Theme: Hindu Marriage

A Hindu marriage becomes voidable in the following situations:

• One of the spouses is impotent.
• If the conditions for marriage have not been fulfilled. Before 1978, a guardian had to give consent on behalf of the child getting married. The reason this practice was not followed after 1978 is due to the implementation of the Child Marriage Restraint (Amendment) Act, 1978.
• At the time of marriage, the woman was pregnant by some person other than the spouse.
• In cases where the consent was obtained by fraud or force.

If one of these conditions are fulfilled, you can go to Court to annul your marriage.

Sapinda relationships are prohibited under Hindu marriage law.  A sapinda is someone who is:

• within or has a common ancestor relative within three generations above you on your mother’s side of the family
• within or has a common ancestor relative within five generations above you on your father’s side of the family.

A sapinda can be someone from your father’s side or mother’s side hence, you are not eligible for a hindu marriage if you marry someone who is a Sapinda.

However, in some cases, despite a sapinda relationship being prohibited by law, a person’s custom might still permit a marriage with another person. In this case, they can get married because their custom allows them to do so.

Jail time up to one month or a fine up to Rs. 1000 or both is the punishment but there are exceptions.