Legal issues with first cousin marriage

Marriage is illegal.

Police cannot arrest you and your husband , because it is not a criminal offence.  IN case if your parents files any case against him then it is possible.   

If you want to nullify the marriage go for it.    His visa wont be cancelled because who has to file complaint against him?  yourself.  When there is no complaint against him by you  how come his visa will be cancelled.

IF U R HINDUS THEN YR CASE IS COVERED UNDER SECTIONS 5 & 11 OF HINDU MARRIAGE ACT. IT IS NO MARRIAGE IN THE EYES OF LAW, JUST A MUTUAL ARRANGEMENT, SO NO NEED TO APPLY FOR NULLITY. IT WILL BE FOOLISH. `A BAIL MUJHE MAR'.THERE IS NO SUCH BAN FOR MUSLIMS. BOTH OF U BEING MAJORS, PARENTS OR POLICE OR COURTS CAN NOT INTERFERE AT ALL. NO ONE CAN INTERFERE IN YR PERSONAL LIFE. WARN THEM STRICTLY. U HAVE FULL RIGHT TO PREVENT BEING HARASSED. ALWAYS REMEMBER-MIAN BIWI RAAZI TO KYA KAREGA KAZI. PLEASE TRY NOT TO CONCEIVE DUE TO GENETIC PROBLEMS. IN LIFE, IT IS GOOD TO FALL IN LOVE AND LIVE HAPPILY EVER AFTER THAN TO BOTHER FOR JEALOUS PERSONS. ONCE MARRIED, TRY TO LIVE TOGETHER RATHER THAN BEING APART. ALWAYS AT YR HELP. R N DATT BARODA INDIA 9426561072 rndatt@rediffmail.com. PROBLEM WILL COME ONLY IF YR HUSBAND LEAVES U. U WONT BE ABLE TO GET BENEFIT OF LAWS PROTECTING LADIES. NOTHING ELSE.

While marriages within sapinda relationship are prohibited,by custom such marriages may be valid. In South India marriages between first cousins (children of brother and sister) and between uncle and niece (sister's daughter) are valid by custom.

Thank you so much for ur replies.. I have some follow up questions. 1. if my parents complain in the police station that we both are married and it's illegal what possible action ma the police take against us? 2. I remember seeing in one of the forums that Hindu marriage act law says "only either of the two parties (me or my husband for instance) can file a petition for nullify of our marriage and third person can't be involved".so if in case my parents file a court notice against us challenging our marriage I know court will say we are illegally married but what possible actions can they take? 3.we are not going to nullify our marriage but we want to be prepared..how long it does that take to nullify a marriage if both of us apply for it? I have too many confusions because now I feel my parents are not compassionate I thought..I understand what they r going thru but can never imagine they would kill me or my husband for this..I lost all my faith over and I have come to a point where I may need to face what they pose against me..my husband is courageous but it kills me that he has to go thru all of this because of my parents Please reply point by point..I will be very grateful for your time and effort put only question..thank you so much in advance

FORGET TO APPLY FOR NULLITY

POLICE WILL NOT ENTERTAIN YR PARENTS

U R FAR AWAY ANYWAYAND INDEPENDENT

U WILL PROBABLY SETTLE FAR AWAY ONLY

SO WHY BOTHER

see madam what u do is first nullify ur marriage ok ,

then change ur religion to muslim or to christianity, as indian christianity law and laws of many countries doesn't prohibhit such marrige, but some do , search on the web for that

but indian christianity act is silent about that

after changing the religion u can marry as a christian or muslim and it will be a valid marriage as u are no more hindus and Hindu marriage act doesn't apply

for further clarity mail me at mt4000a@gmail.com

https://www.lawyersclubindia.com/blog/show_post.asp?blog_posts_id=461

https://www.lawyersclubindia.com/blog/show_post.asp?blog_posts_id=467

https://www.lawyersclubindia.com/blog/show_post.asp?blog_posts_id=478

please go through the above first.

5. Conditions for a Hindu marriage.

5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

 (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

NULLITY OF MARRIAGE AND DIVORCE : SEC 11. Void marriages.

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (iv) and (v) of section 5.

18.Punishment for contravention of certain other conditions for a Hindu marriage.

Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iv) and (v) of section 5 shall be punishable –

(a) in the case of a contravention of the condition specified in clause (iii) of section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both;

(b) In the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;

A VOID MARRIAGE IS ‘ NO MARRIAGE ’ IN THE EYES OF LAW.

Cousin  n. Also first cousin; child of one's uncle or aunt.

Cousin marriage prohibited & void under the Hindu marriage act vide sec 5 (iv) & sec 11 unless the custom or usage governing each of them permits of a marriage between the two. Some parts in India it is allowed, in a very restricted manner. It is socially hatred thing in other parts of India. It is punishable u/s 18 of HMA.

under these circumstances live in suitable.

party in a void marriage are alaways free to marry at any time and even without declareing the marriage voide through a court of law.

" From that day till now we are just continuing to live only in phone... "

- now you may declare that the said relationship, no more existed and your parents will get relief mentaly.

My dad threatens to kill my husband

- it is penal offence.

in india a strong opposition is there against such relationship. ref to khap panchayet etc.

" they are threatening to complaint in the police station that we are illegally married."

- yes they may do it.

1. Can the police arrest us both since its illegal marriage as per hindu marriage act,if my parents complaint?

---   not directly. they require court's order, for which you will be noticed.

2. I am planning to nullify my marriage myself and then start living with him without marriage to solve these legal issues.Is this a good idea? If we both file a case for nullify will court arrest us because we married illegally?

--- it is not a good idea but practical one. it is ' live in' relationship. as it is a void marriage, you may go to court for declaring it void. your plea will be - due to lack of legal knowledge you did it. no arrest for it because you yourself surrendering before the court, to rectify a fault did unknowingly. but if you gave any false information before the marriage register that will be caught. if you do not go to court for declaration, then also no problem, because it is already void.