees and sapinda marriages. many couples who have married in contravention of these ... considered a greater, evil than sapinda marriages or marriages within the prohibited degree, it would be worth while to make a distinction between children born
