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Ramesh (manager)     27 January 2010

cousin Marriage

Hai, iam from tamilnadu and iam hindu. Iam in love( we both) with my first cousin( my mothers younger sisters youngest doughter) for past 10 years.  My family knows about our relastionship and are ok with it, but girls family is against. We know that legaly we cannot marry as per indian law, but my question is can we marry in any temple( with out registering our marriage) and live together. What will happen if girls parents lodge a police complaint? will the complaint be valid? Please help me, how can i tackle this situation?

Please tell me  What will happen if girls parents lodge a police complaint? will the complaint be valid? The girl is very much willing to live with me without bothering registrations.  Plz help me.

 



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 14 Replies

A V Vishal (Advocate)     27 January 2010

Under law there is no problem as you both are major, the police cannot be involved through a complaint, but there may be a few impediments.

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     27 January 2010

yes, you may go on llive together, it is neither valid nor invalid. you can not register yr marriage, under the law. i am in doubt, whether any purohit (clergy men) will do it while he came to know that a prohibited relationship existed between you and your would be wife.

If the girl is minor, then her parents can arrested you, and a rape charge may be framed against you. if adult then this will not happen. you may be defamed by your surroundings.

you may love her, but do not establish s*xual relationship - if it is possible.

we do not get many things in our life, what will happen, if one more add into it.

1 Like

N.K.Assumi (Advocate)     27 January 2010

In India amongst the Aroras of Punjab, there are some customs that permits marriage between the children of brothers and sister or children of two sisters and children of such marriage are regarded as legitimate children. If both of you have s* that may be regarded as incest a socially taboo, but so far to my knowledge there is no penal provisions punishing such acts under the Inian law if I am not mistaken.

1 Like

Ramesh (manager)     27 January 2010

Thank you all for your kind replies

What will happen if we move out from tamilnadu to other state and then get married ( say after some months of staying in the new state) as per law, by hiding that we are relatives? Please also suggest the best solution to our problem.  We both are major

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     27 January 2010

mr assumi,

in south india and orissa, in a limited groups, cusin marriages are allowed.in past it was, but now a days it is not encouraged. however if anybody feels it ok for him/her, rest world will not much interfere in this dissicion.

sec 5, hma

(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.

similar provisions are in SMA also.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     27 January 2010

when major, no problem. according to hindu marriage act it will be a void marriage

your marriage will attract sec 5 &11 of HMA.

NULLITY OF MARRIAGE AND DIVORCE

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 (i), (iv) and (v) of section 5.

i think in some groups of tamilnadu cusin marriage allowed. will confirm you latter on.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     27 January 2010

please read 'andhra & orissa border, and a few groups of gond of chattishgarh' instead of 'tamilnadu'

N.K.Assumi (Advocate)     27 January 2010

Dear Arup, thank you for the information.

K.C.Suresh (Advocate)     28 January 2010

Try not to marry from a prohibited relation ship. It is illegal. Next generation may suffer.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     28 January 2010

It is not exactly, the question of suffering the next generation; when a system followed longtime by the society, and there is a good cause behind it , normally we should not disturb it. in case of extrem hardship of one, it may be reluxed for a single time.

but the best judge of it is the persons concerned.

shreesidhi (se)     08 July 2010

 

Hi Arup,

Greetings for the day!

I need your advice regarding Sapinda Marriage for one of my close friend.

He has married a girl who is the third cousin from his Paternal side. The marriage is registered 3 years back but none of the family members are aware of it.

Can you please tell me how can we make this marriage a legal one so that none of the family members interfere or take any action against this. Can they get Police protection for this?

Also I have found a link online which states that marriage till second cousins is not legal. The document does not mention anything related to third cousins.

Please find the link below.

https://lawcommissionofindia.nic.in/reports/report212.pdf

Kindly guide us in this case & let us know if there is a way out.

Many thanks for your help.

Regards,

ShreeSidhi.

Sajid Sheikh (Student)     09 July 2010

My advice get converted to Muslim then it wil be valid....i think so ...bt nt sure....

Arup (UNEMPLOYED)     11 July 2010

for mr sreesidhi,

shariat also not allowed cusine marriage. wrong impression.

the said registered marriage is void and punishable under the special marriage act or the the hindu marriage act, whatever the case may be.

therefore it is advisible, it should not be publishied any more.

however live in relationship is open to them.

bearing the child also be a problem to them.

shreesidhi (se)     13 July 2010

Hi Arup,

Thankyou for the reply.

I need some inputs regarding the same.

As per our understanding, the Special Marriage Act has the provisions of marrying third cousins. Pls find the link below :

https://lawcommissionofindia.nic.in/reports/report212.pdf

The pdf document states that :

"Another important point worth noting here is that under the Hindu Marriage

Act 1955 marriage with second cousins (father’s first cousin’s children) is also not

allowed due to the restriction known as “sapinda” relationship [Section 5(v)]. The

Special Marriage Act 1954, however, does not place any second cousin in its two

lists of prohibited degrees in marriage." [Page No 19]

This document does not state anything about third cousins.

Kindly let me know your views regarding same.

Thanks for your help.

Regards,

ShreeSidhi

 


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