First cousin once removed marriage
Antony 6804
(Querist) 29 December 2018
This query is : Resolved
Hello everyone. Am 26 yrs old from Vellore, (South India) in love with my first cousin once removed (my first cousin's daughter) and she is 21 yrs old. We love each other so deeply and would like to get married. We belong to christianity where Uncle and niece marriage is practiced especially in South India.
Now that our parents are opposing this we would like to make them understand that this is legal and not illegitimate. Is it possible to make our marriage legal with the help of a lawyer? Please help in this regard so that our marriage is not void.
And also is it necessary to register a marriage in India? what if we live together and have a child? wont we be considered a couple?
kavksatyanarayana
(Expert) 29 December 2018
You convince your parents amicably. As you are christian you can marry under Indian Christian Marriage Act. A pastor who have license from the Government shall register the marriage and certificate will be given which is valid. or you apply under Special Marriage Act, 1954 to the Sub Registrar of your area. If you file intend notice the marriage will be solemnised after 30 days from the date of intend notice.
Dr J C Vashista
(Expert) 30 December 2018
Consult a local prudent lawyer for better appreciation of customs prevailing/ applicable in your case.
Kumar Doab
(Expert) 30 December 2018
IT is felt that you are not converts to Christianity.
Are you?
Have you consulted a very able LOCAL counsel? Have you obtained proper legal opinion? Have you paid any FEE?
If yes, what is the opinion?
Confirm!
Kumar Doab
(Expert) 30 December 2018
The query is artfully crafted
Vashistaji, describe as poetic description!
Some querists can do IT, not ALL.
GO thru;
Delhi High Court
O.P. Gogne vs State (Nct Of Delhi) & Ors on 26 July, 2011
Author: Suresh Kait
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2103/2011
% Judgment reserved on :11th July, 2011
Judgment delivered on:26th July, 2011
42. In my view, if the honour and reputation of the Petitioner has been spoiled by this marriage, then his honour and reputation would not come back by separating the couple. This type of thinking isspoiling the broad thinking of new generation and at times it leads to honour-killing. If the Courts start supporting this type of Issues, it would amount to support the „KHAP‟ dictat. The Courts are not meant to gratify the feelings of personal revenge or vindictiveness or to serve the ends of a private party.
44. In my view, „Indian Christians‟ are those who being Indian nationals converted to the religion of Christianity. The Respondents have rightly converted as per the Section 3 of the Act. Therefore, after conversion into Christianity the marriage does not fall under the „sapinda' relationship. As such, the respondent No.2 has not committed any offence, being Government servant.
47. The petitioner has been judicial officer in Delhi, now legal practitioner. He should have been more careful while indulging in such type of frivolous case. Thus, he has unnecessarily wasted the time of the Courts.
48. Therefore, while dismissing the present Criminal M.C. No.2103/2011, I impose a costs of ì.10,000/- to be paid by the Petitioner in favour of the Advocates Welfare Fund, Bar Council of Delhi.
49. The Registrar General of this Court shall ensure the realisation of the above costs from the Petitioner.
https://indiankanoon.org/doc/333896/
Kumar Doab
(Expert) 30 December 2018
If a custom prevails (that has attained sanction of law) then state govt might have issued notification.
GO thru state govt notifications for marriage amongst such relations, as per proven customs.
If such custom/notification exists then anyone (you as in query) may not have any issue.
If marriage amongst such relations is not legitimate/legal then IT is illegal and issues out of such relations would be illegitimate.
Since your parents (from both sides) don’t agree then ask the LOCAL pastor in LOCAL church, if such marriage can be performed?
The question that can you (as in query) remain as couple….may be of NO significance looking into tussles/disputes/litigation/legalities that may get associated.
Kumar Doab
(Expert) 30 December 2018
Go thru;
THE SPECIAL MARRIAGE ACT, 1872;
2(4) 1st Proviso, 2nd Proviso
http://bdlaws.minlaw.gov.bd/pdf_part.php?id=25
Special Marriage Act, 1954;
2(b),
4(d) and Explanation
THE FIRST SCHEDULE
[See section 2 (b) "Degrees of prohibited relationship"]
PART I
PART II
http://www.advocatekhoj.com/library/bareacts/specialmarriage/index.php?Title=Special%20Marriage%20Act,%201954
THE INDIAN CHRISTIAN MARRIAGE ACT 1872; 3, 41,42,66,81,82, 88
http://home.kar.nic.in/download_files/Passport/The_Indian_Christian_Marriage_Act1872.pdf
and relate.
Kumar Doab
(Expert) 30 December 2018
Southern India might have communities that practise consanguineous marriages and probably an uncle-niece marriage (even marriage with 1st cousin) is allowed and practised. Probably the state govt. might have issued notification covering such marriages (uncle-niece marriage).
Probably the terms used by community elders might be Gotram in Southersn India and Gotra in North India so as to keep (safe) genetic distance.
Scientifically wise men/women have termed such safe genetic distance to avoid genetic disorders.
The well read/seasoned Christian community elders, religious leaders may very well clarify and provide crystal clear answers after looking at cahrt of your relations
i.e.
1st cousin being children of (your) aunts and uncles, having 2 of the same grandparents in (your) family.
Removed; may point to two people from different generations..while you and your 1st cousin, may be, are from same generation….therefore ‘removed’ may not be applicable in your relation..
Once Removed; may point to difference of 1 generation..Therefore your mother’s 1st cousin (being 1 generation younger than your grandparents) ..be your 1st cousin, once removed.
Only after the correct relation is interpreted and related with provisions of enactments, customs (having attained sanction of law) you can arrive at correct decision.
Kumar Doab
(Expert) 30 December 2018
In case of any issues, any time ; You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
