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AJAY (dfdfdsf)     20 January 2010

Marriage to Second cousin

 I love my father's cousin brother's daughter. I want to know does under HINDU MARRIAGE ACT the marriage is legal or not. Any quick reply is needed. Thanks.



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 13 Replies

Suchitra. S (Advocate)     20 January 2010

Sir, your proposed girl comes under sapinda relationship with you and so, it will be violative of S.5 of the HMA. Marriage between sapinda's is prohibited under the Act. But if your custom allows such marriages, then court can consider it as vaild. Otherwise not.

DR.SANAT KUMAR DASH (Eye Specialist)     20 January 2010

 I     AGREE     WITH     SUCHITRA      &      ALSO     VENKATESH.

AJAY (dfdfdsf)     20 January 2010

 I totally agree to what you said as per HMA what i know is I cannot marry till my fourth cousin from father's side and till second cousin from my mother's side but in us marriage with my father's real sister's daughter or son is accepted but that is again first cousin relationship then how the marriage is registered in court in this case. and is permitted under HMA.

Suchitra. S (Advocate)     20 January 2010

That is what I said earlier. The S.11 speaks about sapinda relationship is prohibited but if the custom approves of such relationship, then the marriage becomes valid one. You have to support with evidences and convince the court that your marriage with your relative is approved by custom. Though the section speaks about prohibiting marriage within the sapinda relationship, court approves of it only if,  it is backed by customary practice.

DR.SANAT KUMAR DASH (Eye Specialist)     20 January 2010

 IF     YOUR   CUSTOM       APPROVES   SUCH  TYPE  OF    MARRIAGE,      THEN     YOU   CAN   MARRY.   OTHERWISE    NOT.

Suchitra. S (Advocate)     20 January 2010

I agree with Venkatesh. Somebody is referring to same website for every query. I dont understand what for we all are here for..  :)

mohammed ameenuddin (law aspirant)     21 January 2010

What is Registered Marriage and what are its conditions. Is registered marriage is permissible within the community.

Suchitra. S (Advocate)     21 January 2010

A  valid marriage in the eyes of law can be registered and it is now compulsory to register one's marriage.  Conditions of a valid marriage common for every religion are, persons who marry should have attained majority, they shold be of sound mind. and they should not have a spouse at the time of marriage. Hindu Marriage Act says persons cannot get mariied if they are sapindas. But law accepts marriages among relatives only if it is proved that it is a customary practice followed. In such conditions that marriage can also be considered valid and can be registered. Otherwise not.

abraghav (Manager)     02 November 2010

Can i marry my mother's mother's brother's Son's daughter (second cousin) per Hindu act? Also what are the problems we will face?

kriti097 (Associate)     27 June 2012

Can I marry my father's mother's mother's (my father's grandmother) brother's son's son. Please advice.

Krishna (student)     13 May 2014

hi everyone. I love my grand father's sister's son's daughter a lot. We met first time in 25 years in pune last year. Can I marry her according to law of India's constitution. She is also ready for this. But parent's are not getting convinced as we belong to maheshwari samaj. And she is also afraid of her parents.Please do help me out here...


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