ISSUE:
Whether the husband and wife share a Sapinda relationship that would nullify their marriage under section 11 of the Hindu marriage act?
Divorce on the grounds of cruelty, desertion, and schizophrenia under Section 13(1)(a) and 13(1)(iii) of the Hindu Marriage Act?
Whether the husband can sue for an injunction restraining the wife from coming into the matrimonial home which was his joint family property?
RULE:
The sapinda relationship defined under Section 3(f) and the prohibited relationship under Section 3(a) of Hindu Marriage Act:
Section 3. (f) (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 within 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;
The provisions of Section 5(v) read with Section 3(f) of the Hindu Marriage Act shows that their marriage would be void unless there is a custom in their community to the contrary.