Prohibited Degrees of Relationship and Sapinda Rules Explained
The Hindu Marriage Act bars marriage between persons within the 'degrees of prohibited relationship' (close relatives such as siblings, uncle and niece, aunt and nephew, first cousins and certain in-laws) and between 'sapindas' (relatives within three generations on the mother's side and five on the father's side). Such marriages are void unless a valid custom governing both parties permits them. The Delhi High Court upheld the sapinda rule in 2024.
- Prohibited degrees
- Section 3(g): close blood and marital relationships
- Sapinda
- Section 3(f): 3 generations (mother's side), 5 (father's side)
- Effect
- Void under Section 11, unless custom permits
- Custom
- Must govern both parties and be proved
- Delhi High Court, 2024
- Upheld the sapinda restriction in Section 5(v)
Every marriage law draws lines around close relatives. The Hindu Marriage Act does this with two related concepts: the degrees of prohibited relationship and the sapinda rule. These are often confused with each other and with gotra. This guide explains both in plain language.
Two separate rules
| Rule | Where | What it covers |
|---|---|---|
| Prohibited degrees | Section 3(g), Section 5(iv) | Specific close relationships by blood, marriage or adoption |
| Sapinda | Section 3(f), Section 5(v) | Relatives within a set number of generations through a common ancestor |
A marriage in breach of either is void under Section 11, unless a custom or usage governing both parties permits it.
Prohibited degrees: who you cannot marry
Under Section 3(g), two persons are within the degrees of prohibited relationship if:
- one is a lineal ascendant of the other (for example, parent and child, grandparent and grandchild);
- one was the wife or husband of a lineal ascendant or descendant of the other (for example, step-parent and step-child, or father-in-law and daughter-in-law);
- 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;
- 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.
Relationships include those by full blood, half blood, uterine blood and adoption, and illegitimate as well as legitimate relationships.
So, under the general rule, first cousins of every kind, whether children of two brothers, two sisters, or a brother and sister, are within the prohibited degrees.
Sapinda: counting generations
Under Section 3(f), sapinda relationship extends:
- three generations in the line of ascent through the mother; and
- five generations in the line of ascent through the father;
counting upwards from the person concerned, who is the first generation.
Two persons are sapindas if one is a lineal ascendant of the other within these limits, or if they have a common lineal ascendant who is within the limits for each of them.
A simple example
| Generation (father’s line) | Person |
|---|---|
| 1 | You |
| 2 | Your father |
| 3 | Your grandfather |
| 4 | Your great-grandfather |
| 5 | Your great-great-grandfather |
If you and your partner share a great-great-grandfather in your father’s line, and he is within the limit for both of you, you are sapindas.
Custom
Both rules can be overridden by a custom or usage governing both parties that permits the marriage. To be recognised, a custom must be:
- ancient and continuously observed;
- certain;
- reasonable;
- not opposed to public policy.
It must be proved. Some communities, notably in parts of south India, have recognised customs permitting certain cousin or uncle-niece marriages. If you rely on a custom, take legal advice.
The Delhi High Court in 2024
In 2024, the Delhi High Court rejected a constitutional challenge to Section 5(v), holding that the sapinda restriction is valid and that a custom permitting such a marriage must be strictly proved.
The Special Marriage Act
The Special Marriage Act prohibits marriage between parties within the degrees of prohibited relationship listed in its First Schedule, subject to a custom governing at least one of the parties that permits it. Inter-faith couples should check the schedule if they are related.
Gotra is different
A shared gotra is not a legal bar. Many same-gotra couples have no relationship within the prohibited degrees or sapinda limits. See same-gotra marriage.
Registration
At registration, both spouses declare in their affidavits that they are not within the prohibited degrees or sapindas of each other (unless custom permits). A false declaration is an offence. If you are unsure, take advice before registering.
A quick decision guide
| Question | If yes |
|---|---|
| Is one of you a direct ancestor or descendant of the other? | Prohibited |
| Was one of you married to the other’s parent, grandparent, child or grandchild? | Prohibited |
| Are you siblings, half-siblings or step-siblings by adoption? | Prohibited |
| Are you uncle and niece, or aunt and nephew? | Prohibited |
| Are you first cousins of any kind? | Prohibited |
| Do you share an ancestor within 3 generations on the mother’s side or 5 on the father’s? | Sapindas |
| Does a proved custom governing both of you permit it? | Then the bar may not apply |
If the answer to the first six is “no”, these rules do not bar your marriage under the Hindu Marriage Act.
Why these rules exist
The rules reflect long-standing social and religious norms against marriages between close relatives, and concerns about family relationships and genetic health. Parliament retained them in 1955, while allowing communities with established customs to continue their practices. Courts have upheld them while requiring strict proof of any custom.
Adoption and step-relationships
The definitions expressly include relationships by adoption, half blood and uterine blood. An adopted child is within the prohibited degrees with the adoptive family as if born into it. Step-relationships created by marriage are also covered where they fall within the listed relationships.
Common misconceptions
- “Gotra and sapinda are the same.” They are not.
- “Second cousins can never marry.” It depends on the generations and the line.
- “Custom can be claimed casually.” It must be proved.
- “Registration validates a prohibited marriage.” It does not.
Worked example: first cousins
Ankit and Neha are children of two brothers. They are within the prohibited degrees. Unless a custom governing both permits it, their marriage would be void.
Worked example: distant relatives
Rahul and Priya discover that their common ancestor is Rahul’s great-great-great-grandfather in the father’s line, the sixth generation for Rahul. That is outside the five-generation sapinda limit for him, and they are not within the prohibited degrees, so the rules do not bar their marriage.
Before you register
If you and your partner are related in any way, write down the relationship through both parents’ lines before applying. If any step falls within the table above, do not sign an affidavit stating that you are not within the prohibited degrees or sapindas until you have taken advice. A false declaration is an offence, and a void marriage cannot be fixed by registration.
Key terms explained
- Lineal ascendant: a direct ancestor, such as a parent or grandparent.
- Prohibited degrees: the close relationships listed in Section 3(g).
- Sapinda: a relative within the generations defined in Section 3(f).
- Custom: a long-established community rule recognised by law if proved.
One-line takeaway
Close relatives within the prohibited degrees or sapinda limits cannot marry under the Hindu Marriage Act unless a proved custom allows it; gotra alone is not a bar.
Unsure about a relationship?
WedProof connects you with empanelled advocates to check prohibited-degree and sapinda questions before you marry or register. Use the form on this page for a confidential free check.
Frequently asked questions
What are the prohibited degrees of relationship?
Close relationships within which marriage is barred, such as lineal ascendants and descendants, siblings, uncle and niece, aunt and nephew, children of siblings, and certain in-laws.
Can first cousins marry under Hindu law?
Generally no, because first cousins are within the prohibited degrees, unless a custom governing both permits it.
What is a sapinda relationship?
A relationship where one is a lineal ascendant of the other within the sapinda limit, or both have a common lineal ascendant within that limit: three generations through the mother, five through the father.
How do I count generations?
Count upwards from the person concerned, who is the first generation.
Can custom permit such marriages?
Yes, if a custom or usage governing both parties permits it and it is proved to be ancient, certain, reasonable and not against public policy.
Are such marriages void?
Yes, under Section 11, if no custom permits them.
Did a court recently uphold the sapinda rule?
Yes. The Delhi High Court in 2024 rejected a challenge to Section 5(v).
Does the Special Marriage Act have similar rules?
Yes. It prohibits marriage within the degrees listed in its schedule, subject to custom.
Is same gotra the same as sapinda?
No. Gotra is a lineage tradition; sapinda is a defined close relationship.
Can relatives by adoption be within prohibited degrees?
Yes. The definitions include relationships by adoption as well as by blood.
Can a widow marry her late husband's brother?
Marriage with a brother's widow is listed within the prohibited degrees for the brother, unless a custom governing both permits it.
Can step-siblings marry?
It depends on whether they are related by blood or adoption within the listed degrees; take advice.
Is marriage with a deceased wife's sister prohibited?
No. A wife's sister is not within the degrees listed in Section 3(g), so the Act does not bar the marriage after the wife's death, provided the other conditions are met.