Is it legal to marry second cousin ?
Aakaash
(Querist) 22 September 2016
This query is : Resolved
I want to marry my father's--> father's-->Brother's-->Daughter's--> Daughter. Is it possible in india(UP)? Please advice me.
Raj Kumar Makkad
(Expert) 22 September 2016
legally it comes within the prohibited marriage as the girl in this case is niece of boy.
rajeev sharma
(Expert) 22 September 2016
SIMILAR QUARRIES WERE RAISED PREVIOUSLY ALSO AND WERE REPLIED BY LEARNED EXPERTS. PL REFER TO THOSE REPLIES THAT WILL SAVE YOUR AS WELL AS EXPERTS' TIMEM
Kumar Doab
(Expert) 22 September 2016
NO.
Until or unless there is a proven custom in your community.
Aakaash
(Querist) 22 September 2016
Is there any special act or something like that.. which can make this marriage legal..
As there in many parts of India (south India ) it is legal to marry second cousin
Guest
(Expert) 22 September 2016
Mr. Aakaash,
You have put a very vague query, "Is there any special act or something like that.. which can make this marriage legal.. As there in many parts of India (south India ) it is legal to marry second cousin."
Of course, it is a good academic query for testing the knowledge of a law student, but not of the experts to answer on behalf of students. You are required to concentrate on your course module.
By the way, to which area of Up/India do you belong?
Kumar Doab
(Expert) 22 September 2016
We are not aware of any custom in your state (UP)!
You may ask your able counsel about;
Hindu Marriage Act,1955
THE SPECIAL MARRIAGE ACT, 1954
(No. 43 of 1954):Sec;4,24,25
Guest
(Expert) 22 September 2016
Mr. Aakaash,
Why do you believe that being a resident of UP you could get exemption under some local or special law of south India, even if there is any, would apply to you?
Aakaash
(Querist) 22 September 2016
I was just asking .. if any ! :(
any way thank you
Kumar Doab
(Expert) 23 September 2016
You have been properly replied.
Your thanks are appreciated.
cherukuri prasad
(Expert) 23 September 2016
Personal law in INdia is religion specific. You forgot to add religion. Ask in fresh post
Guest
(Expert) 23 September 2016
Just asking has no relevance, specifically in academic queries, if you are not facing any problem.
Guest
(Expert) 23 September 2016
Even your religion cannot help you to get immunity with any other state's special law, if there be any.
Guest
(Expert) 23 September 2016
Cherukuri ji,
I don't think, name "AAKAASH," belongs to any religion other than Hindu religion.
Kumar Doab
(Expert) 23 September 2016
Hindu Marriage Act,1955 , THE SPECIAL MARRIAGE ACT, prohibited relations as per these Acts have been mentioned and author has not mentioned even once that he is not Hindu.
Rajendra K Goyal
(Expert) 27 September 2016
Yes such problem relates to Hindus.
Section 3 in The Hindu Marriage Act, 1955
(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;
(g) degrees of prohibited relationship two persons are said to be within the degrees of prohibited relationship
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;
Explanation .For the purposes of clauses
(f) and (g), 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.
Kumar Doab
(Expert) 27 September 2016
The author may also take into account the social stigma.
Rajendra K Goyal
(Expert) 28 September 2016
Definitely, social stigma is major aspect.
Kumar Doab
(Expert) 28 September 2016
Social stigma is not confined to author but can affect all near and dear ones from both sides.
