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Myra...... (Operations Executive)     30 April 2014

Marriage with first cousin

Hi,

I'm a 26 years old woman intending to marry my first cousin( my father's younger brother's son). We are both Hindu Brahmins.

We have the same paternal grandfather but different paternal grandmother. This is because our fathers are step-brothers.(My father was born to my grandfather's first wife,and his younger brother was born to my grandfather's second wife).

We are in a serious relationship from 8 years and intend to get married. We are aware of the genetic problems that may result in our offspring and hence,are willing to adopt a child in future.

Kindly guide us and let us know if we can legally get married.

1. Does our relationship fall under the Prohibited relationship category of the Special Marriage Act?

 2. Will the marriage be legal under Special Marriage Act? If yes, what steps should we follow.

3. If not, kindly let us know if there are any other options that can help us get married.

4. Does our fathers being step-brothers give us any kind of favorable hope?

5. Can this relationship be challenged in court and what are the implications.

 

Many Thanks in anticipation.




Learning

 14 Replies

Dr J C Vashista (Advocate)     30 April 2014

It is prohibited under the provisions of HMA

K.K.Ganguly (Advocate)     30 April 2014

It is a prohibited relationship even if you have different parental grandmother.

satish bhaskar (Litigant)     30 April 2014

Love is all that matters. Nothing is impossible. This is just discrimination. Even in other marriages children can be born with defects or face health issues.

Solomon Raju (Advocate High Court of A.P.)     30 April 2014

It falls under prohibited degrees of relationship...and the marriage is not legal under law...better think again...because if there are any legal consequences in future, you have to unloop many loops....

satish bhaskar (Litigant)     30 April 2014

I don't feel it falls under the prohibited relations category of the Special Marriage fact as their ancestor is defined as father and ancestress as mother. Just don't marry in Arya Samaj style or under Hindu Marriage Act. Special Marriage Act is the best option.

Advocate Ravinder (Advocate/Attorney)     30 April 2014

I agree with vashista and ganguly.  Since you both are Hindus, Hindu marraige Act  will apply and not special marraige Act.  Sec 3 (g) of Hindu marraige Act defines Degrees of Prohibited relationship. 

satish bhaskar (Litigant)     30 April 2014

The Special Marriage Act, is legislation to provide marriage, irrespective of the religion or faith followed by either party.

Advocate Ravinder (Advocate/Attorney)     30 April 2014

To Satish Chopde,

Even as per Special marraige Act, the rules are almost similar to Hindu marraige Act.  Sec. 4(d) and 24 of Special marraige Act deals with Prohibited relationship. 

K.K.Ganguly (Advocate)     30 April 2014

1. Law does not go with someone's 'feeling' or jargons like 'love is all that matters' or 'nothing is impossible' etc.,

 

2. The 'do's and dont's' have already been specified in the Acts which have been enacted after lots of thoughts, debates & years of brain storming,

 

3. We individually can not reinvent or redifine law as per our sweet wish. 

satish bhaskar (Litigant)     01 May 2014

Both Ganguly and Ravinder are using jargon, while Vashista has been precise.

T. Kalaiselvan, Advocate (Advocate)     01 May 2014

Mr. Satish Chopde should refrain from misguiding people if  he is not  aware of the law of the land, should not have scant or disrespect  the law.  Also should refrain from mentioning any derogatory words against the advocates here who are sparing their valuable time to address and give proper opinions and suggestions to the needy and distressed approaching this forum.  The advocates here are doing charity service and they should not be commented by such cheap comments, please mind your language or else you will be taught how to behave in public especially with the advocates.

Now to the querist's query, you have been properly advised that your relationship comes  under the prohibited category under the provisions of HMA or Special Marriage act, thereby rendering that any marriage performed thus will be null and void.

Adv. Chandrasekhar (Advocate)     01 May 2014

i am against such marriage.  but i will show you a legal solution to your problem.  both of you convert into such religion, i.e., muslim religion before marriage and after conversion get married according to their customs and rites.  you will get due certificate of marriage also.  you can contact even christian father also who can guide you that if that religion permits such marriage or not.  if that religion permits so, you can go for it.  the same thing happened in delhi. one civil judge had fallen in love from very young age with one of his close blood relation, who falls in prohibited relationship and their marriage request was spurned by groom's father, who was a famous advocate.  then both groom and bride converted into christianity and got married.  the father taken his son, civil judge to court against the marriage and the hon. delhi high court upheld the marriage (justice suresh kait's judgment) and passed severe strictures against the father with heavy penalty for contesting the case and spoiling harmonious matrimonial relationship between husband and wife by thrusting his moral principles on the society.  i further add that even in such prohibited relationship marriages also it is not neccessarily offspring wiil come out with genetical defects.  you can take appropriate medical advice at appropriate time.  only one question before both of you is whether love or reliogion, which is upper hand in your mind and future life.  if you are not that much attached to the religion in which you were born, you can go for your love life without qualms.

wish you best of luck.

Anand Bali Adv. (Advocate Solicitor & Consultant)     03 May 2014

As per the Hindu marriage Act it is a prohibited relationship and no marriage can be held between two.

It is possible only when there is come tradition in your sect of getting married to your first cousin. Which in fact not.

Special marriage act is not for the special persons who being a Hindu wants to break the barriers of Law. It is for the Christians and other sect people who are not Hindu and Muslims or having any coded law of marriage of their own. So there is no question of its pplicability. You are a Hindu and only Hindu marriage Act 1955 will prevail on your marriage.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Email: advicelaw1@gmail.com

Ph: 9582144748.

Anand Bali Adv. (Advocate Solicitor & Consultant)     03 May 2014

As per the Hindu marriage Act it is a prohibited relationship and no marriage can be held between two.

It is possible only when there is come tradition in your sect of getting married to your first cousin. Which in fact not.

Special marriage act is not for the special persons who being a Hindu wants to break the barriers of Law. It is for the Christians and other sect people who are not Hindu and Muslims or having any coded law of marriage of their own. So there is no question of its aplicability. You are a Hindu and only Hindu marriage Act 1955 will prevail on your marriage.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Email: advicelaw1@gmail.com

Ph: 9582144748.


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