Code: Section 3 Hindu Marriage Act, 1955
- Definitions.—In this Act, unless the context otherwise requires—
(a) “Custom” and “usage” mean a rule followed consistently over time by Hindus in a specific area, community, or family. This rule must be certain, reasonable, and not against public policy. If it applies only to a family, it must still be in use.
(b) “District court” means:
- A city civil court (if one exists in the area), or
- The main civil court in other areas, or
- Any civil court notified by the State Government for handling cases under this Act.
(c) “Full blood” and “half blood”:
- Full blood: People share the same ancestor and the same wife.
- Half blood: People share the same ancestor but from different wives.
(d) “Uterine blood”: People share a common ancestress but have different fathers.
(e) “Sapinda relationship”: This refers to:
- Three generations on the mother’s side
- Five generations on the father’s side
If two people have a shared ancestor within these limits, they are “sapindas.”
(f) “Degrees of prohibited relationship”: Marriage is not allowed between:
- A person and their direct ancestors or descendants
- A person and their sibling, uncle, niece, aunt, or cousin from the same family tree
The law treats adopted, illegitimate, and uterine relationships the same as full-blood relationships.
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Explanation of Section 3 – What This Section Means
Section 3 defines key terms in the Hindu Marriage Act. These definitions help decide who can legally marry and who cannot. They also explain terms related to family ties and court jurisdiction.
Understanding Custom and Usage
Custom means a local or family practice that has legal standing. But the practice must meet three conditions:
- It must be certain and clearly defined.
- It must not be unreasonable.
- It must not go against public policy.
For example, if a family has allowed cousin marriages for generations and continues the practice, it may be recognized—if it meets the above conditions.
What Is a Sapinda Relationship?
A sapinda relationship limits who can marry. People are considered sapindas if:
- They are related within three generations on the mother’s side, or
- Five generations on the father’s side
These limits aim to prevent close-relative marriages, except where customs allow.
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Understanding Blood Relations and Marriage Rules
Full, Half, and Uterine Blood
- Full blood: Same father and same mother
- Half blood: Same father, different mothers
- Uterine blood: Same mother, different fathers
These definitions are important because they affect marriage eligibility.
Prohibited Relationships
People cannot marry if:
- One is a direct relative (like parent or child)
- They are siblings or close cousins
- One was the spouse of the other’s relative (like a father’s brother’s wife)
These rules apply equally to adopted children and those born out of wedlock.
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Illustration: Examples of How Section 3 Applies
Example 1:
A man and woman share the same great-grandfather. They are within the sapinda relationship limit on the father’s side. They cannot marry unless custom allows it.
Example 2:
Two cousins are children of a brother and sister. They fall under the degrees of prohibited relationship. Marriage is only possible if their community custom permits it.
Example 3:
A family custom allows marriage between second cousins. If the custom has been followed for generations and meets legal standards, it may override general restrictions.
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Common Questions and Answers
Q1: What is a sapinda relationship?
A: It is a close blood relationship. The Act prohibits marriage between such relatives unless a valid custom permits it.
Q2: Are adopted children treated the same as biological children?
A: Yes. The Act treats adopted relationships the same as blood relations.
Q3: Can illegitimate children be part of a prohibited relationship?
A: Yes. The law includes all types of blood relationships—legitimate or illegitimate.
Q4: Can a person marry someone if a family custom allows it?
A: Possibly. But the custom must be old, certain, reasonable, and not against public policy.
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Conclusion
Section 3 of the Hindu Marriage Act defines key terms like sapinda, prohibited relationship, and custom. These definitions decide who can marry legally under Hindu law. The section also ensures that adopted or illegitimate children are treated equally. Understanding these terms is vital before entering into a Hindu marriage.
For more legal updates and explanations of Hindu personal laws, visit ApniLaw.
