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Dipayan (NA)     28 March 2015

Cousin marriage

Sir,

I am Dipayan. I live in West Bengal and I am in love with my uncle's daughter(father's brother's daughter).We both love each other very much and have decided to get married.

I have  a few questions regarding the same.

1. Can I get registry done for this marriage? Will it be valid?

2. Can our parents file a case against us in future? What will be the consequences of such a case on our married life?

3. Will she get a legal status as my wife?

4. Will she be able to inherit my property after marriage? My pension and all those things?

Please help. We are very clueless. We both are bengalis and haven't seen such a marriage before in our community.



Learning

 9 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 March 2015

Sir,

 

Since you both are Hindus, the relanship will fall under the Sapinda. 

 

Otherwise there is no problem in getting married and you both will have all rights as per law.

 

Regards

Kapil Chandna Adv

9899011450

1 Like

Adv. Chandrasekhar (Advocate)     28 March 2015

Under Hindu Marriage Act, your marriage is void.  But if you both are at present unmarried, and convert to christianity and get your marriage solmnized under Christian Marriage Act, that marriage will be registered under that particular religion and you will get certificate from the.  Similar case happened in Delhi and Delhi H.C. validated such marriage.

1 Like

pratap   28 March 2015

dear dipayan,

i am not a lawyer but i am also in that same condition.  i have talked to so many lawyers for this . 

i want to share my expeience with you. hope it will be helpful for you.

according to hindu marriage act your relationship is considered as sapinda and void.

if your and her parents are ok with it so no one file a case against you.

you can registered your marriage . but if parents are not ok then they can file case against you and law will not allow you to live with your cousin.

if you and she can ran away and change your religion to christanity or islam then you both can marry legally. than law will protect you from harrasment of family n relatives. she will be your legal wife.

 

1 Like

saravanan s (legal advisor)     28 March 2015

in islam its allowed but i doubt about christianity.verify it

Dipayan (NA)     28 March 2015

So whats the best way out? Should we both get converted to Christianity and get a legal status for our marriage? Our parents would never consent to this marriage as they are very conservative. We are ready to break all ties with our respective families and live together separately. I am presently in a govt. job and I wish to know will any type of case filed by our parents hamper my future? They will not be able to separate us legally nah?

And one more thing. Inheritance. After my death will my better half be able to inherit my property? My pension? I need clarifications. Please Help.

ram   29 March 2015

Hi everyone.. This is Ram from Hyderabad. I am also facing same problem of sister and brother relationship. Me and my partner belongs to ST (lambadis) which comes under Hindus, In our community relatioship is defined based upon the jaath Nd surname we have, we both fell in same jaath so our elders are saying that we both are bro and sis.. So we should marry.. So plz let me know is there any saperate marriage system for lambadis, if I marry her according to Hindu marriage system will the law provide security to us..

N R Dash.. (Advocate)     08 April 2015

Basically our scriptttures describe sapinda as (sama pindah) same blood. The resistance is basically due to the scientific health reasons that cohabitation between same blood may give rise to irregularities in the future generation.

 

HMA was rooted to the Hindu Scriptures. I would suggest you both refrain from marrying each other.

 

However, now a days we have a lots of social changes rather I call hypes "My Choice", "Free to Live" etc. etc. Hence, you may marry each other by getting converted either one of you (special marriage act) or both of you to any other religion (according to that religion marriage).

 

All the best...

1 Like

Suraj (HR)     18 May 2015

Hi Everybody.............................!!

I am also in love with my brother's daughter and we are old enough, working right now.
there wont be any legal or genetic problems in terms of family growth and for our future kids
Presently I am in India but I know this thing as I had already consulted many lawyers and doctors when i was in Australia
but a huge problem which my girl is facing now is through her family and society....
I cant discuss this all in this right now,.... 
So if any couple here is as serious as we are for our relationship, so plz contact me as soon as possible..

I have a solution in mind in which our parents and our soceity wont be a problem for us and we 
 could be living happily and even our parents and family members will be happ too..

I know this is hard to believe but plz believe me in this, I do have a permanent solution.
May be we both can help each other. If u both are serious about your love and marraige plz. contact us  --  

shrisurajghildiyal@gmail.com

shrisurajghildiyal@yahoo.com

Suraj (HR)     18 May 2015

 


I am also in love with my brother's daughter and we are old enough, working right now.
there wont be any legal or genetic problems in terms of family growth and for our future kids, 
Presently I am in India but I know this thing as I had already consulted many lawyers and doctors when i was in Australia
but a huge problem which my girl is facing now is through her family and society....
I cant discuss this all in this right now,.... 
So if any couple here is as serious as we are for our relationship, so plz contact me as soon as possible..
I have a solution in mind in which our parents and our soceity wont be a problem for us and we 
 could be living happily and even our parents and family members will be happ too..
I know this is hard to believe but plz believe me in this, I do have a permanent solution.
May be we both can help each other. If u both are serious about your love and marraige plz. contact us  --  

shrisurajghildiyal@gmail.com
shrisurajghildiyal@yahoo.com


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