DR. AMBEDKAR AND THE HINDU CODE BILL 57
PART II.—MARRIAGE AND DIVORCE
CHAPTER I
Marriage
5. Interpretation. —In this Part, unless there is anything repugnant in the subject or context,—
Part VI, sec. 1, page 14.
(a)(i) “sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother and the fifth (inclusive) in the line of ascent through the father the line being traced upwards 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 with 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.
(b) “degrees of prohibited relationship”.— two persons are said to be within “the degrees of prohibited relationship” if one is a lineal ascendant of the other or was the wife or husband of a lineal ascendant or descendant of the other or if the two are brother and sister, uncle and niece, aunt and nephew or the children of two brothers or two sisters.
Explanation. —For the purposes of clauses (a) and (b) 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. Illustrations
(i) C, the common ancestor is the father’s mother’s fathers’s father of A and the mother’s father of B. As C is the fifth generation from A in A’s father’s line and the third generation from B in B’s mother’s line, A and B are Sapindas of each other.
(ii) A and B are consanguine brother and sister. Their descendants within the limits of sapinda relationship, will be sapindas of each other. The descendants of their father and his ancestors will also be sapindas of A and B and their descendants within the limits of sapinda relationship. But the maternal grandfather of A will not necessarily be a sapinda of the maternal grandfather of B, nor will a son of the former maternal grandfather necessarily he a sapinda of a son of the latter.
(iii) A and B are uterine brother and sister. Their descendants, within the limits of sapinda relationship, will be sapinda of each other. The descendants of their mother and her ancestors will also be spindas of A and B and their descendants within the limits of sapinda relationship. But the paternal grandfather of A will not necessarily be a sapinda of the paternal grandfather of B, nor will a son of the former paternal grandfather necessarily be a sapinda of a son of the latter.
(5)