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Sapinda relationship:
cousin marriage in Indian law.

Can you marry your cousin in India? Under the Hindu Marriage Act, usually not, unless your community has an established custom that allows it. Here's what "sapinda" and "prohibited degrees" actually mean, in plain English.

The short answer

  • Sapinda = relatives within five generations on the father's side and three on the mother's, counting yourself as the first (Section 3(f)).
  • Section 5 of the Hindu Marriage Act bars marriage between sapindas and within the "degrees of prohibited relationship," which include first cousins.
  • The exception: a long-established custom governing both families can allow it, as with cross-cousin marriage in parts of South India.
  • Gotra is not part of the law. Same-gotra marriage is legal; marrying a sapinda usually isn't.

Who counts as a sapinda?

The Hindu Marriage Act 1955 defines it in Section 3(f). Count upward from yourself, with you as generation one:

  • Through your father: five generations (you, your father, grandfather, great-grandfather, great-great-grandfather).
  • Through your mother: three generations (you, your mother, her parents).

Two people are sapindas if one is a direct ancestor of the other within those limits, or if they share an ancestor who falls within the limits for both of them. In practice: anyone who shares a grandparent with you through your mother, or a great-great-grandparent with you through your father, is likely your sapinda.

The degrees of prohibited relationship

Separately, Section 3(g) lists specific relationships that can't marry, including:

  • direct ancestors and descendants, and their spouses;
  • brother and sister, uncle and niece, aunt and nephew;
  • the children of a brother and sister, of two brothers or of two sisters, meaning all first cousins, on either side.

That last line covers both "parallel" cousins (your father's brother's or mother's sister's children) and "cross" cousins (your mama's or bua's children).

What Section 5 says

Section 5 lists the conditions for a valid Hindu marriage. Two of them are about relatives:

  • 5(iv): the two must not be within the degrees of prohibited relationship, unless a custom or usage governing each of them permits it.
  • 5(v): the two must not be sapindas of each other, unless a custom or usage governing each of them permits it.

A marriage that breaks either rule is void under Section 11, as if it never happened. Section 18 also makes it punishable with simple imprisonment of up to one month, a fine of up to one thousand rupees, or both.

The custom exception

The Act recognises that some communities have married cousins for generations. Cross-cousin marriage, such as marrying your mother's brother's daughter, is a long-standing custom in parts of South India and among some other communities. Where such a custom governs both families, the marriage is valid.

The custom has to be real: the Act defines it as a rule observed continuously and uniformly for a long time, certain, reasonable and not against public policy. Courts ask for proof. In January 2024 the Delhi High Court upheld the sapinda prohibition and said a custom claimed to get around it must be strictly proven.

Is same-gotra marriage legal?

Yes. Gotra isn't mentioned anywhere in the Act. Two people of the same gotra can legally marry as long as they aren't sapindas or within the prohibited degrees. Families may still avoid it by custom, and that's a personal choice. See the gotra list.

Other laws in India

  • Muslim personal law permits marriage between first cousins, and it is common in many Muslim communities in India and Pakistan.
  • The Special Marriage Act 1954, used for civil and inter-faith marriages, has its own list of prohibited relationships that includes first cousins on both sides. It allows an exception only where a custom governing at least one partner permits the marriage, and that custom must be recognised by a state government notification.
  • Christian and Parsi marriages follow their own laws, each with its own list of close relatives who can't marry.

Legal is one question. Genetics is another.

Whatever the law allows, related couples have a higher chance of both carrying the same hidden recessive condition, like thalassemia. Children of first cousins face roughly 5 to 6% risk of a serious birth defect, compared with about 3% for unrelated parents. What the science says about cousin marriage, and how a carrier check answers the question for your couple.

This is general information, not legal advice. For your situation, talk to a family lawyer.

Sources

  1. Hindu Marriage Act, 1955 (India Code)
  2. Delhi High Court upholds sapinda marriage prohibition (LiveLaw, January 2024)
  3. Special Marriage Act, 1954 (India Code)
  4. Rajya Sabha debate on the Hindu Marriage Bill, 13 December 1954
  5. Bittles AH, Black ML. Consanguinity, human evolution, and complex diseases. PNAS (2010)

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Questions people ask.

What is a sapinda relationship?

Under Section 3(f) of the Hindu Marriage Act 1955, two people are sapindas if they share an ancestor within five generations through the father or three generations through the mother, counting the person as the first generation, or if one is the other's ancestor within those limits.

Can you marry your cousin in India?

Under the Hindu Marriage Act, first cousins are within the degrees of prohibited relationship, so they can't marry unless an established custom governing both families permits it. Muslim personal law allows first-cousin marriage. The Special Marriage Act prohibits it unless a government-recognised custom allows it.

Can I marry my mama's daughter?

Your maternal uncle's daughter is your first cousin, which the Hindu Marriage Act prohibits unless a custom governing both families permits it. Such customs exist in parts of South India and among some other communities, and courts expect them to be proven.

What is the punishment for sapinda marriage?

A marriage between sapindas or within the prohibited degrees, without a valid custom, is void under Section 11. Section 18 also provides for simple imprisonment of up to one month, a fine of up to one thousand rupees, or both.

Is same-gotra marriage illegal in India?

No. The Hindu Marriage Act does not mention gotra. Same-gotra marriage is legal as long as the couple are not sapindas or within the prohibited degrees.

What is Section 5 of the Hindu Marriage Act?

Section 5 lists the conditions for a valid Hindu marriage, including that neither partner has a living spouse, both are of legal age and sound mind, and that they are not within the degrees of prohibited relationship or sapindas of each other unless custom permits.