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Under the Hindu Marriage Act, 1955, if parties to a Hindu marriage are 'Sapinda' to each other (and no…

Sections 5(v) and 11 of the Hindu Marriage Act, 1955 make a marriage between sapindas void unless a custom or usage governing both parties permits it. Section 3(f) sets the…

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Under the Hindu Marriage Act, 1955, if parties to a Hindu marriage are 'Sapinda' to each other (and no governing custom or usage permits their marriage), the marriage is

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Correct answer C

Sections 5(v) and 11 of the Hindu Marriage Act, 1955 make a marriage between sapindas void unless a custom or usage governing both parties permits it. Section 3(f) sets the limit at the third generation through the mother and the fifth through the father, counting the person concerned as the first generation. Section 12 concerns voidable marriages, a separate category.

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Option A

A marriage between sapindas is void where the custom or usage governing each party does not permit it.

Option B

Section 11 makes a marriage that contravenes section 5(v) void. Section 12’s voidable category does not apply.

Option C

Correct. Under Section 11 read with Section 5(v) of the Hindu Marriage Act, 1955, any marriage solemnized in contravention of Clause (v) of Section 5 (where the parties are sapindas of each other, unless permitted by custom or usage governing each of them) is null and void.

Option D

Incorrect. A marriage void ab initio under Section 11 read with Section 5(v) cannot be validated by subsequent ratification of a court.

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