What are “Sapinda” Marriages, and why High Court invalidated them?
By iastoppers.com
Delhi High Court recently upheld the constitutionality of Section 5(v) of the Hindu Marriage Act, 1955, citing potential risks of legitimizing Sapinda marriages.
Section 3(f)(ii) of the Hindu Marriage Act defines sapinda relationships, restricting marriage between certain close relatives.
Prohibitions extend up to three generations on the mother's side, preventing marriage with siblings, parents, and grandparents.
On the father's side, restrictions extend up to five generations, encompassing grandparents' grandparents.
A sapinda marriage violating Section 5(v) of the Act without a custom permitting it is declared void ab initio.
The Act allows sapinda marriages only if customs of individuals involved permit, and is defined under Section 3(a) of the Act.
Such customs must be continuously observed, uniformly accepted, not opposed to public policy, and must be certain.
European countries like France, Belgium, Portugal, Italy, and parts of the United States have varying laws on incestuous relationships, with many allowing it with certain restrictions.