Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RYAN (Student)     23 April 2013

Marriage

I want to get married to a girl whose descripttttion is as follows:

she is my  paternal grandmother's (Dadi) brother's daughter 

(my father's cousin)

she is of my age,

Is our marriage legally accepted by the Indian Law?



Learning

 8 Replies

Mango (Consultant)     24 April 2013

How you can marry your cousin sister, dude? It does not matter if you add your grand-grandfather name into this relationship to say that it's a long relationship but in reality, it's not.

 

I read it somewhere it's illegal to marry your blood relatives under hindu marriage acts....

RYAN (Student)     24 April 2013

excuse me she is nt my cousin sister...u dumbhead...and i dun wnt you to rply me.

she is my father's cousin.

I dun need ur suggestions on whats rite o wrong....jst wanna kno its legal or nt....

randomethic (Professional)     24 April 2013

She's your aunt, correct? 

Legally, you cannot marry her.

Reformist !!! (Other)     24 April 2013

@Author- You should not abuse anyone on open forum.

2nd point- Its illegal to marry ur father's cousin ie ur aunt.....Pls read HAMA for details.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 April 2013

Dear Querist

 

(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.

 

5. Conditions for a Hindu marriage.-

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

(i) neither party has a spouse living at the time of the marriage;

1[(ii) at the time of the 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 insanity 2[***];]

(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 the 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;


(Guest)

@Querist,

 

The answer to your query is in negative.

 

One more suggestion for you.Being a student as your profile says,you must stay polite while asking question.Politeness is a gentleman attritbute.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Adv k . mahesh (advocate)     24 April 2013

as said above legally not suggested to marry your father cousin may be she is of your age

but one thing i can explain that discuss before taking any such step with elders and decide and you will be the final decision maker 

RYAN (Student)     25 April 2013

Thank you so much Mr. Nadeem Qureshi, but i also wanna know that how can i marry her, is there any other religion like ISLAM, that allows us for the same.

Can we adopt any other way in India(statehood in another state, etc).


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register