Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Neetu Grover v. Union of India & Ors., has upheld the validity of Section 5(v) of the Hindu Marriage Act, 1955 (HMA).

What was the Background of Neetu Grover v. Union of India & Ors. Case?

• In this case, the marriage between the petitioner and her distant cousin Mr. Gagan Grover was solemnized with the mutual consent of the families and by conducting the religious ceremony in the presence of members of civil society.
• Mr. Gagan Grover has succeeded in having the marriage declared null and void by seeking a declaration from a competent Court under Section 5(v) of the HMA.
• He stated that the Petitioner has become a victim of a fraud perpetuated by Mr. Gagan Grover and his family members who induced her to believe in the validity of their marriage.
• Aggrieved by the judgment of the competent Court, the Petitioner filed an appeal before the Division Bench of Delhi High Court which was later dismissed.
• Thereafter, the Petitioner filed a writ petition for striking down Section 5 (v) of HMA.
• The High Court disposed of the writ petition.

What were the Court’s Observations?

• A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora upheld the validity of Section 5(v) of the HMA which states that no marriage can be solemnized between parties who are related to each other as sapindas, unless it is sanctioned by usage or custom governing them.
• The Court also states that there is no merit in the challenge to Section 5(v) of the HMA in the present writ petition.

What are the Relevant Legal Provisions Involved in it?

Section 5 of HMA

• This section deals with the conditions for a Hindu marriage.
• It states that a marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: —

(i) Neither party has a spouse living at the time of the marriage.

(ii) At the time of the marriage, neither party—

(a) Is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) Though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) Has been subject to recurrent attacks of insanity.

(iii) The bridegroom has completed the age of twenty-one years and the bride, the age of eighteen 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 a marriage between the two.

Sapinda Relationship

• The word Sapinda came from the word Pinda which means a ball of rice offered at a sraddha ceremony to deceased ancestors.
  • According to Hindu law, when two persons offer Pinda to the same ancestor it is known as Sapinda relation. These relations are connected to each other with the same blood.
• Section 3(f) of HMA defines Sapinda Relationship as

(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.

• According to Sections 5(v) and 11 of HMA, if any person marries within the sapinda relation such a marriage is considered void.