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Sapinda Relationship
Sapindas is a term used in context of cousin marriages in Hinduism. The subject is to be counted as first generation, and the common ancestor defining Sapindas limit is to be within Sapindas limit. The theory of Sapinda marriage is based on exogamy. The Dharmashastra considered sex relationship with one’s mother, or one’s sister or one’s daughter or with one’s son’s wife is highest sin in Hindu religion.In an ancient Hindu law, two theories of Sapinda relationship were take : a) oblation theory and b) particles of the same body theory. Hindu Marriage Act, 1955, section 3 on definition defines Sapindas in sub- section (f) as follows:
- "Sapindas relationship with reference to any person extends as far as the third generation (inclusive) in the line of mother, and the fifth generation (inclusive) in the line of assent through the father, the line being traced upward 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 ascendant of the other within the limits of Sapindas relationship, or if they have common lineal ascendant who is within the limits of Sapindas relationship, or they have a common lineal ascendant who is within the limits of Sapindas relationship with reference to each of them.
However Manu Smriti explains (spinda) in Adhyay 5, Mantra 60 which states
"Sapindata tu purushe saptame vinivartate
Samanodakbhavvastu janamnamnorvedne"
This has been explained as Sapindas relationship and at seventh generation and absence of knowledge of birth and name of lineal descendant of seventh generation cannot be considered as Sapindas. Therefore, Hindu Marriage Act, 1955 restrict definition of Sapindas only up to third generation of mother and fifth generation of father, which is more practical approach as knowledge up to third generation of bride and fifth generation of bride and fifth generation of bride and fifth generation of bridegroom can be easily ascertainable.
For example, if the bride is the offspring of any person within five generations (inclusive) on the groom’s father’s side and three generation on the groom’s mother’s side or vice versa, they will be referred to as “Sapindas’ of each other. In these case the Hindu marriage act of 1955 bars marriage between two Hindus of this nature.
Conditions of Hindu marriage Act: Section 5 of the Hindu Marriage act of 1955 laid down conditions of Hindu marriage. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-
- Neither party has a spouse living at the time of marriage.
- Neither party should be insane or a lunatic at time of marriage
- The bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of marriage.
- 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;
- The parties are not Sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two
Out of the five above conditions, this post 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.
Refrences:
- Hindu Law, By Paras Diwan
- The Spirit of Hindu Law, Donald R. Davis
- Mulla Hindu Law, Satyajeet A. Desai
- The laws of Manu
