Section 3 Of The Hindu Marriage Act (HMA) | Definitions

Synopsis

• Bare Act: The exact text of Section 3 of the Hindu Marriage Act, 1955.
• Introduction: Brief overview and the importance of Section 3 of the Hindu Marriage Act.
• Meaning/Definition/Explanation: Detailed explanation of key terms like custom, sapinda relationship, and prohibited relationship.
• Interpretation: How do courts and advocates interpret these definitions?
• Types/Classifications: Categories under sapinda and prohibited degree of relationship.
• Case Law: Key judicial decisions that clarify Section 3 of the Hindu Marriage Act.
• Multiple Choice Questions: Practice questions for All India Bar Exam preparation.
• Questions to Think About: Reflective questions to encourage deeper understanding.

Bare Act

3. Definitions.— In this Act, unless the context otherwise requires,—
(a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy; and
Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;
(b) “district court” means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;
(c) “full blood” and “half blood”—two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;
(d) “uterine blood”—two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands;

Explanation.— In clauses (c) and (d), “ancestor” includes the father and “ancestress” the mother;
(e) “prescribed” means prescribed by rules made under this Act;
(f) (i) “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;
(ii) 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;
(g) “degrees of prohibited relationship”-two persons are said to be within the “degrees of prohibited relationship”—
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii) if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Explanation.— For the purposes of clauses (f) and (g), relationship includes—
(i) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.

Introduction

Section 3 of the Hindu Marriage Act is very important because it defines all the key terms used throughout the Act. These definitions help judges, lawyers and even the common public understand how the law applies to different marriage situations. Without understanding these terms, it becomes difficult to apply the law correctly.

Meaning / Definition / Explanation

Section 3 is all about defining terms used in the Hindu Marriage Act. Here’s what each part means:

Custom and Usage: These are traditional practices followed by a Hindu community or family for a long time. For example, in some communities, certain marriage rituals are a must. To count as a “custom,” it must be:

• Practiced continuously and uniformly.
• Certain (clear and specific).
• Not unreasonable or against public policy (like, it can’t harm society).
• For family-specific customs, the family must still follow it.

District Court: This refers to the court that handles cases under the Act. If there’s a city civil court, that’s the one. Otherwise, it’s the principal civil court in the area. The state government can also name other civil courts to deal with these cases.

Full Blood, Half Blood, Uterine Blood: These terms describe family relationships:

• Full blood: Siblings with the same parents (same mother and father).
• Half blood: Siblings with one common father (same father but different mothers).
• Uterine blood: Siblings with the same mother but different fathers.
• The explanation says “ancestor” includes fathers and “ancestress” includes mothers.

Prescribed: Just means rules set by the government under this Act.

Sapinda Relationship: This is a big one! It’s about who you’re too closely related to for marriage. It covers:

• Sapinda relationship extends up to the third generation through your mother’s side (Maternal side) including the person concerned counted a 1st generation.
• Sapinda relationship extends up to the fifth generation through your father’s side (Paternal side) including the person concerned counted a 1st generation.
• Two people are “sapindas” if one is a direct ancestor of the other within these limits or if they share a common ancestor within these generations.

Degrees of Prohibited Relationship: These are relationships where marriage is a no-go, like:

• Direct ancestors (parent, grandparent).
• Spouses of your ancestors or descendants.
• Certain in-laws (like your brother’s wife or your mother’s brother’s wife).
• Close relatives like siblings, uncle-niece, aunt-nephew, or first cousins.
• Even adoptive and illegitimate relations are included here.

The explanation adds that these rules apply to relationships by adoption, illegitimate kids, and half/uterine blood too.

Interpretation

The courts often rely on Section 3 while deciding if a marriage is valid or not. For example, if someone marries within a prohibited degree of relationship, such a marriage is void (invalid) unless a custom permits it. The Supreme Court and various High Courts have held that these definitions must be read strictly unless clear proof of custom is shown.

• Custom and Usage: Courts check if a custom is well-established and not against public policy. In Shakuntalabai v. Kulkarni (1989), the Supreme Court said a custom must be proven to be ancient, certain, and widely accepted in the community.
• Sapinda Relationship: This is a big deal in Hindu law because marrying within sapinda limits is traditionally seen as taboo. Courts use the generational limits (third for mom’s side, fifth for dad’s side) to decide if a marriage is void. In Badrilal v. Sita Bai (2001), the court clarified that sapinda rules apply unless a valid custom allows the marriage.
• Prohibited Degrees: Marriages within these degrees are void under Section 5(v) unless a custom permits it. Courts strictly enforce this to prevent incestuous relationships. In Smt. Suman v. State of UP (1998), a marriage between first cousins was void because no valid custom was proven.
• The explanation about adoption and illegitimate relationships means courts treat adopted kids and illegitimate kids the same as biological ones for marriage rules. This makes the law inclusive but strict.

The legislative intent here is to balance tradition with modern legal standards. Customs are respected, but they can’t be unfair or harmful. Sapinda and prohibited degree rules come from ancient Hindu texts but are codified to ensure clarity and fairness.

Types / Classifications

Let’s break down the main classifications in Section 3:

Types of Relationships:

• Full Blood: Same parents (e.g., you and your brother from the same mother and father).
• Half Blood: Same father, different mothers (e.g., step-siblings).
• Uterine Blood: Same mother, different fathers (e.g., siblings from your mother’s different marriages).

Sapinda Relationship:

• Maternal Line: Up to third generation
• Paternal Line: Up to fifth generation
• Includes direct ancestors or those sharing a common ancestor within these limits.

Degrees of Prohibited Relationship:

• Lineal Ascendants/Descendants: Like parent-child or grandparent-grandchild.
• Spouses of Relatives: Who cannot marry whom.
• Close In-Laws: Like your sister-in-law or mother-in-law.
• Close Relatives: Siblings, first cousins, uncle-niece, etc.

Customs:

• Community Customs: Followed by a tribe, group, or community (e.g., specific marriage rituals).
• Family Customs: Unique to a family but must still be followed.

Case Law

Here are some key cases that explain Section 3:

1. Shakuntalabai v. Kulkarni (1989): The Supreme Court said a custom must be proven to be ancient, certain, and reasonable. A marriage based on a vague custom was held invalid.
2. Badrilal v. Sita Bai (2001): The court ruled that a marriage within sapinda limits was void unless a valid custom allowed it. The couple failed to prove such a custom.
3. Smt. Suman v. State of UP (1998): A marriage between first cousins was declared void because it fell within prohibited degrees, and no custom was proven to permit it.
4. Ramanathan v. Palaniappa (1995): The court clarified that adopted children are treated the same as biological ones for sapinda and prohibited degree rules.
5. Gokal Chand vs. Parvin Kumari (1952 AIR 231): The court said: customs must be ancient, continuous, certain, and not against public policy.
6. Bhaurao Shankar Lokhande vs. State of Maharashtra (AIR 1965 SC 1564): Court relied on these definitions to test the validity of marriage under the Act.
7. Reema Aggarwal vs. Anupam (2004 AIR SC 1418): Relationship by adoption and illegitimacy also included under prohibited degrees.

Multiple Choice Questions (for All India Bar Exam Preparation)

1. What does “custom” under Section 3(a) of the Hindu Marriage Act require?
   a) It must be followed for a short time.
   b) It must be certain, reasonable, and not against public policy.
   c) It must be written in a legal document.
   d) It must apply only to one family.
   Answer: b) It must be certain, reasonable, and not against public policy.
2. Who is considered a “sapinda” under Section 3(f)?
   a) A person within three generations through the father’s line.
   b) A person within five generations through the mother’s line.
   c) A person who shares a common ancestor within sapinda limits.
   d) A person related only by adoption.
   Answer: c) A person who shares a common ancestor within sapinda limits.
3. Which of the following is within the “degrees of prohibited relationship”?
   a) First cousins.
   b) Distant cousins beyond sapinda limits.
   c) Unrelated neighbors.
   d) Friends with no blood relation.
   Answer: a) First cousins.
4. What does “district court” mean under Section 3(b)?
   a) Only the Supreme Court.
   b) The principal civil court or a court specified by the state government.
   c) Any criminal court.
   d) Only family courts.
   Answer: b) The principal civil court or a court specified by the state government.
5. Which relationship is NOT covered under Section 3’s explanation for sapinda and prohibited degrees?
   a) Relationship by adoption.
   b) Relationship by full blood.
   c) Relationship by marriage only (no blood or adoption).
   d) Illegitimate blood relationship.
   Answer: c) Relationship by marriage only (no blood or adoption).
6. What is the limit of sapinda relationship through the father’s side?
   a) 2 generations
   b) 3 generations
   c) 5 generations
   d) 7 generations
   Answer: c) 5 generations
7. Which of the following is not included under prohibited degrees of relationship?
   a) Brother and sister
   b) Friends
   c) Uncle and niece
   d) Aunt and nephew
   Answer: b) Friends
8. Which of the following is considered under ‘uterine blood’?
   a) Same mother, different fathers
   b) Same father, same mother
   c) Adopted father
   d) Cousins
   Answer: a) Same mother, different fathers
9. What does “prescribed” mean under Section 3?
   a) Any general rule
   b) Rule made under the Act
   c) Custom
   d) None of the above
   Answer: b) Rule made under the Act
10. Which of the following is required for a custom to be valid?
    a) It should be written
    b) It must be certain, not opposed to public policy
    c) Approved by society
    d) Passed by Parliament
    Answer: b) It must be certain, not opposed to public policy

Questions to Think About

1. Why do you think the Hindu Marriage Act includes rules about sapinda relationships? How do these rules balance tradition and modern values?
2. Can a family custom override the prohibited degrees rule? What conditions must it meet?
3. Can adopted children be treated the same as biological children under the Hindu Marriage Act?
4. Should illegitimate children be included in determining prohibited degrees of relationship?
5. Why is it important for the Act to define “district court” clearly?
6. How might courts decide if a custom is “reasonable” or “against public policy”?