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marriage with second cousin

(Querist) 18 January 2018 This query is : Resolved 
My friend want to marry his second cousin.
That mean she is the grand daughter of his grandfather brother.
Is he able to marry with her and his marriage is valid.
He is from uttar Pradesh India from a Hindu family.
PRATEEK (Querist) 18 January 2018
My friend want to marry his second cousin.
That mean she is the grand daughter of his grandfather brother.
Is he able to marry with her and his marriage is valid.
He is from uttar Pradesh India from a Hindu family.
SHIRISH PAWAR, 7738990900 (Expert) 18 January 2018
Marriage is within prohibited degree and it is not allowed under Hindu Marriage Act.
Sudhir Kumar, Advocate Online (Expert) 18 January 2018
Not allowed
kavksatyanarayana (Expert) 18 January 2018
It will come under prohibited relationship so not valid.
Kumar Doab (Expert) 18 January 2018
You can benefit from the above advises.
PRATEEK (Querist) 18 January 2018
Is there is not any solution for that.
I mean the special marriage act or anything else.
Vijay Raj Mahajan (Expert) 19 January 2018
Under the Special Marriage Act,1954 section 2 (b) provides:
“degrees of prohibited relationship”—a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship; Explanation I.—Relationship includes,—
(a) relationship by half or uterine blood as well as by full blood;
(b) illegitimate blood relationship as well as legitimate;

THE FIRST SCHEDULE [See section 2(b) “Degrees of prohibited relationship”] PART I 1. Mother. 2. Father’s widow (step-mother). 3. Mother’s mother. 4. Mother’s father’s widow (step grand-mother). 5. Mother’s mother’s mother. 6. Mother’s mother’s father’s widow (step great grand-mother). 7. Mother’s father’s mother. 8. Mother’s father’s father’s widow (step great grand-mother). 9. Father’s mother. 10. Father’s father’s widow (step-grand mother). 11. Father’s mother’s mother. 12. Father’s mother’s father’s widow (step great grand-mother). 13. Father’s father’s mother. 14. Father’s father’s father’s widow (step great grand-mother). 15. Daughter. 16. Son’s widow. 17. Daughter’s daughter. 18. Daughter’s son’s widow. 19. Son’s daughter. 20. Son’s son’s widow. 21. Daughter’s daughter’s daughter. 22. Daughter’s daughter’s son’s widow. 23. Daughter’s son’s daughter. 24. Daughter’s son’s son’s widow. 25. Son’s daughter’s daughter. 26. Son’s daughter’s son’s widow. 27. Son’s son’s daughter. 28. Son’s son’s son’s widow. 29. Sister. 30. Sister’s daughter. 31. Brother’s daughter. 32. Mother’s sister. 33. Father’s sister. 34. Father’s brother’s daughter. 35. Father’s sister’s daughter. 36. Mother’s sister’s daughter. 37. Mother’s brother’s daughter. Explanation.—For the purposes of this Part, the expression “widow” includes a divorced wife. PART II 1. Father. 2. Mother’s husband (step-father). 3. Father’s father. 4. Father’s mother’s husband (step grand-father). 5. Father’s father’s father. 6. Father’s father’s mother’s husband (step great grand-father). 7. Father’s mother’s father. 8. Father’s mother’s mother’s husband (step great grand-father). 9. Mother’s father. 10. Mother’s mother’s husband (step grand-father). 11. Mother’s father’s father. 12. Mother’s father’s mother’s husband (step great grand-father). 13. Mother’s mother’s father. 14. Mother’s mother’s mother’s husband (step great grand-father). 15. Son. 16. Daughter’s husband. 17. Son’s son. 18. Son’s daughter’s husband. 19. Daughter’s son. 20. Daughter’s daughter’s husband. 21. Son’s son’s son. 22. Son’s son’s daughter’s husband. 23. Son’s daughter’s son. 24. Son’s daughter’s daughter’s husband. 25. Daughter’s son’s son. 26. Daughter’s son’s daughter’s husband. 27. Daughter’s daughter’s son. 28. Daughter’s daughter’s daughter’s husband. 29. Brother. 30. Brother’s son. 31. Sister’s son. 32. Mother’s brother. 33. Father’s brother. 34. Father’s brother’s son. 35. Father’s sister’s son. 36. Mother’s sister’s son. 37. Mother’s brother’s son. Explanation.—For the purposes of this part, the expression “husband” includes a divorced husband.

In the given case the father's father's brother nor the granddaughter of the said brother comes in any of the categories of the First Schedule Part 1 or Part 2 hence this will not be covered under the Prohibited Relationship under section 2(b) of the Special Marriage Act 1954.
Marriage can be solemnised under this Act.
Sudhir Kumar, Advocate Online (Expert) 19 January 2018
How there can be solution when the proposal is illegal as well as immoral.
PRATEEK (Querist) 19 January 2018
Sir it is applicable on father's cousin's daughter also.
Because according to above statement father's brother's daughter is mentioned.
Vijay Raj Mahajan (Expert) 19 January 2018
Define the relationship of Cousin, who he's related to father, vaguely everyone is included as cousin.
Check the above list clearly. Father's brother means his real brother or half brother. It means either both have common father and mother or one of the common parent. But for cousin you need to specify clearly.
PRATEEK (Querist) 19 January 2018
The girl is Boy's father's father's brother's granddaughter
PRATEEK (Querist) 19 January 2018
The girl is Boy's father's father's brother's granddaughter
Sudhir Kumar, Advocate Online (Expert) 19 January 2018
when a boy enters into illegal marriage he open himself to indefensible charge of "rape" as and when relations turn sour.
Ms.Usha Kapoor (Expert) 12 July 2018
I agree with Vijay Raj Mahajan.


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