Monday 29 July 2013

What are the “prohibited degree of relationships” under the Special Marriage Act, 1954?


For people marrying as per the Hindu customers in India, there are certain relationships which are prohibited from getting married as per the law of the land. These prohibited degrees of relationships are derived from the age old beliefs and customs of the people of this country. These may or may not have any scientific reasons but derive their force from conventions and practices. If marriages are held within these  relationships, these are declared to be void legally. These do not have the legal sanction. The circumstances which make the marriages void and voidable are discussed here but let us have a look at the prohibited degrees of relationships. The same also applied for the Arya Samaj Marriage or any other marriage conduct in a different way.

These are provide in First Schedule Part I and II, as per the following table. Part I meant for the male person and the Part II is meant for the female person who want to get married.

PART I
PART II
1. Mother
1. Father
2. Father's widow (step-mother)
2. Mother's husband (step-father)
3. Mother's mother
3. Father's father
4. Mother's father's widow (step grand-mother)
4. Father's mother's husband (step-grandmother)
5. Mother's mother's mother
5. Father's father's father
6. Mother's mother's father's widow (step-great-grandmother)
6. Father's father's mother's husband (step-great-grandfather)
7. Mother's father's mother
7. Father's mother's father
8. Mother's father's father's widow (step-great-grandmother)
8. Father's mother's mother's husband (step-great-grandfather)
9. Father's mother
9. Mother's father
10. Father's father's widow (step-grandmother)
10. Mother's mother's husband (step-grandfather)
11. Father's mother's mother
11. Mother's father's father
12. Father's mother's father's widow (step-great-grandmother)
12. Mother's father's mother's husband (step-great-grandfather)
13. Father's father's mother
13. Mother's mother's father
14. Father's father's father's widow (step-great-grandmother)
14. Mother's mother's mother's husband(step-great-grandfather)
15. Daughter
15. Son
16. Son's widow
16. Daughter's husband
17. Daughter's daughter
17. Son's son
18. Daughter's son's widow
18. Son's daughter's husband
19. Son's daughter
19. Daughter's son
20. Son's son's widow
20. Daughter's daughter's husband
21. Daughter's daughter's daughter
21. Son's son's son
22. Daughter's daughter's son's widow
22. Son's son's daughter's husband
23. Daughter's son's daughter
23. Son's daughter's son
24. Daughter's son's son's widow
24. Son's daughter's daughter's husband
25. Son's daughter's daughter
25. Daughter's son's son
26. Son's daughter's son's widow
26. Daughter's son's daughter's husband
27. Son's son's daughter
27. Daughter's daughter's son
28. Son's son's son's widow
28. Daughter's daughter's daughter's husband
29. Sister
29. Brother
30. Sister's daughter
30. Brother's son
31. Brother's daughter
31. Sister's son
32. Mother's sister
32. Mother's brother
33.Father's sister
33. Father's brother
34. Father's brother's daughter
34. Father's brother's son
35. Father's sister's daughter
35. Father's sister's son
36. Mother's sister's-daughter
36. Mother's sister's son
37. Mother's brother's daughter
37. Mother's brother's son

Besides mentioning these relations explicitly, the law also provides that the term meaning of the term ‘relationship’ includes the following which are also prohibited:

1. relationship existing due to half or uterine blood or even by the full blood. To make things clear, a ‘half blood’ relationship is when there is a common ancestor but different wives, and a ‘full blood’ relationship is the one which has common ancestor and same wife. At the same time, it shall be mentioned that the ‘uterine blood’ relationship between two persons is said to exist when they have common ancestress but different husbands.
2. legitimate as well as illegitimate blood relationship.
3. relationship by adoption as well as by blood.

3 comments:

  1. Hindu marriages are very famous.Because it's ritual are really amazing.However people are against intercast marriage.They not allowed for love marriage.If there are love couple and they have any problem then they people take help of astrologer.
    _____________
    Astrology in india

    ReplyDelete
  2. As per the Special Marriage Act only registration is considered marriage.

    If first registration, then the religious ceremony is followed, compulsory registration can be successful.

    jain matrimonial

    ReplyDelete