Question

Mohan gets married to his sister’s daughter Kriti:

Mohan gets married to his sister’s daughter Kriti:

.

Option A: The marriage is valid if the custom allows it
Option B: The marriage is void
Option C: The marriage is valid only if the Court approves it
Option D: The marriage is valid only if the Panchayat permits

Correct Answer

Option: a

Explanation

Section 5. Conditions for a Hindu marriage. – A marriage may be solemnized any two Hindus, if the following conditions are fulfilled, namely – (iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; or (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; Section 3(f)(i) of the Hindu Marriage Act, 1955 explains “sapinda relationship”-with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation; (ii) two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them.

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