Prohibited degree of relationship


Hindu Family

 

                   ---------------> A(Son)------> B(Son) ----------> C (Daughter)

Father------- (2 sons)               

                   ----------------> X(Son)-----> Y(Son) ------------> Z (Son) 

A & X are real brothers.

Q 1 ) Can C & Z marry?.

Q 2 ) If C & Z already married, can a petition be filled for nullity of marriage ?

 
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NO Y AND Z CANNOT MARRY AS THEY ARE IN PROHIBITED DEGREES AS PER HINDU LAW BUT UNDER MUSLIM LAW THEY CAN. THEY CAN ALSO FILE A SUIT FOR NULLITY OF MARRIAGE
 
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This marriage is void in the eyes of law.

 
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Worker

 

18.       Punishment for contravention of certain other conditions for a Hindu marriage

Every person who procures marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv) 3[and (v)] of section 5 shall be punishable-

(a)        in the case of a contravention of the condition specified in clause (iii) of section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both;

(b)                in the case of a contravention of the condition specified in clause (iv)or       clause (v) of section 5, with simple imprisonment which may extend to one month or with fine which may extend to one thousand rupees, or with both; 4 [***] 5 [***]

 

5. Conditions for a Hindu marriage A marriage may be solemnized between any two Hindus, if the following condition are fulfilled, namely:- (i) neither party has a spouse living at the time of the marriage 1[(ii) at the time of marriage, neither party- (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c ) has been subject to recurrent attacks of insanity2 [***] (iii) the bridegroom has completed the age of 3[twenty one years] and the bride, the age of 4[eighteen years] at the time of marriage (iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two; (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; 5[***].


Total likes : 1 times

 
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Mr Amit has given very usefull information. But do the courts punish the persons who have married. What is the remedy to avoid punishment and yet file for nullity of marriage under S11 of HM Act.

Z has agreed Divorce under S13B but delaying on one pretext or another.

 
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Worker

make Z aware of the above facts.

Z is a co-accused.

 
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Generally punishments are not given in such cases.

Nullity will be granted by the court.

 
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What would be the aprox time the court would take to grant nullity in normal and in ex-party conditions. Z stays in Australia.

 
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Worker

if summons is properly served, and case is not contested by respondent, it should finish within 8-9 months, may be even less time.


remember, there is no fixed time frame to finish cases.

depends upon the diary of the court & previously pending cases

 
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Advocate

NO, C & Z can't marry as they are in prohibited degrees of relationship being descendant in a common line of ancestorship and if they are married petition declaring the marriage as nullity can ofcourse be filed.

 
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