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himanshu (owner)     05 October 2014

Can i marry my father's cousin's daughter's daughter ?

DEAR SIR/MAM( LOWYERS CLUB INDIA..)

SUB: MARRIAGE ACT GUJARAT, INDIA

can i marry my father's cousin's daughter's daughter ?

exp: my father's uncle's daughter's girl ...

wait for best reply 



 13 Replies

Q Slinger (NA)     05 October 2014

Yes you can. Because she is not your immediate relative, eg. your sister or first cousin, you can marry her. 

 

It is not considered an incestuous relationship.

himanshu (owner)     06 October 2014

Ohh thank you soo much but Sorry she is my father's cousin's sister's daughter then???

Adv. Chandrasekhar (Advocate)     07 October 2014

Starting from you as first generation till the  common ancestor from male side 5 generations and from female side three generations come within "sapinda relationship" and marriage under Hindu Marriage Act is prohibited.  You - first, your father - second; your grand-father - third (he is the common ancestor and removed to only third generation  and hence it is sapinda relationship).  From girl's side - girl (first generation), her mother (second generation), her father (third generation), father's father (he is your grand father) fourth generation.  From her side it does not fall within sapinda, but from your side it is sapind and in my opinion, it is prohibited.  YOU CAN SEEK SECOND OPINION FROM OTHER EXPERTS.

Adv k . mahesh (advocate)     07 October 2014

There are following relationship which are prohibited in hindu law marriage: 

[ Degree Of Prohibited Relationship as per the Hindu Marriage Act, 1955] 
Mother. 
Father's widow (step mother). 
Mother's mother. 
Mother's father's widow (step grand-mother). 
Mother's mother's mother. 
Mother's mother's father's widow (step great grand-mother). 
Mothers's father's mother. 
Mother's father's father's widow (step great grand-mother). 
Father's mother. 
Father's father's widow (step grand-mother). 
Father's mother's mother. 
Father's mother's father's widow (step great grand-mother). 
Father's father's mother. 
Father's father's father's widow (step great grand-mother). 
Daughter. 
Son's widow. 
Daughter's daughter. 
Daughter's son's widow. 
Son's daughter. 
Son's son's widow. 
Daughter's daughter's daughter. 
Daughter's daughter's son's widow. 
Daughter's son's daughter. 
Daughter's son's son's widow. 
Son's daughter's daughter. 
Son's daughter's son's widow. 
Son's son's daughter. 
Son's son's son's widow. 
Sister. 
Sister's daughter. 
Brother's daughter. 
Mother's sister. 
Father's sister. 
Father's brother's daughter. 
Father's sister's daughter. 
Mother's sister's daughter. 
Mother's brother's daughter.

you can see the above table and decide in which you stand for 

Adv. Chandrasekhar (Advocate)     07 October 2014

The list is prohibited relationship.  In addition to this, sapinda relationship is also prohibited.  Sapinda relationship is defined as I explained in my earlier post.  Sapinda relationship (Section 5 (v) and prohibited relationship (Section 5 iv)both are different, even though the persons belonging to these two categories are not allowed to marry unless custom allows it.

Adv. Chandrasekhar (Advocate)     07 October 2014

I extract Section 5 of Hindu Marriage Act:

5. 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 1[(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 2[twenty- one years] and the bride the age of 2[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. 3* * * * * * * * *

himanshu (owner)     08 October 2014

Dear sir Thank you for your reply Just inform you that as you mention my side grand father is third but my grand father have one brother and that brother have one daughter and i want to marry his daughter's daughter... mean exempel 1. my father's cousin's sister's daughter.. Example 2. My grand father's brother's daughter's daughter

Adv. Chandrasekhar (Advocate)     08 October 2014

Who is the common ancestor for boy and girl? How many degrees he is removed from the boy counting the boy is first generation? If  it is less than five then that marriage is not valid. As per my counting it is within sapinda relation. 

himanshu (owner)     09 October 2014

dear sir marriage is not valid as you mention but can i marriage with her and goverment issue my marriage certificate...... like any special marriage 

Adv. Chandrasekhar (Advocate)     09 October 2014

Neither under Hindu Marriage Act nor Special Marriage Act, the marriage is not permissible.  But as per one Delhi High Court judgment, if both boy and girl convert into christianity and marry in the church, that is valid.  You find out, the church gives marriage certificate and it  is valid.  Because, as per christian personal law, the sapinda relationship is not there, and prohibited relationship is there and you both won't fall into that category.  Before taking such step, talk to the church father to find out the validity of the marriage. 

henriettarexach (New York City)     12 October 2014

ATTN PLS, am sending my testimony to everyone out there, that is either in my shoe or needs help one way or the other. My names is Henrietta, and i want to share with you all about my relationship breakup back then, which almost lead me to frustration and unhappy life experience. I was married to my ex divorced Husband 2 year and 11 months ago. My husband, I and and our pretty kid was happily living in peace and harmony. But, few months ago my Husband started acting strange to me. Unknown to me, he has been engaging him self online with another woman, which he was keeping from me as a secret. But few weeks ago, i caught him on our computer, mailing this woman. And, when i asked him who she was, he told me that, she was just a friend. The message conversation caught my attention and i decided to go through it. To my surprise, my husband have been dating this woman on my behalf for some period of time. Immediately, after i noticed that, i began to quarrel with him and all he could told me, was that he never loved me, that we should go for a divorce. I thought he was saying it from anger due to the situation at hand as at that moment. Because of the love i had for him, i never wanted to support it, although it happened, i still did not give up on him. I was looking for solution to get him back home. so i went in search on how i can get back my husband. Well, along my search, i saw a testimony of a woman on how Prophet Irabor was able to restore back her marriage home. Immediately, i copied the email address and decided to give a try. After following all the procedures and instructions given to me by Prophet Irabor, within the space of 2 days, my husband gave me a call and started begging me that he was sorry for what has happened between us. And because i love him so much, i quickly responded to him that i have forgiven him and told him to come back home. Me and my husband are now living happy married life again. All respect and honour to you Prophet Irabor, for the Help you have render to me and my family. Sir, i pray God Strengthen you...If you need his help, you can email him on (prophetiraborcharles@hotmail.com)

henriettarexach (New York City)     12 October 2014

ATTN PLS, am sending my testimony to everyone out there, that is either in my shoe or needs help one way or the other. My names is Henrietta, and i want to share with you all about my relationship breakup back then, which almost lead me to frustration and unhappy life experience. I was married to my ex divorced Husband 2 year and 11 months ago. My husband, I and and our pretty kid was happily living in peace and harmony. But, few months ago my Husband started acting strange to me. Unknown to me, he has been engaging him self online with another woman, which he was keeping from me as a secret. But few weeks ago, i caught him on our computer, mailing this woman. And, when i asked him who she was, he told me that, she was just a friend. The message conversation caught my attention and i decided to go through it. To my surprise, my husband have been dating this woman on my behalf for some period of time. Immediately, after i noticed that, i began to quarrel with him and all he could told me, was that he never loved me, that we should go for a divorce. I thought he was saying it from anger due to the situation at hand as at that moment. Because of the love i had for him, i never wanted to support it, although it happened, i still did not give up on him. I was looking for solution to get him back home. so i went in search on how i can get back my husband. Well, along my search, i saw a testimony of a woman on how Prophet Irabor was able to restore back her marriage home. Immediately, i copied the email address and decided to give a try. After following all the procedures and instructions given to me by Prophet Irabor, within the space of 2 days, my husband gave me a call and started begging me that he was sorry for what has happened between us. And because i love him so much, i quickly responded to him that i have forgiven him and told him to come back home. Me and my husband are now living happy married life again. All respect and honour to you Prophet Irabor, for the Help you have render to me and my family. Sir, i pray God Strengthen you...If you need his help, you can email him on (prophetiraborcharles@hotmail.com)

Sabita Murmu   17 August 2021

My mother's father is two brother can i marry with mother's father's brother granddaughter


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