Prohibited Degrees of Marriage according to Special Marriage

Under Section 4 of the Special Marriage Act, 1954, a marriage is not valid if it falls within the degrees of prohibited relationships. The degrees of prohibited relationships include:

1. Lineal Ascendants and Descendants:

• Mother and son

• Father and daughter

• Grandmother and grandson

• Grandfather and granddaughter

2. Siblings and Half-Siblings:

• Brother and sister

• Half-brother and half-sister

3. Uncles, Aunts, Nephews, and Nieces:

• Uncle and niece

• Aunt and nephew

4. Children of Siblings:

• Children of a brother and sister

• Children of two brothers

• Children of two sisters
Specific List of Prohibited Relationships

The act includes a comprehensive list of prohibited relationships, which can be summarized as follows:

• Any lineal ascendant or descendant

• Sibling (full or half)

• Sibling’s child (e.g., niece/nephew)

• Parent’s sibling (e.g., uncle/aunt)

• Child’s sibling (e.g., sibling’s child, grandchild)

ExceptionsThe act provides an exception where a marriage between prohibited degrees of relationship is allowed if the custom governing at least one of the parties permits such a marriage. This is specified in Section 4(d) of the Act.Legal ConsequencesMarriages solemnized in violation of these prohibitions are considered void. Additionally, knowingly entering into such a prohibited marriage can lead to legal consequences, including penalties.
PurposeThe prohibition of marriage within these degrees of relationships serves to:• Prevent genetic disorders due to close inbreeding.• Maintain social norms and ethical standards.• Avoid complications in family structure and inheritance.The Special Marriage Act aims to ensure that marriages are conducted with a clear understanding of the relationships between parties, safeguarding against unions that might disrupt social and familial harmony.