Hindu Marriage Act, 1955
1. 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.