What Are Incestuous Sapinda Marriages As Per Hindu Marriage Act?

Delhi High Court's Ruling

The Delhi High Court recently dismissed a challenge to Section 5(v) of the Hindu Marriage Act, 1955, which prohibits sapinda marriages between Hindus. The court highlighted concerns that unregulated partner selection in marriages might lead to the legitimization of incestuous relationships.

Understanding Sapinda Marriages

Sapinda relationships are defined in Section 3 of the Hindu Marriage Act, indicating close familial ties within certain generations. Prohibitions extend up to three generations on the mothers side and five generations on the fathers side, preventing marriages within these bounds.

Exceptions To Sapinda Marriage Prohibitions

Section 5(v) allows for sapinda marriages if established customs permit such unions. For a custom to be valid, it must be continuously observed, accepted, and not opposed to public policy.

Legal Challenge, Court's Response

A woman challenged the law after her sapinda marriage was declared void in 2007 due to the absence of a recognized custom. The Delhi High Court rejected her plea, citing insufficient evidence of a valid custom justifying the marriage.

International Perspective On Incest Laws

European countries like France, Belgium, and Portugal have less stringent laws on incest compared to India. In the United States, incestuous marriages are prohibited in all states, except for consenting adults in New Jersey and Rhode Island.

Legal Scope In India

While India upholds strict laws against sapinda marriages, other nations have varying degrees of legal restrictions on incestuous relationships.

Legal Scope Abroad

The legal framework differs across countries, with some allowing incest between consenting adults under certain conditions.