How to marriage with my father's sister's daughter


I was married as on 2016 in india according to arya smaj nd after that i registered my marriage under hindu marriage act. My wife is in germany now nd i applied visa to join my wife but after enquiry the german embassy send me a letter ur visa has been refused bcz u come under spinda relationship nd marriage according to hindu act is not legal bcz of spinda .
 
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Scientist/Engineer

What is the source of information for the German Embassy to say that (1) you are sapindas and (2) your marriage is not valid under the Hindu Marriage Act?   Two are supposed to be in Sapinda relationship if they have a common ancestor counting 5 generations on the father's side and 3 generations up on the mother's side, counting the person himself as generation-1. In your case your father's father is a common ancestor. He 3 generations behind you. He is 4 generations behind your wife. As the connection is through her father's mother (more than 3) she is not your sapinda for the purpose of law.

If both of you were in sapinda relationship how could you register under the Hindu Marriages Act, 1955? The fact that you were able to register itself is enough evidence that you are legally married.

Under the Act sapinda marriages are not valid unless such marriages are customary in a community.

This is vague and ambiguous. Your married is not valid but the marriage of a similarly related couple from the South is valid. This is discrimination. You make representations to the embassy. It will be pertinent to find out who advises the embassy on such matters.

I suspect that you got married without the approval of your families and hence that your families are against you.

 

 
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Not at all both the family members are agreed ... When enquiry comes in my house they said who is the vichola the vichola was my wife taaya ji nd we said his name then he said how you know him nd how he know to girl so from this situation the enquiry person said u r in spinda relation u r not legally married but i think we not come under spinda relations
 
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Scientist/Engineer

What I understand from what you write is this: A person from the Embassy came to inquire. You gave him the details. On the basis of information furnished by you, he came to the conclusion that you are sapindas and reported thus to the Embassy.  You represent to the Embassy that the person was not knowledgeable and that he was wrong. You produce your marriage certificate from the Registrar to the Embassy and claim that as yours is a registered marriage and hence a valid marriage. You can also give the reasoning given by me.

 
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But here i just want to know that is i am right that we r not in spindas relation bczz here are the famous lawyer available who can give me right firection so i can get the best result of my case...
 
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Scientist/Engineer

From your narration I conclude that the fact that your marriage is registered under the Hindu Marriages Act, 1955 is not known to the Embassy. If so, it would be enough if you make the Embassy know the fact of registration of your marriage. I feel the Embassy has acted based on half information or rather mis-information. You are not sapindas.

 
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Scientist/Engineer

The Embassy is not concerned with whether your sapindas or not. They are concerned with only whether yours is a valid marriage or not. As it is registered it is a valid marriage.

 
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