marriage between first cousins- lagal?
padmaja vishwanathan
(Querist) 16 October 2009
This query is : Resolved
is it legal to marry first cousins in tamilnadu for christians
Marriage between first cousins. (i.e) father's brother's son (or) father's brother's daughter
Special Marriage Act 1954 allows for christians to marry cousins under a special dispensation from church. Also i read about state government gazette should also agree to this.
So what are the rules for this kind of marriage?
so is it legal? many websites bluff about this. i really need an answer. please help
with regards
Raj Kumar Makkad
(Expert) 17 October 2009
As special marriage Act permits such type of marriages in Christians so there cannot be any notification against the basic rule hence go on as no hurdle is lying thereon.
padmaja vishwanathan
(Querist) 17 October 2009
but the problem here is they are referred as brother-sister in custom. since this is a case for father's brother's son (or) father's brother's daughter.
on the other side of it- father's sister's daughter (or) mother's brother's son are not considered as brother-sister.
so a marriage between father's brother's son will be considered as against tradition and termed as brother-sister marriage among common public.
sorry to ask again. is it legal? since the situation can be termed as brother-sister marriage
Sachin Bhatia
(Expert) 17 October 2009
The Special Marriage Act-1954
Sec 4. (d) the parties are not within the degrees of prohibited relationship:
Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship:
Adinath@Avinash Patil
(Expert) 18 October 2009
UNDER SPECIAL MARRIAGE ACT SECTION 4[D] IT IS CLEAR THAT YOUR QUERY IS NOT PROHIBITED BY LAW,HENCE THERE IS NO BAR TO MARRY WITH FIRST COUSIN
SANJAY DIXIT
(Expert) 25 October 2009
The Special Marriage Act, 1954
Schedule 1 Degrees of Prohibited relationship.
THE FIRST SCHEDULE
[See section 2 (b) "Degrees of Prohibited relationship"]
PART I
1. Mother
2. Father's widow (step-mother)
3. Mother's mother
4. Mother's father's widow (step grand-mother)
5. Mother's mother's mother
6. Mother's mother's father's widow (step great grand-mother)
7. Mother's father's mother
8. Mother's father's father's widow (step great grand-mother)
9. Father's mother
10. Father's father's widow (step grand-mother)
11. Father's mother's mother
12. Father's mother's father's widow (step great grand-mother)
13. Father's father's mother
14. Father's father's father's widow (step great grand mother)
15. Daughter
16. Son's widow
17. Daughter's daughter
18. Daughter's son's widow
19. Son's daughter
20. Son's son's widow
21. Daughter's daughter's daughter
22. Daughter's daughter's son's widow
23. Daughter's son's daughter
24. Daughter's son's son's widow
25. Son's daughter's daughter
26. Son's daughter's son's widow
27. Son's son's daughter
28. Son's son's son's widow
29. Sister
30. Sister'sdaughter
31. Brother's daughter]
32. Mother's sister
33. Father's sister
34. Father's brother's daughter
35. Father's sister's daughter
36. Mother's sister's daughter
37. Mother's brother's daughter
Explanation.—For the Purposes of this Part, the expression "widow" includes a divorced wife.
It is clear that both fall under the prohibited relationship (sl. no. 34). Hence the marriage would not be legal.
Poonam Upadhyay pathak
(Expert) 26 November 2009
under special marriage act 1954, the marriage between first cousin is legal and where the custom permits them to get marry.
