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Counsanguinity

Hi, I am 29-year-old woman and in a long distance relationship with my 33-year-old first cousin (my father's sister's son) for past 10 years. We both wish to marry with/without kids. My questions are:

1. What legal charges will we face if we get married in a temple?

2. We both are proud Hindus and don't plan on changing our religious beliefs/practices for the sake of marriage. Is it possible to continue staying married without kids and legal troubles?

3. What is a void marriage?

4. A complete hysterectomy will suffice in the eyes of law for us to live a peaceful married life?

5. If we file a fresh petition for first cousin marriage, what is the probability of success in our favour?

6. What happens if we don't register our marriage at all nor do we marry anyone else?

7. If we get married overseas where the relationship is not prohibited and then return to India, will this marriage remain void or get registered?

8. The prohibition is solely chosen due to child's birth defects?

9. If marriages and love is legalised for lesbian and gay couple, why can't we have the freedom to choose our spouse too?

We as first cousins are in love just like any other couple and we don't intend to hurt anyone's beliefs or feelings in any way. We are mature enough to understand the difference between incest and love because we are in a long distance relationship for past 10 years and neither we have fallen for someone else nor the feelings of belonging and attachment have faded away. Our relationship would sound to be one of a kind but it is just like any other relationship. The pain of being torn apart is real. The caring is real. The patience and hope is real. The love is pure. I don't know how far my message will transcend but, I want to request people not to pin us down into "special marriage" couple or visualize us as diseased/ill. Also, stop sending hatred our way. We don't expect u to understand us. Thankyou in advance.

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2 Replies

Dr. J C Vashista (Advocate ) 07 April 2024

It falls under prohibitory spinda as provided in Section 5 (v) of Hindu Marriage Act, 1955 which reads as,

Section 5 in The Hindu Marriage Act, 1955

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;

(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 ***;

(iii)the bridegroom has completed the age of twenty-one years and the bride, the age of 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;

T. Kalaiselvan, Advocate (Advocate) 07 April 2024

1. Getting married to your father's sister's son is not prohibited and it is very common in Tamilnadu, hence if it is not objected by your community then on the basis of prevailing customs in your society, this will be recognised as legally valid relationship for marriage.

2.. A Hindu getting married to another hindu is legally valid provided either of you should not have a spouse living at the time of contracting this marriage and both should be of marriageble age.

3. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate

4. A hysterectomy is a surgical procedure that removes your uterus. What is this doing here in this type of marriage?

5. Where are you going to file a petition for getting married?

You cannot file any petition seeking court of law's permission to get married.

6. Registration of marriage has been made mandatory in India, however the marriage solemnised observing all the proper rituals and procedures followed by Hindu religion will be considered as legally valid marriage hence if you plan to marry someone else in future after this, then you have to get your this marriage dissolved by a decree of divorce.

7. Unless you register your marriage solemnised in a foreign country in India immediately then it will not be treated as legally recognised marriage in India

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