Marriage falls within prohibited degree of relationship
2) marriage would be nullity
Spinda marriage
I want to marry my divorced daughter to a divorced boy. Both are in spinda relation. I know she has not been claim any property rights. She is Govt employee.Both the families are agreeing. kindly tell me who can challenge their relation in court and what type of punishment can impose
Asked 7 years ago in Family Law
Religion: Hindu
11 Answers
A third party can not challenge such relationship. the marriage though shall be a nullity.
Effects:
The parties have no status of wife and husband
Children of a void marriage are illegitimate (this is subject to the provision of section 16 of Hindu Marriage Act 1955).
A void marriage doesn’t give rise to mutual rights and obligations.
Regards
Sapinda marriage is impermissible, unless the custom or usage governing the proposed bride(your divorced daughter) and the groom permit the marriage between the two.
As per the Hindu Marriage Act the marriage between spinda is voide.
So solaminising any marriage will nor be enforced in the law but any children born due to this wed lock will have all the rights as normal legitimate child.
The property rights to your daughter will be actually be on the stake as anyone who have interest or share in the property may contest on the validity of the marriage.
No third party can challenge this marriage in Court and it can be declared a nullity only in case either of the husband or the wife (in the instant sapinda marriage) present a petition seeking a declaration as to nullity for contravention on HMA Section 5 (v).
Spinda marriages are prohibited and held under the category of void marriages by Hindu Marriage Act and since it is void hence it doesn't create any legal rights and obligations between parties and it will be governed by mutual understanding of parties, at the same time it can be terminated by either party at their wish and desire without incurring any legal complications. Since spinda relationship are not punishable offence, hence you can not incur criminal liability.
Respected sir...
Marriage among sapandas is null and void but petition for such a declaration can be filed by the parties only and no one else. The children has right in property of parents only and no other relatives. Both the parties to such a marriage is punishable for simple imprisonment up to 1 month or fine up to rupees 1000/- or both...
Thanku
Nobody except the family members/relatives of the parties has right to challenge that marriage, there is no locus standi for any other person.
if the case will be filed for challenging that marriage then section 18 of Hindu marriage Act-1955 will apply.
18.Punishment for contravention of certain other conditions for a Hindu marriage.-
Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), (v) and (vi) of section 5 shall be punishable-
(a) in the case of a contravention of the condition specified in clause (iii) of section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both;
(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both; and
(c) in the case of a contravention of the condition specified in clause (vi) of section 5, with fine which may extend to one
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Dear Client,
Marrying with prohibited relationship is not crime against society but against the principals of Hindu mythology, no penal offense but since it is prohibited under Hindu marriage act as void marriage, this marriage will never have ever any legal sanctity.
And until it is not disclose to authorities.society, enjoy.
Spinda marriage is prohibited under Hindu Marriage Act 1955. Such marriages would infact be void.
if the Hindu bride and the Hindu groom are "sapindas" of each other, the marriage between the two cannot be solemnized by law and will be legally void, however the custom or usage governing each of them permits of a marriage between the two, they may go ahead.
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.
