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Rahul (Professor)     14 February 2014

Can i marry her in this relation tree?

I'm a Hindu in India. She is my uncle's daughter's daughter, only that my uncle is the son of the first wife of my grandfather and my mom is the daughter of the second wife of the same grandfather. Half of the people around say it is okay to marry her since her grandfather/mother are not directly related to my mom. Is this marriage valid under the Hindu marriage act? Is there any Indian act that forbids this marriage?



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 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 February 2014

Dear Rahul

Read the below mention section regarding your query carefully

(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;

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 construed accordingly.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     15 February 2014

Very well guided by MR.Nadeem.

It is also a fact that every state have its own customs, so better to talk to your local advocate. He may guide you the other solution. 

Good luck.

adv.kamal.grover@gmail.com


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