Hindu Marriage Act
Querist :
Anonymous
(Querist) 16 June 2011
This query is : Resolved
In a situation where the father has married second time, after the death of his first wife. IF the brother of the second wife marries the daughter from the first marriage of the father then the following may kindly be answered:
(i)Shall the relation of the couples are now, after the marriage of her father and second wife, be of Maternal uncle (mama) and niece?
(ii)Is a marriage of Maternal uncle and niece vaild under Hindu marriage Act?
(iii) Can the daughter claim property and service benefits, pension etc. from this sort of marriage?
(iv)Are the children born out of marriage illegal or illegitimate?
(v) shall the children born out of this marriage of maternal uncle and niece have benefit to their father's property, if illegal?
(vi) kindly quote relevant case/ judgement of Supreme Court or High Court?
PALNITKAR V.V.
(Expert) 17 June 2011
Some communities in Hindu religion permit marriage between maternal uncle and niece. Confirm whether it is permitted in your case.
In this case , the parties i.e. daughter and brother of second wife of her father are not related by blood. Hence, they may not come under prohibited degree. in my opinion, the marriage may not be illegal.
prabhakar singh
(Expert) 17 June 2011
THIS MARRIAGE DOES NOT FALL IN "SAPINDA PROHIBITION" BUT UNLESS RECOGNIZED BY CUSTOM I DOUBT IT CAN ESCAPE EVEN FROM EYE OF S.3(g)(iv)red with explanation (i) WHICH I REPRODUCED BELOW:
3. Definitions. (g) "degrees of prohibited relationship.................................
(iv) if the two are brother and sister, UNCLE AND NIECE , aunt and nephew, or children of brother and
sister or of two brothers or of two sisters ;
Explanation.-For the purposes of clauses (f) and (g), relationship
includes-
(i) relationship by HALF or uterine blood as well as by fullblood;.......................................
PALNITKAR V.V.
(Expert) 18 June 2011
The girl is not the daughter of the second wife. She is the daughter of the first wife. The so called uncle is the brother of second wife. In strict sense they can not be uncle and niece. There is total lack of any kind of blood relation between them from her real parents.
Advocate. Arunagiri
(Expert) 18 June 2011
The marriage is perfectly legal. They and their children can claim the rights over the properties at par with the other legal heirs.
