section 3 hindu marriage act 1955

Section 3 in Hindu Marriage Act, 1955 – Definitions

section 3 hindu marriage act 1955
Table Of Contents

Section 3 in HMA 1955:

(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.

(b) “District court” means the court having jurisdiction as specified under this Act.

(c) “Full blood” and “half blood” define relationships through a common ancestor by the same wife or by different wives, respectively.

(d) “Uterine blood” refers to persons descended from a common mother but by different husbands.

(e) “Prescribed” means prescribed by rules made under this Act.

(f) “Sapinda relationship” extends to the third generation through the mother and the fifth generation through the father, counting the person concerned as the first generation. It also covers persons who share a qualifying common lineal ascendant.

(g) “Degrees of prohibited relationship” covers specified close family relationships, including lineal ascendants and descendants, siblings, uncle and niece, and aunt and nephew.

The explanations to clauses (f) and (g) include relationships by full, half or uterine blood, illegitimate relationships and relationships by adoption.

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