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Sapinda relationships are prohibited under Hindu marriage law. A sapinda is someone who is:
- within or has a common ancestor relative within three generations above you on your mother’s side of the family
- within or has a common ancestor relative within five generations above you on your father’s side of the family.
A sapinda can be someone from your father’s side or mother’s side hence, you are not eligible for a hindu marriage if you marry someone who is a Sapinda.
However, in some cases, despite a sapinda relationship being prohibited by law, a person’s custom might still permit a marriage with another person. In this case, they can get married because their custom allows them to do so.
Jail time up to one month or a fine up to Rs. 1000 or both is the punishment but there are exceptions.
RITIK
January 13, 2024
Can Sapinda case be filed after section 9?
Alka Manral
May 30, 2024
If you’re the party seeking restitution of conjugal rights, you must not file a case declaring the relationship to be Sapinda. Alternatively, if you wish to prove that the relationship is Sapinda as a response to restitution of conjugal rights, you have to prove that the relationship is prohibited through s.3, HMA and show that the marriage was void from the start. This can be done as a void marriage cannot result in enforcment of conjugal rights.