Sapinda
Encyclopedia
Sapinda is a term used in context of cousin marriage
s in Hinduism
.
For example, if the bride
is the offspring of the any person within five generations (inclusive) on the groom's father's side and three generations (inclusive) on the groom's mother's side, or vice-versa, they will be referred to as "sapindas" of each other. In these cases, the Hindu Marriage Act
of 1955 bars marriage between two Hindus.
Section 5 of the Hindu Marriage Act of 1955 is as follows:
5. Conditions for a Hindu marriage.
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-
living at the time of the marriage;
Out of the six above conditions, this article refers to the condition stated under section 5(v), which states that if the Hindu bride and the Hindu groom are "sapindas" of each other, the marriage between the two cannot be solemnized by law and will be legally void.
Cousin marriage
Cousin marriage is marriage between two cousins. In various jurisdictions and cultures, such marriages range from being considered ideal and actively encouraged, to being uncommon but still legal, to being seen as incest and legally prohibited....
s in Hinduism
Hinduism
Hinduism is the predominant and indigenous religious tradition of the Indian Subcontinent. Hinduism is known to its followers as , amongst many other expressions...
.
- Official/Legal Explanation:
- “Sapinda relationship” with reference to any person extends as far as the 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 upwards in each case from the person concerned, who is to be counted as the first generation.
- Two persons are said to be “sapindas” of each other if one is a lineal ascendantLineal descendantA lineal descendant, in legal usage, refers to a blood relative in the direct line of descent. The children, grandchildren, great-grandchildren, etc...
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.
For example, if the bride
Bride
A bride is a woman about to be married or newlywed.The word may come from the Proto-Germanic verb root *brū-, meaning 'to cook, brew, or make a broth' which was the role of the daughter-in-law in primitive families...
is the offspring of the any person within five generations (inclusive) on the groom's father's side and three generations (inclusive) on the groom's mother's side, or vice-versa, they will be referred to as "sapindas" of each other. In these cases, the Hindu Marriage Act
Hindu Marriage Act
The Hindu Marriage Act was established in 1955 as part of the Hindu Code Bills. Three other important acts were also created during this time and they include the Hindu Succession Act , the Hindu Minority and Guardianship Act , and the Hindu Adoptions and Maintenance Act...
of 1955 bars marriage between two Hindus.
Section 5 of the Hindu Marriage Act of 1955 is as follows:
5. Conditions for a Hindu marriage.
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-
Spouse
The term spouse generally refers to a partner in a marriage:* Husband, referring to a male partner* Wife, referring to a female partner* In some usages, a partner in a civil union, domestic partnership or common-law marriage- See also :* Bride...
living at the time of the marriage;
- (ii) neither party is an idiotIdiotAn idiot, dolt, or dullard is a mentally deficient person, or someone who acts in a self-defeating or significantly counterproductive way. Archaically the word mome has also been used. The similar terms moron, imbecile, and cretin have all gained specialized meanings in modern times. An idiot is...
or a lunaticLunatic"Lunatic" is a commonly used term for a person who is mentally ill, dangerous, foolish, unpredictable; a condition once called lunacy. The word derives from lunaticus meaning "of the moon" or "moonstruck".-Lunar hypothesis:...
at the time of the marriage;
- (iii) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage;
- (iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
- (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
- (vi) where the bride has not completed the age of eighteen years, the consent of her guardianLegal guardianA legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
in marriage, if any, has been obtained for the marriage.
Out of the six above conditions, this article refers to the condition stated under section 5(v), which states that if the Hindu bride and the Hindu groom are "sapindas" of each other, the marriage between the two cannot be solemnized by law and will be legally void.