Hindu Marriage Act, 1955 | Section 3

Section 3 Hindu Marriage Act 1955 - Definitions Explained

Section 3 defines key expressions used throughout the Hindu Marriage Act, 1955, including custom, usage, district court, sapinda relationship and degrees of prohibited relationship. These definitions are important when deciding whether a Hindu marriage satisfies the statutory conditions.

Legal context: Section 3 must be read together with Section 5, particularly clauses (iv) and (v), which address prohibited relationships and sapinda relationships, subject to applicable custom or usage.

Definitions under Section 3 of the Hindu Marriage Act

Section 3(a) - Custom and usage

A rule continuously and uniformly observed for a long time may acquire the force of law among Hindus in a local area, tribe, community, group or family. It must be certain, reasonable and consistent with public policy. A family-specific custom must not have been discontinued.

Section 3(b) - District court

In an area with a city civil court, the expression means that court. Elsewhere, it means the principal civil court of original jurisdiction. It also includes another civil court notified by the State Government as having jurisdiction over matters under the Act.

Section 3(c) - Full blood and half blood

Two persons are related by full blood when descended from a common ancestor by the same wife; by half blood when descended from a common ancestor by different wives.

Section 3(d) - Uterine blood

Two persons are related by uterine blood when descended from a common ancestress by different husbands. For clauses (c) and (d), ancestor includes father and ancestress includes mother.

Section 3(e) - Prescribed

Prescribed means prescribed by rules made under the Hindu Marriage Act, 1955.

Section 3(f) - Sapinda relationship

Under section 3(f)(i), sapinda relationship extends through the mother up to the third generation inclusive and through the father up to the fifth generation inclusive. Count the person concerned as the first generation. Under section 3(f)(ii), persons are sapindas if one is a lineal ascendant of the other within these limits or they share a lineal ascendant within the applicable limits for each.

Section 3(g) - Degrees of prohibited relationship

The definition covers specified close family relationships, including lineal ascendants, certain relationships through a former spouse, siblings, uncle and niece, aunt and nephew, and specified first-cousin relationships. The precise statutory categories appear below.

Text of Section 3 - Hindu Marriage Act, 1955

The following reproduces the substantive wording of Section 3, organized into readable paragraphs.

Section 3 - Definitions (statutory text)

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;

(f)(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" -

if one is a lineal ascendant of the other; or
if one was the wife or husband of a lineal ascendant or descendant of the other; or
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
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.

Why these definitions matter

Custom and usage: The Act recognizes qualifying customs in specified circumstances. Mere family preference or an isolated practice does not automatically amount to a legally recognized custom.

Sapinda and prohibited relationships: Section 5(iv) and 5(v) generally prohibit marriages within the specified relationships unless a custom or usage governing each party permits the marriage. The definition in Section 3 supplies the relationship tests.

Family relationships: For the purposes of clauses (f) and (g), the Act expressly includes relationships through full, half and uterine blood, relationships outside marriage and relationships by adoption.

Jurisdiction: The definition of district court helps identify courts empowered to hear matrimonial proceedings, subject to the Act's jurisdiction provisions, including Section 19.

Official legal resources

For a particular dispute, check the current consolidated Act, applicable State rules and relevant judicial decisions.