3. Definitions. (Hindu Marriage Act)

In this Act, unless the context otherwise requires,-

(a) the expression “Custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force or law among Hindus in any local area, tribe, community, group of 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;

Bare Acts 53 Full Bare Acts

(c) “full-blood” and “half-blood” two person 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;

Law Notes 100 Law Notes

(f) (i)Sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of assent through the mother, and the fifth (inclusive) in the line of assent through the father, the line being traced upward 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 descendant 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 fathers or mothers brother or of the grand fathers or grandmothers 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.

Read full Hindu Marriage Act on a single page.

Download beautiful, colourful Hindu Marriage Act PDF.