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  • Read the following passage and answer the question. Marriage, whether considered as a sacrament or a contract, gives rise to a status. It confers a status of husband and wif

Read the following passage and answer the question.
Marriage, whether considered as a sacrament or a contract, gives rise to a status. It confers a status of husband and wife on parties of the marriage, and a status of legitimacy on the children of the marriage. For a valid marriage, in most systems of law, two conditions are necessary: (a) parties must have the capacity to marry, and (b) they must undergo the necessary ceremonies and rites of marriage. In some ancient communities, both requirements were nominal. Performance of certain shastric ceremonies is still necessary for a valid Hindu marriage. If the parties to the marriage have undergone the necessary ceremonies of marriage, they cannot be heard to say that they merely intended to be a man and a concubine. If requisite ceremonies are not performed, they cannot claim to be a husband and a wife whatever might have been their intention, unless some custom is invoked under which the performance of a ceremony is not necessary, or a presumption of law exists.
From ancient times to 1955, having more than one spouse was recognized in Hindu law. However, such a practice has been abolished and monogamy has been made a rule for all persons who are governed by the principles of the Hindu law. Monogamy means that one is permitted to have only one wife or one husband at a time. The provisions of the Hindu Marriage Act make a bigamous marriage void and makes it a penal offence for both Hindu males and females under the relevant provisions of the Indian Penal Code. It is not certain when the shastric limitation on marriages within certain degrees of generation came to be established. However, the Dharamshastras considered the sexual relationship with one’s mother, one’s sister, or one’s daughter, or even with one’s son’s wife as the highest sin. The prohibition of the sapinda relationship extended only to the third or fourth degree of kinship in ancient Hindu law. 
Question
The prohibition of a sapinda relationship in a Hindu marriage is based on which of the following rules prescribed under Hindu law?

 

 

 

 

 

Option: 1

Rule of Endogamy

 


Option: 2

Rule of Exogamy

 


Option: 3

All of the above

 


Option: 4

None of the above


Answers (1)

best_answer

Sexual intercourse within a few degrees of the maternal or paternal lineage was considered to be one of the highest sins committed by any Hindu person. The concept of sapinda relationship is based on the rule of exogamy as the same refers to an out-marriage. It is referred to as a custom that promotes marriage from outside a person's own clan or gotra. 

 

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