Marriage with mother`s brother

Querist : Anonymous (Querist) 22 June 2010 This query is : Resolved
The practice of marrying mother`s brother is prevalent in South India(Maternal Uncle). Are such marriages are valid and legal? is this relationship not under `PROHIBITED RELATION` under Hindu Marriage Act of 1955?

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Daksh (Expert) 22 June 2010
Dear Anonymous,

The Hindu Law is governed through the two branches i.e. Mitakshara & Dayabhaga.

To my mind this is a case coming under Dayabhaga - as such if the rituals permits the same it does not comes within the prohibited degree of relation.

Best Regards

Daksh

Guest (Expert) 22 June 2010
Section 5 (iv) says - "the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marrigage between the two;

(v) the parties are not spaindas of each other,unless the custom or usage governing each of them permits of a marrigage between the two;

Hence, if custom or usage is there for such marriage, it is not void marriage.

A. A. JOSE (Expert) 22 June 2010
Both the experts have been rightly answered the issue and I endorse the same view.

Raj Kumar Makkad (Expert) 22 June 2010
I do agree with prabhakar.

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