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Discussion > Family Law > Marriage > Prohibitied relationship Marriage - Hindu Marriage Act   Unanswered Threads Post New Topic

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M.N. Gopinath


Asst Manager
[ Scorecard : 67]
Posted On 14 March 2010 at 13:52 Report Abuse

Sir,

 

    I need advice that my brother's daughter registered her marriage with a relative boy in June 2009.  The boy is the son of maternal uncle of girl's mother & it senses as brother-sister relation.   Can we challenge this marriage under the section of prohibited relationship marriage of Hindu Marriage Act.  The issue is now recently disclosed by both of them after 8 months.  Now the girl is not interested in the relationship. Kindly advice how to proceed.  I seek immediate remedy. 

 

Thanks 



V. VASUDEVAN


LEGAL COUNSEL
[ Scorecard : 2695]
Posted On 14 March 2010 at 14:41 Report Abuse

This particular relationship is not covered under the "prohibited relationship"

vasudevan


M.N. Gopinath


Asst Manager
[ Scorecard : 67]
Posted On 14 March 2010 at 15:35 Report Abuse

if the girl's (Bride) mother would have married the maternal uncle, then it would be a brother - sister relationship.  As you said it is not covered under " prohibited relationship". Can we challenge it in any way? worth challenging?


Arup Kumar Gupta, Korba, Chattishgarh


(m)9893058429
[ Scorecard : 1963]
Posted On 14 March 2010 at 22:20 Report Abuse

from the maternal side three and from paternal side seven piri in hindi take into account.


Arup Kumar Gupta, Korba, Chattishgarh


(m)9893058429
[ Scorecard : 1963]
Posted On 14 March 2010 at 22:22 Report Abuse

perhaps it is within prohibited relationship.


Arup Kumar Gupta, Korba, Chattishgarh


(m)9893058429
[ Scorecard : 1963]
Posted On 14 March 2010 at 22:35 Report Abuse

The Hindu Marriage Act, 1955

 

HINDU MARRIAGES

 

5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

 (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.

Sec 2. (f)

(i) "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;

(ii)  Two persons are said to be "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;

(g) "degrees of prohibited relationship"-two persons   are said to be within the "degrees of prohibited   relationship"

(i)   If one is a lineal ascendant of the other; or

(ii) If one was the wife or husband of a lineal ascendant   or descendant of the other ; or

(iii) If one was the wife of the brother or of the father's    or mother's brother or of the grandfather's or grandmother's brother of the other; or

(iv) 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 (f) and (g),   relationship includes-

(i)   relationship by half or uterine blood as well as by full   blood;

(ii) illegitimate blood relationship as well as legitimate; (iii) relationship by adoption as well as by blood ; and all   terms of relationship in those clauses shall be construed accordingly.

 

The marriage already a void marriage, if the relationship exist as brother and sister.


Kamal Grover


Advocate High Court, Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com
[ Scorecard : 2071]
Posted On 15 March 2010 at 07:30 Report Abuse

It may be challange due to spinda relationship. but plz provide some more detail about relationship between mother of girl and father of boy.


Regards
adv.kamal.grover@gmail.com


M.N. Gopinath


Asst Manager
[ Scorecard : 67]
Posted On 15 March 2010 at 13:46 Report Abuse

Dear Sir, Pl see the attachment for a schematic family tree diagram.

Need your valuable inputs.

 

Thanks




Attached File (downloaded 295 times) :

M.N. Gopinath


Asst Manager
[ Scorecard : 67]
Posted On 15 March 2010 at 14:11 Report Abuse


raj


Consultant
[ Scorecard : 22]
Posted On 20 March 2010 at 16:33 Report Abuse

I am also having same problem,but in my case bride groom is Y's grand son(First son of Y's fisrt son)

please let me know can wwe marry legally as per hindhu marriage act, i alredy know we both fall under prohibited relation, but i want to marry her. please advice.



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