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;"
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.