Question: Write a short note on Sapinda’s Relationship.  Find the answer only on Legal Bites. [Write a short note on Sapinda’s Relationship] Answer Sapinda relationship means extended relationships through generations such as father, grandfather, etc. Vijnaneshwara’s theory of Sapinda implied the connection of both through the same body. The concept of the Mitakshara school of law was modified… Read More »

Question: Write a short note on Sapinda’s Relationship. Find the answer only on Legal Bites. [Write a short note on Sapinda’s Relationship] Answer Sapinda relationship means extended relationships through generations such as father, grandfather, etc. Vijnaneshwara’s theory of Sapinda implied the connection of both through the same body. The concept of the Mitakshara school of law was modified to a certain extent. Vijnaneshwara’s concept was brought with a few changes in...

Question: Write a short note on Sapinda’s Relationship.

Find the answer only on Legal Bites. [Write a short note on Sapinda’s Relationship]

Answer

Sapinda relationship means extended relationships through generations such as father, grandfather, etc. Vijnaneshwara’s theory of Sapinda implied the connection of both through the same body. The concept of the Mitakshara school of law was modified to a certain extent. Vijnaneshwara’s concept was brought with a few changes in the Hindu Marriage Act for incorporating the Sapinda relationship.

Section 3(f) of the Hindu Marriage Act, 1955 defines the Sapinda relationship as –

i) Sapinda relationship with reference to any person extends as far as third-generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upward in each case from the person concerned who is to be counted as the first generation;

ii) Two persons are said to be Sapinda of each other if one is a lineal ascendant of the other within the limits of the Sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them.

According to Section 5(v) of the Hindu Marriage Act, 1955 expresses two persons who are sapindas to each other cannot marry but if the custom permits, such marriage will be considered a valid marriage. The punishment for Sapinda marriages has been given under Section 18(b) of the Hindu Marriage Act, 1955 which prescribes one-month imprisonment or one thousand fine, or both.


Updated On 2 May 2022 8:31 AM GMT
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