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sneha vaidya (back office)     11 May 2012

Prohibited relationships

1)A boy Mr. x wants to marry a girl Miss y.

2) Father of boy is real brother of mother of girl .

3)Above marriage clearly falls under prohibited relationship.

4)still the boy and the girl wants to marry.

5)what are the legal actions both can face.

6)is there any way through which they could get away with penal provisions

7)can some anticipatory actions be taken to stop such marriage through courts.

8)if such marriage takes place can person other than boy, girl,and parents of both, file a complaint to declare such marriages as void.

9)what happens to marriage if boy and girl areconvicted.Does it gains validity after they have gone through the punishment.



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 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 May 2012

I have the following to opine :-

Such marriages are void ab initio i.e without any thing more, no complaint is required for this. 

Parties are subjected to a maximum of 2 months imprisonment as per S.18 HMA. 

However one way out for you is to hunt up a custom that allows such marriage in your community (there are local customs)It would be best for you to hunt up a custom - if there is a custom to that effect it would override the law. 

Feel free to talk !

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sneha vaidya (back office)     11 May 2012

Thank you sir for your kind help.

1)there is no such custom in our community.

2)we infact are opposing to such marriage

3)can we take anticipatory actions to stop such marriage.

4)If ever this marriage takes place will the guys be punished so that it sets an example before other youths.

JANAK RAJ VATSA (ADVOCATE)     11 May 2012

prevention is better than cure. punishment is certain, it's only a matter of time.

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(Guest)

between Boy father and girl mother has blood relation. Both are Hindu religion. Prohibited in Hindu marriage act.

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