Civil Procedure Code (CPC)

Second cousin marriage

This query is : Resolved 
 

Online (Querist)
25 January 2011

I want to marry my fathers--> mothers-->sisters-->sons--> daughter. Is it possible in india(Karnataka)? Please advice me.


R.Ramachandran (Expert)
25 January 2011

Both the parties are not within the prohibited degree of relationship. As such, yes you can marry.

Advocate. Arunagiri (Expert)
25 January 2011

I fully agree with Mr.R.R.

Parveen Kr. Aggarwal (Expert)
25 January 2011

Section 5 of the Hindu Marriage Act, 1955:

"5. Conditions for a Hindu marriage:- A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the marriage,
(ii)at the time of the marriage, neither party-
(a)is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b)though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such
an extent as to be unfit for marriage and the procreation of children; or
(c)has been subject to recurrent attacks of insanity or epilepsy;
(iii) the bridegroom has completed the age of twentyone years and the bride the age of eighteen years at the time of the marriage;
(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;
(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 3(f) and (g) of the Hindu Marriage Act, 1955:

"(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 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;

(g) "degrees of prohibited relationship"-two persons are said to be within the "degrees of prohibited relationship"--
(i) if one is a 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 brothers or of two sisters;"

Adv.Shine Thomas (Expert)
26 January 2011

You can marry.

SanjeevOnline (Querist)
26 January 2011

Thanks for the responses...

But just to clear some points...

1.Can I register this marriage..?
2.Prohibited relationship doesn't include second cousins?
3.Father's mother's sister's son's daughter
is my second cousin right?
4. So this is legal?

Please share your views. So that I can justify this with the parents.

abhishek (Expert)
26 January 2011

yes, the marriage is legal and it can be registered.

R.venkatesh Naidu Online (Expert)
27 January 2011

i agree mr.parveen Kr. Agarwal advice

preet (Expert)
27 January 2011

u have full rights as this relation is of very far. Just enjoy ur life.

M V GuptaOnline (Expert)
27 January 2011

I am afraid you cannot marry the Girl as she would be in a prohibited degree under the HM Act as well as the custom and usage governing in the state of Karnataka:
Your father's mother is ur grand mother(gm1) and hence her sister becomes your grand mother(gm2). Therefore gm2's son becomes your chacha (uncle) and his daughter would be your sister. That is why your elders must have been objecting for ur proposal. The marriage in my view is highly prohibited. Please desist from it.

Parveen Kr. Aggarwal (Expert)
27 January 2011

You can get the marriage registered. There is no prohibition.

The law does not provide in terms of first cousin or second cousin. It specifically defines the degrees of prohibited relationship. The marriage is legal.

SanjeevOnline (Querist)
01 February 2011

If marrying fathers sisters daughter/son(who are the first cousins) is legal then why it is illegal to marry fathers--> mothers-->sisters-->sons--> daughter?

The major reason is it will affect to the child which we going to have. Other than this is there any major problems?

If we both are agreed to marry each other then I think we should marry.

Sri Vijayan.AOnline (Expert)
03 February 2011

Legally, there is no bar.
But what about ur custom. Both of u r brother and sister.
Regarding ur custom, u have to consult ur family.

SanjeevOnline (Querist)
08 February 2011

Father's sisters son/daughter will also become brother/sister,but in our custom we can marry him/her but why cant I marry my second cousin?

Is there any couples that you people know who married their cousins?



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