2024-08-29 19:13:33
Sapinda marriage is in the news because of a decision of the Delhi High Court. A woman had filed a petition regarding a section of Sapinda marriage banned in India. In which she had questioned Section 5 (v) of the Hindu Marriage Act 1955. The woman was married according to Hindu customs. But after many years it was discovered that the husband was a distant cousin. When the matter reached the court, this marriage was declared illegal.
In such a situation, it becomes important to know what is sapind marriage and how it is followed in India. Apart from this, what are the laws in different states of the world regarding this type of marriage. You will be surprised to know that in a Muslim country, marrying a cousin is not only legal, but a girl cannot marry anyone else without the permission of her cousin. The girl is punished for breaking the rule.
what is sapinda marriage
In simple words, sapinda marriage means that the ancestors of both the husband and wife were the same till some time ago. According to section 3 f (ii) of the Hindu Marriage Act, if the ancestors of both are the same then such a marriage will be considered sapinda. Whereas according to section 3 f (i), up to 3 generations from the mother’s side and up to 5 generations from the father’s side are considered sapinda marriages.
This means that the first generation from the mother’s side, the second generation of their parents and their grandparents i.e. up to the third generation are sapindas. Whereas from the father’s side, this rule applies to the grandparents of the grandparents.
Not legal in India, but lying is allowed in special circumstances
According to Section 5 (v), sapinda marriage is not legal in India. A marriage is considered valid only if the boy and the girl are not sapindas. However, the Hindu Marriage Act 1955 has been made by the Parliament of India, which applies to marriages between Hindus. For example, these rules will apply to Hindus, Jains, Sikhs and Buddhists.
However, Section 2(2) provides exemption to tribal communities. Section 3(a) refers to customs that are followed by a particular section, tribe, group or family of the Hindu community.
Sapinda marriage is also known by these names
Due to different languages and customs in different countries, laws and relationships are also known by different names. For example, in sapind marriage, blood relation is being talked about in which the same Pind is mentioned for a few generations. Similarly, blood relation is known by many names. At some places, it is also called cousin marriage.
Sapinda marriage is not legal here
According to media reports, marriage within blood relations is not allowed in many European countries. In England, Section 23B of the Marriage Act 1961 does not allow sapind marriage. In Vietnam, according to Article 10 of the law of 2000, even the third line of blood is banned.
While talking about the 50 states of America, cousin marriage is banned in 24 states while it is not banned in 19 states. First cousin marriage is partially allowed in 7 states. In South Korea, cousin marriage up to the third line is banned since 1997 while it is completely banned in Taiwan and North Korea. Cousin marriage is also banned in the Philippines.
Cousin marriage is legal in these countries
Cousin marriage is not banned in the Middle East. Even in Iraq, a girl cannot marry someone else without the consent of her male cousin. In Iraq, if this rule is broken, the girl is killed as a punishment. Whereas cousin marriage is also increasing in Qatar, Yemen and UAE. It is also legal in Germany and Japan. It is not banned in Brazil but the number of cousin marriages has decreased in the 20th century as compared to the 19th century.
Disclaimer: The information given in this article is according to the data available on the internet. NBT does not confirm the authenticity of the information.