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Marriage (Constitutional Law)

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This query is : Resolved


Author : kriti097
PRO CHAT CALL

Posted On 27 June 2012 at 13:01

Can I marry my father's mother's mother's (my father's grandmother)brother's son's son.




Expert : R.K Nanda
PRO CHAT CALL

Posted On 27 June 2012 at 13:25

No, not at all.



Expert : SAINATH DEVALLA
PRO CHAT CALL

Posted On 27 June 2012 at 15:11

Father's grandmother's ,brother's son's,son is the 2nd cousin of the father(i.e,from maternal side),hence a maternal uncle to the querist.I suppose not a sapinda relationship.Am I right Nandhaji.



Author : kriti097
PRO CHAT CALL

Posted On 27 June 2012 at 16:28

Sir please can you clearly tell me if its yes or a no as one person has replied saying : The law doesn't allow you to marry him as you are sapindas of each other i.e you have a common ancestor within 5 degrees (inclusive of you). If you marry him,you run the risk of going to jail for a month. The only possibility of you marrying him lies in a local custom permitting such marriages. How far is this true?



Expert : SAINATH DEVALLA
PRO CHAT CALL

Posted On 27 June 2012 at 17:03

kirti,
It is yes,you can marry,though there are different versions in different parts of India.Your's is not Sapinda relation.Sapinda is a term used in context of cousin marriages in Hinduism.You are not a direct cousin.If the bride is the offspring of the any person within five generations (inclusive) on the groom's father's side and three generations (inclusive) on the groom's mother's side, or vice-versa, they will be referred to as "sapindas" of each other. In these cases, the Hindu Marriage Act of 1955 bars marriage between two Hindus.

The boy belongs to father's maternal side but not paternal side.Hence nor bar,moreover he is not a direct blood relative.Some more information:

Lineal descendant:
A lineal descendant, in legal usage, refers to a blood relative in the direct line of descent - the children, grandchildren, great-grandchildren, etc. of a person.




Expert : J K Agrawal
PRO CHAT CALL

Posted On 29 June 2012 at 07:59

Understand the problem

Bride - F- FM- FMM-FMMF

Groom - F - FF- FFF hear FMMF and FFF is common ancestor.

Here they are not within criteria of sapanda relationship as the common ancestor is not with in 3 generations through mother or 5 generations through Father.

The marriage is valid.


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