Vol. 14, Part I · pages 71–75

DR. AMBEDKAR AND THE HINDU CODE BILL 53 (iii) “full blood” and “half blood”—two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives; (iv) “uterine blood”—two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands; Explanation.— In this Clause “ancestor” includes the father and “ancestress” the mother; (v) “Part” means any Part of this Code; (vi) “prescribed” means prescribed by rules made under this Code; (vii) “related” means related by legitimate kinship: Provided that illegitimate children shall be deemed to be related to their mother and to one another and their legitimate descendants shall be deemed to be related to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly; (viii) “son” includes an adopted son, whether adopted before or after the commencement of this Code, but does not include an illegitimate son. (3) Sec. 5(e) Sec. 5(e) Sec. 5(h) Sec. 5(i) Part II, sec. 2(c), page 3.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES54 (4) 4. Overriding effect of Code. —Save as otherwise expressly provided in this Code,— (a) any text, rule or interpretation of Hindu law or any custom or usage in force immediately before the commencement of this Code shall cease to have effect with respect to any of the matters dealt with in this Code; and (b) any other law in force immediately before the commencement of this Code shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Code.

DR. AMBEDKAR AND THE HINDU CODE BILL 55 4. Overriding effect of Code. —Save as otherwise expressly provided in this Code, any text, rule or interpretation of Hindu law, or any custom or usage or any other law in force immediately prior to the commencement of this Code shall cease to have effect as respect any of the matters dealt with in this Code. (4) Part I, sec. 3, page 1.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES56 (5) PART II.—MARRIAGE AND ANNULMENT OF MARRIAGE CHAPTER I Marriage 5. Interpretation. —In this Part, unless the context otherwise requires,— (a) “district court” includes any court subordinate to the district court which may be specified in this behalf by the State Government by notification in the Official Gazette; (b) “Sapinda relationship”—a man is a sapinda of any of the persons mentioned in the first column of the First Division of the Third Schedule and a woman is a sapinda of any of the persons mentioned in the second column of the said Division; (c) “degrees of prohibited relationship”—a man and any of the persons mentioned in the first column of the Second Division of the Third Schedule and a woman and any of the persons mentioned in the second column of the said Division are within the degrees of prohibited relationship. Explanation.— For the purposes of clauses (b) and (c) 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*. * * * * * * * * * * * *

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,— (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) Part VI, sec. 1, page 14.