Hindu Marriage Act – Section 3: Definitions
1. Exact Code:
The Hindu Marriage Act, 1955, Section 3: Definitions
2. Explanation:
Section 3 of the Hindu Marriage Act defines key terms used in the Act. It clarifies the understanding of concepts like “custom,” “usage,” “relationship,” and prohibited degrees of relationship within the context of Hindu marriage.
3. Illustration:
(a) Custom and Usage:
- A particular community might have a tradition of “Swayamvara,” where a woman chooses her husband. If this practice has been consistently followed for a long time and is accepted by the community, it would be considered a “custom.”
- A rule stating that a particular family prohibits marriage within the same clan would be considered “usage” if it’s been consistently followed by that family.
(f) Sapinda Relationship:
- A person’s “sapinda” includes their lineal ancestors up to the third generation through the mother’s side and the fifth generation through the father’s side.
- Two people are “sapindas” if one is a lineal ascendant of the other within these limits or if they share a common lineal ascendant who falls within these limits.
(g) Degrees of Prohibited Relationship:
- Marriage is prohibited between individuals who are lineal ascendants or descendants of each other (e.g., father and daughter, son and mother).
- Marriage is also prohibited between individuals who are related through a spouse of a lineal ascendant or descendant (e.g., a man cannot marry his wife’s sister).
- Other prohibited relationships include uncle and niece, aunt and nephew, and siblings.
4. Common Questions and Answers:
Q: What is the difference between “custom” and “usage”?
A: “Custom” applies to a wider group like a community or tribe, while “usage” is specific to a family. Both require long-term continuous practice and acceptance to be recognized.
Q: Does the Act consider relationships through adoption as prohibited?
A: Yes, Section 3 includes relationships by adoption in the definition of “degrees of prohibited relationship.”
Q: Can an individual who is a “sapinda” marry another individual?
A: No, the Act prohibits marriage within the “sapinda relationship” as it is considered incestuous.
Q: What is the relevance of “uterine blood” in prohibited relationships?
A: It clarifies that relationships through a common mother but different fathers are considered prohibited under the Act.
Q: Can a person be a sapinda of their own child?
A: Yes, a person is considered a sapinda to their own child as they are within the fifth generation in the line of ascent through the father.
