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Hindu Law on Prohibited Degrees in Marriage

By Rijhumal Isardas Thadani

Published In

Air 1941

Origin of the Rule The subject of prohibited degrees in Hindu law of marriage like the law of joint family and inheritance depends on the tie of sapindaship. This tie is the keystone of the Hindu law of the joint family: 10 Bom L R 184.1 Equally so it is of the law of marriage, for sapindaship for marriage and inheritance is co-extensive: 42 Cal 384.2 The Hindus in ancient times lived in joint families for generations and sapindaship or identity of body was held to continue till seven degrees so that descendants of common ancestors in unbroken male lineage were all sapindas of each other. Accordingly those who were called upon to live together under the same roof were necessarily on social grounds, apart from any physiological reasons, restricted from entertaining the idea of marriage within that circle. These sapindas were also sapindas for purpose of mourning and eleven days pollution ext ....

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