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Cousine marriage

(Querist) 26 March 2012 This query is : Resolved 
can i marry my first cousine she es daughter of my fathers brother?is it acceptable?va cannot live without each other?wether the law permitting this one?if v r settled outside india can v live?wat action wil takes place against us?
ajay sethi (Expert) 26 March 2012
are you a hindu? marraige within first cousins come within the prohibited degree of relationship . you cant marry her
Adv.R.P.Chugh (Expert) 26 March 2012
Dear Querist,

The Parties are 'sapindas' to each other. As per general principle you cannot marry. Any marriage will be void and of no effect in the eyes of law. May even subject you to punishment under section 18 of the HMA.

However if you are able to prove a custom among your class/caste/tribe whereby such marriages are sanctioned.

If you are not sure whether there is a custom of that sorts. Consult a local lawyer who may refer to precedents/riwaj-i-am/wajib-ul-arz (books of customs [Simplistically]) of your area to check.
I.S.Roy,Advocate (Expert) 26 March 2012
marriage within first cousins come within the prohibited degree of relationship . you cant marry her
R.K Nanda (Expert) 26 March 2012
You cannot marry.
R.Ranganathan (Expert) 27 March 2012
Such marriages are prohibited under the laws of the land. So you cannot marry.
SAINATH DEVALLA (Expert) 27 March 2012
Dear Ajay,

As Human beings we have been inherited with some values by our forefathers,which we have to respect.We have some intimate relatioships like father,mother,brothers and sisters,sons and daughters,with whom we can't act as we do with others.Your father's, brother's daughter is as close as your own sister.Hence remove that idea,and respect the values.Moreover don't leave your family to lead a secluded life,away from the society.

Iam giving you section 18 of Hindu marriage Act.


The Hindu Marriage Act,1955


18. Punishment for contravention of certain other conditions for a Hindu marriage.-


Every person who procures a marriage of himself or herself to be solemnised under this Act in contravention of the conditions specified in clauses (iii), (iv), 1[and (v)] of section 5 shall be punishable—



2[(a) in the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both;]

(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both; 3[***]



Raj Kumar Makkad (Expert) 27 March 2012
Such marriage is not permitted if you are Hindu.
J K Agrawal (Expert) 28 March 2012
I agree with all my friends. It is prohibited in law and said to be sinful in Hindu Shashtra. It is prohibited as per rule of Science also. But there are a lot of instances in hindu religious books where there is reference of such type of marriage under prohibited degree. They has dealt with this type of problem.

If you do not want to follow rules of civil society why do you want to be called as civilized?

You have a good idea to go foreign country. Where no body knows you. You can live there easily until you do not say any body that you have make this wrong.

Please get advised from some more intelligent persons as we are simply lawyers and do not know such complex deals.


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