Section 3 HMA: Definitions

Hindu Marriage Act, 1955

Section 3 HMA at a Glance

Section 3 HMA defines key terms used across the Hindu Marriage Act, 1955. These definitions cover custom and usage, district court, full, half, and uterine blood, prescribed rules, sapinda relationship, and degrees of prohibited relationship.

Section 3 HMA Bare Act Text

3. Definitions.

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;

(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”—

(i) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or

(iii) 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

(iv) 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.

Section 3 HMA in Simple Words

Section 3 HMA defines core terms for the Hindu Marriage Act, 1955, and each definition applies throughout the Act unless the context requires otherwise. Section 3(a) HMA defines "custom" and "usage" as any rule that has been continuously and uniformly observed for a long time and has gained the force of law among Hindus in any local area, tribe, community, group, or family. Two provisos limit Section 3(a) HMA: first, the rule must be certain and must not be unreasonable or opposed to public policy; second, if the rule applies only to a single family, that family must not have discontinued it. Section 3(b) HMA defines "district court" as the city civil court where one exists, the principal civil court of original jurisdiction (the main civil court where civil cases are filed first) in other areas, and any other civil court that the State Government specifies by notification in the Official Gazette (the government's official publication) as having jurisdiction over matters in the Act.

Section 3(c) HMA defines "full blood" and "half blood": two persons are related by full blood when descended from a common ancestor by the same wife, and by half blood when descended from a common ancestor by different wives. Section 3(d) HMA defines "uterine blood": two persons are related by uterine blood when descended from a common ancestress by different husbands. Under the Explanation to Section 3(c) and Section 3(d) HMA, "ancestor" includes the father and "ancestress" includes the mother. Section 3(e) HMA defines "prescribed" to mean prescribed by rules made under the Act.

Section 3(f) HMA defines "sapinda relationship" and "sapindas". Under Section 3(f)(i) HMA, sapinda relationship is traced upwards from the person concerned, counting that person as the first generation, up to the third generation inclusive in the line of ascent through the mother and up to the fifth generation inclusive in the line of ascent through the father. Under Section 3(f)(ii) HMA, two persons are sapindas of each other if one is a lineal ascendant (a direct ancestor in the upward line, such as a parent or grandparent) of the other within the limits of sapinda relationship, or if both share a common lineal ascendant who falls within the limits of sapinda relationship with reference to each of them.

Section 3(g) HMA sets four cases where two persons fall within the "degrees of prohibited relationship": (i) one is a lineal ascendant of the other; (ii) one was the wife or husband of a lineal ascendant or lineal descendant (a direct descendant in the downward line, such as a child or grandchild) of the other; (iii) 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 (iv) the two are brother and sister, uncle and niece, aunt and nephew, or children of a brother and sister, of two brothers, or of two sisters. Under the Explanation to Section 3(f) and Section 3(g) HMA, relationship in both clauses includes full, half, and uterine blood, legitimate and illegitimate blood relationships, and adoption as well as blood. Under Section 5 HMA, parties to a Hindu marriage must not be within the degrees of prohibited relationship or be sapindas of each other, unless a custom or usage governing each party permits the marriage.

When Section 3 HMA Applies

  • Custom or usage (Section 3(a) HMA): a rule continuously and uniformly observed for a long time with the force of law among Hindus in a local area, tribe, community, group, or family, provided the rule is certain, not unreasonable or opposed to public policy, and if limited to a family, not discontinued by that family.
  • District court (Section 3(b) HMA): the city civil court where one exists, the principal civil court of original jurisdiction elsewhere, or another civil court specified by State Government notification in the Official Gazette.
  • Blood relationships (Section 3(c) and Section 3(d) HMA): full blood is descent from a common ancestor by the same wife, half blood is descent from a common ancestor by different wives, and uterine blood is descent from a common ancestress by different husbands.
  • Sapinda relationship (Section 3(f) HMA): traced upwards counting the person as the first generation, up to 3 generations inclusive through the mother and 5 generations inclusive through the father, covering a lineal ascendant or shared lineal ascendant within those limits for each party.
  • Degrees of prohibited relationship (Section 3(g) HMA): lineal ascendants, former spouses of lineal ascendants or descendants, former wives of specified male relatives in Section 3(g)(iii) HMA, and siblings, uncle and niece, aunt and nephew, or children of siblings.
  • Scope of relationship (Explanation to Section 3(f) and Section 3(g) HMA): for sapinda relationship and prohibited degrees, half and uterine blood, illegitimate blood relationship, and adoption count equally with legitimate full blood.

Example of Section 3 HMA

Tarun and Nandini live in Mysuru and wish to check whether they fall within the degrees of prohibited relationship under Section 3 HMA. Nandini's father and Tarun's mother share the same father by two different wives, so Nandini's father and Tarun's mother are related by half blood under Section 3(c) HMA and its Explanation. Under the Explanation to Section 3(f) and Section 3(g) HMA, relationship in Section 3(g) HMA includes half blood on the same footing as full blood, making Nandini's father and Tarun's mother brother and sister for that clause. Because Tarun and Nandini are the children of a brother and sister, Section 3(g)(iv) HMA places Tarun and Nandini within the degrees of prohibited relationship.

When Section 3 HMA Does Not Apply

  • Where the context in a provision of the Hindu Marriage Act, 1955 requires a different meaning from the definition in Section 3 HMA.
  • Under the first proviso to Section 3(a) HMA, a rule does not qualify as a custom or usage if the rule is uncertain, unreasonable, or opposed to public policy.
  • Under the second proviso to Section 3(a) HMA, a rule applicable only to a single family does not qualify as a custom or usage if that family has discontinued the rule.

FAQs on Section 3 HMA

What is Section 3 HMA?▼

Section 3 HMA defines the key legal terms used across the Hindu Marriage Act, 1955, unless the context requires otherwise. Section 3 HMA sets the meanings of custom and usage, district court, full, half, and uterine blood, prescribed, sapinda relationship, and degrees of prohibited relationship.

How many generations does sapinda relationship cover under Section 3(f) HMA?▼

Three generations through the mother and five generations through the father, both inclusive. Under Section 3(f)(i) HMA, the count starts with the person concerned as the first generation and moves upwards in each line of ascent.

Are first cousins within the degrees of prohibited relationship under Section 3(g) HMA?▼

Yes. Section 3(g)(iv) HMA places children of a brother and sister, children of two brothers, and children of two sisters within the degrees of prohibited relationship. Under Section 5 HMA, such a marriage is barred unless a custom or usage governing each party permits the marriage.

Does adoption count when checking sapinda or prohibited relationship under Section 3 HMA?▼

Yes. Under the Explanation to Section 3(f) and Section 3(g) HMA, relationship by adoption, half or uterine blood, and illegitimate blood relationship all count in the same way as legitimate blood relationship.

When is a custom valid under Section 3(a) HMA?▼

When the rule has been continuously and uniformly observed for a long time and has gained the force of law among Hindus in a local area, tribe, community, group, or family. Under the two provisos to Section 3(a) HMA, the rule must also be certain, not unreasonable or opposed to public policy, and if limited to a family, not discontinued by that family.

Which court is a district court under Section 3(b) HMA?▼

The city civil court in areas that have one, and the principal civil court of original jurisdiction in all other areas. Section 3(b) HMA also includes any other civil court that the State Government specifies by notification in the Official Gazette for matters under the Act. In an area that has a Family Court, petitions under the Act go to the Family Court instead of the district court: section 7 of the Family Courts Act, 1984 gives the Family Court this jurisdiction, and section 8 of that Act stops the district court from exercising it there.

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Sources: Bare Act Text, Hindu Marriage Act, 1955 ¡