Need suggestion

sir, kindly give some latest citation on divorce by wife under cruelty and disertion from her hsuband

Hello Rashmi.

For a valid Hindu marriage to be conducted there are several pre-requisites. One of them is that the parties should not be sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two. 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. This would therefore mean, that all relations from maternal grandmother side and all relations from your great-great grandfather, would be considered to be coming within the ambit of sapinda relations. Therefore, you cannot legally marry your mother’s aunt’s daughter’s son, under the Hindu Marriage act, as the two of you come within the ambit of sapinda relation.

-Regards

Advocate Pooja

www.lawkonect.com

The word "sapinda" is derived from the word "pinda" a rice ball. Pindas are offered to ancestors as obsequies. Two persons are sapindas if their ancestors are the same. Among Hindus pindas are offered to ancestors only on the patriarchal lineage and not on matriarchal lineage. Sapindas will belong to the same gotra and sagotra marriages are prohibited up to any number of generations. Hindu Marriage Act limits it up to 5 generations. Many persons may not know even their 5th generation cousins.

Though one offers pindas only to ancestors on the father's side, one performs obsequies to one's own dead mother also. When one offers pindas to one's dead father, fore-fathers up to a few generations upwards are also counted. If father is dead but mother is alive, patriarchal ancestors of the living mother are also counted. That may be the reason why marriage is prohibited between sapindas on the mother's side also. In any case among most communities in  India marriages between first or even second parallel cousins on the mother's side is prohibited even when they belong to different gotras. 

In your case your mother and the boy's mother are cross cousins. Hindu Marriage Act is silent on the permissibility of marriages between cross cousins and still less on the further descendants. In North India marriage between first cross cousins in prohibited. But in Maharashtra and further South such marriages are allowed.

I feel that as you are only children of first cross cousins, you can go ahead and marry your second cross cousin. There is no law to prohibit that,  to the best of my knowledge.

The word "sapinda" is derived from the word "pinda" a rice ball. Pindas are offered to ancestors as obsequies. Two persons are sapindas if their ancestors are the same. Among Hindus pindas are offered to ancestors only on the patriarchal lineage and not on matriarchal lineage. Sapindas will belong to the same gotra and sagotra marriages are prohibited up to any number of generations. Hindu Marriage Act limits it up to 5 generations. Many persons may not know even their 5th generation cousins.

Though one offers pindas only to ancestors on the father's side, one performs obsequies to one's own dead mother also. When one offers pindas to one's dead father, fore-fathers up to a few generations upwards are also counted. If father is dead but mother is alive, patriarchal ancestors of the living mother are also counted. That may be the reason why marriage is prohibited between sapindas on the mother's side also. In any case among most communities in  India marriages between first or even second parallel cousins on the mother's side is prohibited even when they belong to different gotras. 

In your case your mother and the boy's mother are cross cousins. Hindu Marriage Act is silent on the permissibility of marriages between cross cousins and still less on the further descendants. In North India marriage between first cross cousins in prohibited. But in Maharashtra and further South such marriages are allowed.

I feel that as you are only children of first cross cousins, you can go ahead and marry your second cross cousin. There is no law to prohibit that,  to the best of my knowledge.

The word "sapinda" is derived from the word "pinda" a rice ball. Pindas are offered to ancestors as obsequies. Two persons are sapindas if their ancestors are the same. Among Hindus pindas are offered to ancestors only on the patriarchal lineage and not on matriarchal lineage. Sapindas will belong to the same gotra and sagotra marriages are prohibited up to any number of generations. Hindu Marriage Act limits it up to 5 generations. Many persons may not know even their 5th generation cousins.

Though one offers pindas only to ancestors on the father's side, one performs obsequies to one's own dead mother also. When one offers pindas to one's dead father, fore-fathers up to a few generations upwards are also counted. If father is dead but mother is alive, patriarchal ancestors of the living mother are also counted. That may be the reason why marriage is prohibited between sapindas on the mother's side also. In any case among most communities in  India marriages between first or even second parallel cousins on the mother's side is prohibited even when they belong to different gotras. 

In your case your mother and the boy's mother are cross cousins. Hindu Marriage Act is silent on the permissibility of marriages between cross cousins and still less on the further descendants. In North India marriage between first cross cousins in prohibited. But in Maharashtra and further South such marriages are allowed.

I feel that as you are only children of first cross cousins, you can go ahead and marry your second cross cousin. There is no law to prohibit that,  to the best of my knowledge.