I am a Hindu. Can I marry my first cousin once removed from my mother's side. She is my mother's cousin (ie daughter of my mother's uncle). Can I marry her? Please reply
GO DESi 05 January 2022
I am a Hindu. Can I marry my first cousin once removed from my mother's side. She is my mother's cousin (ie daughter of my mother's uncle). Can I marry her? Please reply
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 06 January 2022
sapinda relations are not accept for hindu marriages
a person considered in relation to any of his or her three or sometimes six nearest lineal male ancestors or descendants.
GO DESi 07 January 2022
Sir please reply in detail...I can't understand that answer
Anaita Vas 10 January 2022
No. It is barred by law. Such marriage is illegal.
She is sapinda to you therefore you cannot marry her. Such marriage is valid for Christian. For the purpose of marriage, you can convert to Christianity and legally marry her.
As per Section 5 (v) of the Hindu Marriage Act, 1955, if the Hindu bride and the Hindu groom are "sapindas" of each other, the marriage between the two cannot be solemnized by law and will be legally void.
Section 11 of the Act declared marriage between sapindas as null and void.
Akhilesh v. State of Punjab is a case that invalidated sapinda relationship.
Regards,
Anaita Vas
Radhika Garg 11 January 2022
Since you are connected to her through the blood relation of your mother, here comes the boundation of sapinda relationship. The marriage between the two cannot be held valid by law and will be legally void.
Sapindas relationship with reference to any person extends as far as the third generation (inclusive) in the line of mother, and she is the second generation in the line when being traced upward through your mother. The parties should not be Sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two. Considering the Hindu Marriage Act,1955 the marriage results in being void when happens between the people sapindas to each other under section11.
The judgement of the caselaw Uma Shankar Prasad Parasari v. Musammat Nageswari Koeri And Ors. is the evidence of the rule stated above. It staes that the relationships sapindas to each other can't make a valid hindu marriage. Both parties should not be sapindas to each other for legalised valid marriage under Hindu marriage act,1955.
GO DESi 12 January 2022
If I marry under Sapinda relationship then who can void it,the family members or anyone inside or outside the family? What are the future problems should I face? Please reply sir 🙏
Read more at: https://www.lawyersclubindia.com/forum/who-can-voide-a-sapinda-relationship-marriage-222159.asp
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