In January 2024, the Delhi High Court rejected a challenge to the constitutionality of Section 5(v) of the Hindu Marriage Act, 1955 (HMA).
- Section 5(v) of the Hindu Marriage Act, 1955 (HMA) prohibits marriage between two Hindus if they are “sapindas” of each other — “unless the custom or usage governing each of them permits of a marriage between the two”.
- A sapinda marriage is one between individuals who are related to each other within a certain degree of closeness.
- Sapinda relationships for the purposes of the HMA are defined in Section 3 of the Act. 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.
- Under the provisions of the HMA, on the mother’s side, a Hindu individual cannot marry anyone who is within three generations of them in the line of ascent.
- On the father’s side, this prohibition applies to anyone within five generations of the individual.
- If a marriage is found to violate Section 5(v) for being a sapinda marriage, and there is no established custom that allows such a practice, it will be declared void. This would mean that the marriage was invalid from the very beginning, and will be treated as though it never took place.
