Delhi High Court reaffirmed the ban on Incestuous ‘Sapinda’ Marriages

Recently, Delhi High Court rejected a challenge to the constitutionality of Section 5(v) of the Hindu Marriage Act, 1955 (HMA), which prohibits marriage between two Hindus if they are “sapindas” of each other “unless the custom or usage governing each of them permits of a marriage between the two”.

Grounds on which the Section 5(v) of HMA was challenged

  • In 2007, the marriage of a woman was declared void after her husband proved it was a sapinda marriage and she did not come from a community where such marriages were customary.
  • This decision was challenged in the Delhi High Court, which ....
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