Hindu Custom Over-Rides Common Civil Code In The Special Marriage Act, 1954

 

2. In this Act, unless the context otherwise requires

(b) 'degrees of prohibited relationship' - a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.

**Explanation I -** Relationship includes

(a) relationship by half or uterine blood as well as by full blood;

(b) illegitimate blood relationship as well as legitimate;

(c) relationship by adoption as well as by blood;

and all terms of relationship in this Act shall be construed accordingly.

Explanation II -'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.

Explanation III - '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.

4. Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:

(d) the parties are not within the degrees of prohibited relationship: Provided that where custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship... (emphasis added)






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