Sapinda Relationship under Hindu Laws.

  

Q. 3. What do you understand by the term 'Sapinda'? What changes have been brought about by the Hindu Marriage Act, 1955 in Sapinda relationship? How does Sapinda relationship between the parties affect a marriage under the Act?

Or

Define Sapinda relationship. Point out the changes brought about by the Hindu Marriage Act, 1955 with respect to the Sapinda relationship. What is the effect of Sapinda relationship on the validity of a Hindu marriage?

Or

What is Sapinda relationship? Does the Hindu Marriage Act, 1955 make any change in the previous law at this point? Mention. Discuss also the effect of Sapinda relationship upon marriage under the Act.

 

Ans. Old Hindu Law on 'Sapindaship'.- The word sapinda means of "the same pinda" or having a common 'pinda'. A pinda' means 'particles of body'.

The word 'sapindaship' is used in two senses. In one sense it means connection by pinda, the funeral oblations, in other words, it means relation by particles of one body. The staunch supporter of the first view is Jimutavahan, the author of Dayabhaga, and of the other, Vijnaneshwar, the author of Mitakshara.

 

(a) Dayabhaga Law on Sapinda relationship. According to Dayabhaga law, 'Sapinda' means the same pinda. "The Pinda" means cooked rice-ball presented to the manes of ancestors at the shradha ceremony. A Hindu male is bound to offer pinda (funeral cake) to six immediate paternal ancestors and three immediate maternal ancestors. That is, he is bound to give pinda to his father,

 

father's father,

father's father's father,

father's father's father's father,

father's father's father's father's father,

father's father's father's father's father's father; and

mother's father,

mother's father's father, and mother's father's father's father.

 

One who is bound to offer pinda, and the other who receives it are "sapindas" of each other. Thus sapinda relationship extends up to seventh-degree on the paternal side and five-degree on the maternal side. In counting the degree the giver of the pinda is counted as a first degree. Thus on the paternal side sapindas are the father, father's father (F2), F3, F4, F5, and F6, and on the maternal side, the mother, the mother's father (MF 2, MF2 and MF3.

Sapinda relationship, according to Dayabhaga law means persons related through pinda, that is, the funeral oblations of food.

 

(b) Mitakshara Law on Sapinda relationship.-According to Mitakshara, "pinda" means body, and spindaship is the connection of a person through the particles of the same body. Vijnaneshwar (Mitakshara) commenting on Yajnavalkya I-52 says.

 

(Sapindaship means one connected through the particles of the same body). Thus the son is the sapinda of his father because particles of his father's body have entered into his just so he is a sapinda of his mother because particles of his mother's body have entered into his. In like manner stands the grandson in sapinda relationship to his grandfather, and the rest, because, through his father, particles of his grandfather's body have entered into his own. The husband and the wife become sapindas of each other because a text of the revelation says that the marriage sanskara unites them "bones with bones, flesh with flesh and skin with skin."

Mitakshara says that wherever the term "sapinda" is used there exists between the persons to whom it is applied in connection with one body, "either immediately or by descent". But that relationship of all persons may, in one way or the other, be traced with all other persons in the world, so it is ordained:

"It extends five-degree on the mother's side and seven degrees on the father's  side."

Hence although the word "sapinda" by its etymological import applies to all relations yet it is restricted to six ascendants beginning with the father are sapindas, the man himself being seventh. Likewise, on the mother's side, sapindaship is restricted to five degrees inclusive of the man himself.

 

Modern Hindu Law on Sapindaship

The Hindu Marriage Act has defined sapinda relationship under Section S 3 (f) of the Hindu Marriage Act, 1955 as follows:

(1) 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 if they have a common lineal ascendant who is within the limits sapinda relationship with reference to each of them.

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.

The sapinda relationship extends as far as the third generation on mother's side and upto the fifth generation on the father's side.

 

The Hindu Marriage Act does not define "sapindaship" but only provides who are sapindas. Clause (f) (i) of Section 3 of the Act does not distinguish between Mitakshara and Dayabhaga schools, it abolishes that distinction and adopts a uniform rule which restricts the "sapinda  relationship" to three degrees in the line of ascent through the mother and five degrees in the line of ascent through the father.

 

There are two categories of sapindas:

(i) a lineal descendant within limits of sapindaship, and

(ii) persons having common lineal ascendant within those limits.

The Act has made the calculation of sapinda-relationship easy. At first, the common ancestor should be found. Then it should be seen whether the relationship between the two would-be spouses is through the father or mother. If it is through the mother, the common ancestor should be within three degrees of the boy or the girl and the common ancestor being each counted as one degree. If the relationship is to be traced through the father, then it is to be within five degrees by a similar calculation.

The Hindu Marriage Act provides that marriage between persons who are sapindas of each other is prohibited. The marriage in contravention of Section 5 (v) of the Hindu Marriage Act will be void. The person contravening the provision will also be liable to simple imprisonment extending to one month or to a fine of one thousand rupees or both under Section 18 (b) of the Hindu Marriage Act, 1955.

 

But if the custom or usage governing each of the parties permits such marriage between the two, the marriage shall be valid and the parties will not be punishable under Section 18 (b) of the Act. If the custom of only one party allows such a marriage, it shall nevertheless be void and parties will be punishable under Section 18 (b).

 

A man cannot marry his maternal sister, because they are sapindas of each other (within three degrees on the mother's side). But such a marriage is valid amongst the Nambudripad Brahmins of Kerala because there it is allowed by custom.

 

References:-

 

Family law---Paras Diwan

Family law—S.R. Myneni

https://www.iilsindia.com/study-material/880413_1617519779.docx

https://legislative.gov.in/sites/default/files/A2007-06.pdf

https://www.slideshare.net/RashmiDubey21/hindu-marriage-act1955

https://www.indianemployees.com/acts-rules/details/hindu-marriage-act-1955

http://www.legalservicesindia.com/article/558/Salient-features-of-the-Hindu-Marriage[1]Act,-1955.html.

http://www.legalservicesindia.com/article/558/Salient-features-of-the-Hindu-Marriage[1]Act,-1955. html

https://www.iilsindia.com/study-material/880413_1617519779.docx