Marrying niece under special marriage act

Not under the Special Marriage Act,1954 unless as provided under section 4 (d) of the SMA : (d) the parties are not within the degrees of prohibited relationship: Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized.

Explanation.—In this section, “custom”, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family: Provided that no such notification shall be issued in relation to the members of any tribe, community, group or family, unless the State Government is satisfied—

​If in there is any custom governing either of you where such marriage is permited and is covered under the explanation as mentioned above, you can marry otherwise not.

The question is not whether such a custom prevails In Tamil Nadu, but whether your community follows such a system.

Subsequent to above mentioned enactment check locally the O/o Local Registrar marries and/o agrees to marry applicants in such relationship……….

The custom in such matters is one that is proved and has sanction of law….

Indian courts recognize custom as law only if the custom is “ancient or immemorial” in origin; “reasonable in nature and continuous in use”, and “certain”. Courts interpret “ancient or immemorial" to mean that for a custom to be binding. it “must derive its force from the fact that by long usage it has obtained force of law”.

Thank you for your kind clarification. I have my niece's elder brother (blood brother)  supporting our marriage whereas my parents are against it but not his parents. Is it possible for me to marry him with his brother consent as per the below quote suggested?

(Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized.)

 

I would like to clarify that i am hailing from christianity. And i do have my many family members married to their first cousin in  my family. and now the relationship am in is with my first cousin once removed (second cousin). Now is it permissible for me to go ahead and marry him?? 

With regard to custom clause, the clear mention is that custom has to be in the community, group or family and has been notified as rule in the official gazette by the State government. If marrying cousin is rule in your community or group or family, is that been notified as rule in the Official Gazette of the State government, if your answer is yes, get that copy of gazette notification of the rule with you and show it to the Marriage Officer who is supposed to solemnize your marriage under the Special Marriage Act,1954, if he's satisfied he'll go ahead getting you married to your cousin otherwise forget about marriage under this Act. What was happening in your family for so many cases of cousins' is not custom of family that will allow your marriage undet the Act just like this, it's a legal issue not family matter.

ask the your pastor whether the such marraige between christians of your area is permissible or not.

Now you are aware of the custom, custom clause...

Rest is upto you.

Take care that marriage is valid and not void.