Question

Mohan gets married to his sister's daughter Kriti

• A. The marriage is valid if the custom allows it
• B. The marriage is void
• C. The marriage is valid only if the Court approves it
• D. The marriage is valid only the Panchayat permits

Hint:

For questions on marriage conditions under the Hindu Marriage Act (Section 5), remember the two main relationship bars: Sapinda relationship (Section 5(v)) and Prohibited relationship (Section 5(iv)). Both have an explicit exception for established customs.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question presents a scenario of a man marrying his sister's daughter and asks about its validity under the Hindu Marriage Act, 1955. This relationship falls within the prohibited degrees of relationship.

Step 2: Detailed Explanation:
The relationship between a man and his sister's daughter is a prohibited relationship under Hindu law. Section 3(g) of the Hindu Marriage Act, 1955, defines "degrees of prohibited relationship." This includes relationships like a man and his brother's wife, or his wife's sister, and importantly, his sister's daughter.
Section 5(iv) of the Act states a condition for a valid Hindu 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".
This creates a general bar on such marriages. A marriage solemnized within the prohibited degrees is void under Section 11 of the Act.
However, the section itself provides a crucial exception: "unless the custom or usage governing each of them permits...". In many communities in South India, for instance, there is a long-standing and well-established custom that allows a man to marry his sister's daughter. If such a custom can be proven to be valid (ancient, certain, and not opposed to public policy), the marriage would be considered valid despite being within the prohibited degrees.
- Option (B) is incorrect because it ignores the exception for custom.
- Options (C) and (D) are incorrect because the validity depends on established custom, not on the ad-hoc approval of a Court or Panchayat.

Step 3: Final Answer:
The marriage between a man and his sister's daughter, though within the prohibited degrees, is valid if a governing custom allows for it.