Marraige between second cousins


Hi,

I had one question related to the marraige between second cosuins. Is it possible and legal in Gujarat and according to HMA? The question in the form of kinship chart can be formed as:

Is the marraige possible between groom's->mother's->mother's->brother's->son's->daughter. the daughter will be the bride.

Please help. Thanks in advance.

 

 
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Advocate

It depends on the customary practices of the party. If I am not mistaken, in Punjab even the Anands permits marriage between the cousins. 


Total likes : 1 times

 
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Hi,


Thanks for the reply. I do understand the customary practices part. But I wanted to be more clear on legal part. Specifically, according to general terms of Hindu Marraige Act barring the customary practice part, i.e. just sticking to the definition of sapinda - whether this marraige is permissible or not?

 

I completely understand that along with this legal verification, one needs to see the customary practice and also genetic compatability but as this forum is for legal issues, I refrained to talk about that,


Kindly help for my earlier query.

 

Thanks

 
Reply   
 
Legal Enthusiast

 

Section 3 (f):

  1. "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;
  2. two persons are said to "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;

Section 3 (g):

"degrees of prohibited relationship" – two persons are said to be within the "degrees of prohibited relationship" –

  1. if one is a lineal ascendant of the other; or
  2. if one was the wife or husband of a lineal ascendant or descendant of the other; or
  3. if one was the wife of the brother or the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or
  4. 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 3(f) and 3(g), relationship includes –

  1. relationship by half or uterine blood as well as by full blood;
  2. illegitimate blood relationship as well as legitimate;
  3. relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.
 
i think u will be more clear..

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Hi,

This answer has made many things clear and veryvery helpful. Great explaination. I didnknow the section 3(F) and 3 (G) but the explanation part makes it very cmplete. Just to make usre that my understanding is correct of the above explanation, when we say child of brother and sister in the prohibited relationship section point iv, it means child of real brother and sister right? not the child of first cousins.

The above post was very helpful but I would appreciate and be very grateful if someone can specifically comment on the relationship in question which goes like this:

grooms -> mother's -> mother -> brother's->son's->son's->daughter(bride). It seems from above explanation that this is possible. But just want to confirm if it is actually possible.


Thanks a lot.

 
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Legal Enthusiast

the relationship you cited when examined carefully reveals that Groom is uncle of the bride.. which is at the fourth generation from the mother side.. i think they are not sapinda.

 

regards-

rahul.gogreen@gmail.com

 
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Legal Enthusiast

the relationship you cited when examined carefully reveals that Groom is uncle of the bride.. which is at the fourth generation from the mother side.. i think they are not sapinda.

 

regards-

rahul.gogreen@gmail.com

 
Reply   
 
Dy Director

not allowed............ not encouraged.

 
Reply   
 

@Sudhir,

 

Thanks for the reply but can you kindly explain how this is not allowed legally and why it is not encouraged? Your answer would be very valuable as this concerns with life and death situation for someone.

Thanks.

 
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how about if  Boy want to marriage with his Mama daughter in india ? is that consider as second cousin?

 
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