Hindu Marriage Law: The Concept of Viruddha Sambandha

The Hindu Marriage Act, 1955, was framed by the government to amend and codify the existing Hindu marriage laws. The Act extends to the whole of India except for the state of Jammu and Kashmir. It is applicable to all Hindus, Buddhists, Jains and Sikhs domiciled in the territories under the Act.

The concept of Viruddha Sambandha in Hindu marriages was initiated and explained in Crihya Praisishta by the holy sage Aswalayana. Viruddha Sambandha means improper relationship based on the fact that the bride and groom share a relationship similar to that of a parent and child. Such marriages were considered ineligible by Aswalayana. Examples of such marriages are:

  • If a man marries his wife’s sister’s daughter. In this case, the relation of the bride and groom will be similar to that of a father and daughter.
  • If a man marries his parental uncle’s wife’s sister. In this case, the bride will be at a position similar to his mother.

Hindu Marriage Law: A Case Study on Viruddha Sambandha

Questions abound on the validity of marriages that takes place against the principles of Aswalayana. In the landmark case of Ragavendra Rau v. Jayaram Rau, Citation AIR 1920 Mad. 283, the validity of a marriage that took place between a Brahmin and his wife’s sister’s daughter was doubted. However, the Court held that the marriage is valid and Justice Subramania Ayyar J. ruled that the Aswalayana’s rules of Viruddha Sambandha are recommendatory and not mandatory to follow. 

Final Legal Take Away Tip: A similar judgment was passed in another landmark case Ramakrishna v. Subbamma, Citation 1920 (43) Mad. 830. The decisions are considered to be in compliance with the Hindu Marriage Law, because none of the provisions of the Act are inconsistent with the court decisions. Moreover, such marriages are recognized in South India.
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How can a man marry his wife's sister’s daughter, if he has already a wife. Because according to hindu law a man can have only single wife at a time.........................

Thanks, Praveen, for this query. Yes, you are definitely right. As per existing Hindu law, a man can have only one wife. In many parts of India, there are socially established customs that permit a man to marry his niece, cousin, a second wife and so on with the sanction of the community/caste. Hindu law does not validate such marriages and classifies it as Viruddha Sambandha, which in translation, can imply nearly the same as degrees of prohibited relationship. However, where a husband and wife have already established their conjugal status within the prohibited relationships, courts are reluctant to strike down the validity of such marriage due to validity of customs as per ancient sources of Hindu law. A uniform approach by courts in India has not been followed in matters pertaining to personal laws.

Thanks for your comment

can i marry long relation (comes under sister relation) she is (grand father brother daughter daughter.. under hindu marriage act

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