Sapinda Marriage

Recently, Delhi High Court has reaffirmed the ban on sapinda marriages.

• Sapindas – According to Section 3 of the Hindu Marriage Act, 1955 (HMA),
  • 2 persons are said to be sapindas of each other if 1 is a lineal ascendant of the other or if they have a common lineal ascendant.
• Legality – HMA prohibits marriage between 2 Hindus if they are “sapindas” of each other unless the custom or usage governing each of them permits of a marriage between the 2.
• On the mother’s side – An individual cannot marry their sibling, their parents, their grandparents, or an individual who shares this ancestry within 3 generations.
• On the father’s side – The above (mother side) prohibition would extend up to their grandparents’ grandparent, and anyone who shares this ancestry within 5 generations.
• Violation – Such marriages will be declared void and will be treated as though it never took place.
• Exceptions – It allows such practices if the customs of each individual permits sapinda marriages.

The word ‘custom’, according to Section 3(a) of HMA means ‘a practice that has to be continuously and uniformly observed for a long time, and should have gained enough legitimacy among Hindus in a local area, tribe, group, or family, such that it has obtained the force of law’.

• Issues – Petitioner argued that Section 5(v) which prohibits sapinda marriages unless there is an established custom violates the right to equality under Article 14 of the Constitution.