Marriage between fourth paternal cousins.
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 13 February 2011
This query is : Resolved
This query was asked under queries and the answer of expert was No, which was wrong. I could not answer because I am not an accredited expert. But the answer "No" is wrong. The "No" answer is valid only according to Hindu scriptures and the khap panchayats of Punjab and Haryana. The Hindu Marriage Act prohibits marriage between first cousins only whether maternal or paternal or cross. Marrige between individuals beyond first cousin, whether maternal or paternal is permitted under all marriage Acts of Parliament. It is very unfortunate that so called experts only reply. Experts also can give wrong replies.
abhishek
(Expert) 13 February 2011
Experts are also human and there may be chances of mistakes in understanding your query and regarding personal laws there are different provisions related to marriage, divorce, maintenance,etc. subject to religion,customs.
Kirti Kar Tripathi
(Expert) 13 February 2011
Dear Ramanai.
My advise is before commenting on experts please read carefully the following provisions of Hindu Marriage Act.
Section 5 (iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
Section 5 (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
Section 2 (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.
Section 2 (ii) two persons are said to be “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;
Section 2 (g) “degrees of prohibited relationship” - two persons are said to be within the “degrees of prohibited relationship” –
(i) if one is lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii) if one was the wife of the brother or of the father’s or mother's brother or of the grandfather’s or grandmother’s brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew or children of brother and sister or of two brother or of two sister;
Explanation- For the purposes of clauses (f) and (g), relationship includes:-
(i) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate ;
(iii) relationship by adoption as well as by blood ;
and all terms of relationship in those clauses shall be constructed accordingly
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 13 February 2011
The original question was whether marriage between fourth paternal cousins was permitted.
The advice was “No” not because they were sapindas, but because they will belong to the same gotra.
You are quoting the law to say that between up to fifth generation sapindas on the father’s side marriage is prohibited. Also the generation has to be counted from the person concerned. Thus if they are second generation sapindas they will be brother and sister. A common grandfather means third generation sapindas and first cousins. Thus the fifth generation sapindas would mean third cousins. The question was marriage between fourth cousins and it is not prohibited under the law.
The word sapinda comes from the word pinda or rice ball, which is offered to crows, which are supposed to represent our ancestors. While performing pithrukarma one goes up to father’s great-grandfather, who will be the fifth generation ancestor under the law. On the mother’s side one offers pinda to the maternal grandparents, if mother was alive. If mother is dead pinda is offered only to the mother and not to her ancestors. Probably hence the law limits up to third generation only on the mother’s side.
The law, as it is, does not prohibit sagotra marriages and the persons to marry would not even know to which generation their common ancestor belonged. After the fifth generation there is a ritual, which can be performed to break the lineage. I myself do not know beyond second cousins on the father’s side.
There is no scientific basis even to prohibit marriage beyond second cousin, nor to limit to lesser number of generations on the mother’s side.
I was careful to do my homework, before giving my comments.
