(Querist) 04 June 2008
This query is : Resolved
Dear Sir, I am a boy and i want to marry my mother's sister's daughter. we both are above the legal age. we would like to know is there any provisions in INDIAN MARRIAGE ACT to get get our marriage registered.Please send me the procedure.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 04 June 2008
Yes, there is a provision to get registered marriage, but first of all you should tell me where you are residing.
SROTAS -Global Legal Services
(Expert) 04 June 2008
She is your sister. You cannot marry her. No provision for this kind of marriage in INDIAN MARRIAGE ACT. Drop this marriage proposal. No one will help in this marriage proposal.
Section 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 –
(ii) (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(ii) (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
(ii) (c) has been subject to recurrent attacks of insanity or epilepsy;
(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.
(vi) [XXXX] Omitted
6. [XXXXX] Omitted
Section 2 (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;
(f) (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” –
(g) (i) if one is a lineal ascendant of the other; or
(g) (ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(g) (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
(g) (iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children or brother and sister or of two brothers or of two sisters.
For the purpose 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.
(Querist) 05 June 2008
this is vikram bansal to Rakhi Budhiraja,I am residing at Guntur, Andra Pradesh.
(Expert) 06 June 2008
no, you cant get ino this marriage. it would be a null and void marrige.
(Expert) 21 June 2008
This marriage is prohibited under Hindu Marriage Act 1955 . Detailed provisions are already provided by Mr Yedul.