Report No. 15
First Schedule
The list of prohibited relationships has been framed mainly on the basis of (English) Marriage Act, 1949 and the Special Marriage Act. Only items which are common to both the Acts have been retained1. And even from the items so common, the following have been omitted:-
Sister's son; sister's daughter; brother's son; brother's daughter; mother's brother; mother's sister; father's brother; father's sister.
These have been omitted in view of the fact that in some communities, it is usual to arrange such marriages.2
The items in the list could be reduced in number by adopting some drafting devices. For example, the expressions "any lineal ascendant or descendant", "widow of any lineal ascendant or descendant of the wife" and so on could be used. But that would make the list less concrete and has been avoided.
The items have been treated both from the bride's angle and from the bridegroom's angle. Each item in Part I of the Schedule (that is, the item as seen from the angle of the bridegroom), has its converse (that is, the item as seen from the angle of the bride), in Part II, as shown below:-
Item in Part I Corresponding item in Part II
Item in Part I |
Corresponding item in Part II |
|
1 |
= |
26 |
2 |
= |
34 |
3 |
= |
30 |
4 |
= |
36 |
5 |
= |
28 |
6 |
= |
35 |
7 |
= |
20 |
8 |
= |
33 |
9 |
= |
24 |
10 |
= |
38 |
11 |
= |
22 |
12 |
= |
37 |
13 |
= |
32 |
14 |
= |
21 |
15 |
= |
27 |
16 |
= |
23 |
17 |
= |
25 |
18 |
= |
29 |
19 |
= |
31 |
1. See also the discussion in the body of the Report, paras. 23-25.
2. See also the discussion in the body of the Report, para. 23.
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