Second cousin marriage
Yogesh
(Querist) 16 December 2014
This query is : Resolved
Dear Experts,
I am staying in Karnataka. I have some questions on second cousin marriage in Karnataka
1. I want to marry My Father's Mother's Sister's Son's Daughter. According to HMA this is valid but acc to Special marriage act this relationship comes under Sapinda. SO if we marry as per HMA and if someone files a case under special marriage act how this case will be handled? Will this marriage becomes nullified? Because in one law it is valid and in other it is invalid?
Also let me know if this marriage can be done.
2 It is allowed to marry Father's sister's son/daughter and Mother's Brother's son/daughter...do we have this mentioned anywhere in the Karnataka marriage act? please help me getting clearly written law as per Karnataka gov reg Cousin marriage.
3.Court says if custom allows then Cousin marriage is allowed...how do we prove that cousin marriage is allowed in custom? Is some where it is written?
Thanks all for Your expert opinions in advance.
Devajyoti Barman
(Expert) 16 December 2014
In southern India marriage among such relations is valid since these are approved by prevalent customs.
P. Venu
(Expert) 16 December 2014
Special Marriage Act is meant for Special Circumstances i.e. for persons belonging to different religions.
ajay sethi
(Expert) 16 December 2014
Section 5(4) of Hindu Marriage Act, 1955, says a marriage may be solemnized between any two Hindus, if the parties are not in a prohibited relationship, unless the custom or usage governing each of them permits a marriage between the two.
if as per HMA it is valid and both parties are hindus your marriage would be valid in eyes of law
malipeddi jaggarao
(Expert) 19 December 2014
Mr.Ajay Sethi rightly quoted Section 5(4) of Hindu Marriage Act, 1955, says a marriage may be solemnized between any two Hindus, if the parties are not in a prohibited relationship, unless the custom or usage governing each of them permits a marriage between the two.
The quoted relationship does not come under probibited relationship. Hence if you marry under HMA, it is valid. The provisions of Special Marriage Act do not apply if this marriage is under HMA.
Apart from the above, if this is against the custom in your community, though the marriage is valid, you will be looked down in your community circles and society. Take a careful decision. Parents may also be against this proposal.
T. Kalaiselvan, Advocate
(Expert) 23 December 2014
The relationship you have mentioned is that your father's mother (your grandmother)sister (another grandmother)son ( who by relation is brother to your father) daughter (means equal to his daughter to your father) will be a sister to you in relationship, thus coming under prohibited relationship; How do you say it is valid under Hindu marriage act?, Go through the provisions once again and come back with the query.
malipeddi jaggarao
(Expert) 23 December 2014
@Expert Mr.Kalaiselvan - I have gone through the list - list is specific and this relation does not appear under prohibited relationship. Ofcourse, morally, she is equal to cousin sister and their community might not accept such marriage.
T. Kalaiselvan, Advocate
(Expert) 24 December 2014
For the information of expert Mr. Malipeddi Jagga Rao, I shall reproduce the following, which will explain the relationship in question:
Before that a simple reason that why this is prohibited by law:
This clause prevents marriages between prohibited degree of relationships and sapindas. This provision has a scientific base because the prevention of a marriage between persons of prohibited degree of relationship or sapindas, will actually prevent the birth of physically deformed children or deaf, dumb and blind children, because the possibility of delivering such children is more in marriages between persons of prohibited relationship and sapindas.
The provisions of related law of the act is :
Section 3 (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 "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;
If you go through I schedule Part I, you will find the list [ DEGREE OF PROHIBITED RELATIONSHIP]mentioned as Father’s brother’s daughter.
I believe I made my point clear, you may give your opinion otherwise.
prabhakar singh
(Expert) 24 December 2014
I want to marry My Father's Mother's Sister's Son's Daughter.
NO! YOU CAN NOT DO SO EITHER UNDER HMA OR UNDER SMA.
malipeddi jaggarao
(Expert) 24 December 2014
@ Expert Mr.Kalaiselvan ji - I have gone through only the list, hence the error crept. I fully agree with you and correct myself. Regret for the error.
