Section 3: Definitions

Hindu Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1955

Legal Commentary & Landmark Judgments: Section 3

Section 3 provides foundational statutory definitions governing matrimonial validity, establishing strict legal tests for customs and usages, and defining the physiological boundaries of sapinda relationships and prohibited degrees of marriage.

  • Essential Attributes of Custom & Usage: Requires that any custom or usage modifying statutory rules must have been observed continuously and uniformly for a long time, must not be unreasonable or opposed to public policy, and if family-specific, must not have been discontinued.
  • Consanguinity Categories: Defines 'full blood' (common ancestors by same wife), 'half blood' (common ancestors by different wives), and 'uterine blood' (common ancestress by different husbands).
  • Sapinda Relationship Limits: Extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth generation (inclusive) in the line of ascent through the father, traced upward from the person concerned.
  • Degrees of Prohibited Relationship: Bars marriage between lineal ascendants/descendants, spouses of lineal ascendants/descendants, brother-sister, uncle-niece, aunt-nephew, or children of brother and sister, unless saved by valid custom.
Key Landmark Precedents:
  • Harihar Prasad v. Balmiki Prasad (1975) 1 SCC 212: The Supreme Court ruled that a custom must be established by clear, unambiguous, and ancient evidence showing continuous and unbroken practice; vague assertions of family custom cannot override statutory personal law.
  • Shakuntala Devi v. Nilkanth AIR 1994 Bom 211: Held that where a marriage is challenged on the ground of prohibited degrees or sapinda relationship, the party setting up a protective custom under Section 5(iv) and 5(v) bears the heavy burden of establishing custom that is ancient, certain, and reasonable.
Courtroom Practice & Strategic Litigation Guidance:

In nullity petitions under Section 11 premised on sapinda violation, prepare a precise genealogical pedigree chart (shajra) demonstrating the exact ancestral ascending lines. If defending the marriage, specifically plead ancient local or community custom with instances of similar valid marriages in the biradari.