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Marriage with cross cousin

Page no : 2

Sam (LEAD)     24 February 2011

Thanks. Keep me posted if possible...

Sonia Saini (advocate)     25 February 2011

This kind of marriage is void marriage as per Hindu Marriage Act as you both fall within the Sapindas when traced from Father of your mother ( Section 3 (f)(ii)) read with Section 11.

Indulging in such kind of marriage can lead to imprisonment for 1 month or fine of Rs.1000, Secondly this marriage is void which means it is no marriage at all in the eyes of law , therefore it has no legal consequence of a valid marriage such as maintainence , suceeding property etc.

This kind of marriage can be valid if that is accepted in the customs usage governing both of you (which is think is not so )

Marrying in an arya samaj mandir and getting it registered is not possible as it is void marriage per se 

sunil sharma (Manager)     21 October 2011

I am a hindu. right now i am working as a manager in karnataka. basisally i am from Haryana and the girl to whom i love is also a hindu  from haryana.

the girl is my father's sister's daughter. so can you please tell me... can i merry her as per hindu merriage ast 1954 or srecial merriage act 1955.

 

 

please help me.....I am not getting any solutions since last 5 years.

I want to merry her.......please reply please

Sonia Saini (advocate)     21 October 2011

Your Marriage with your cosuin is strictly prohibited by Hindu Marriage Act 1955 and if you go for such a marriage it is a void marriage according to section 11 of the Hindu Marriage Act  R/w Section 2 (g)(iv) of the Hindu Marriage act. 

The consequence of such a marriage would be a simple imprisonment which may extend to one month and a fine of Rupees 1 thousand, or both (Read Section 18 ..Hindu Marriage Act) . So as far as your case goes it is not advisable to marry Under Hindu marriage act as it is void and at the same time punisable in the eyes of law. 

As Far as your second query goes can you Marry under Special Marriage act ?...the answer to this lies in section 4 (d) R/w entry 35 of part 1 , schedule 1 of the act . The answer according to this is that your realtion is wintin the degrees of prohibited relationship under special marriage act too and hence cannot be soleminised under the act .

What  can you do now ?:  i do not know the answer to your problem because ven in muslim law such kind of marriage is prohibited. The only way out is if your customs and usages allow such a marriage which simply means that if such a marriage is allowed by your family customs it would override both Hindu Marriage Act and Special marriage act .

Please note i am not an expert in this but i am looking for the senior members of the forum to come forward and let us know what is the soultion to sucha problem. i am keen to find an answer to this problem staying within the legal framework .

sunil sharma (Manager)     22 October 2011

Thanks for your kind reply....I hope that you would find the way very soon.....please try to get the answer soon......

some lawyer suggest me to convert my religion to Christen.......In that way as per the christen merriage act the marriage will be legle as per the supreem court order....but i want any other befor it........If I dedn't find any other answer then i may think for that.....

Please reply soon If you got any other option soon.

 

thanks

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 October 2011

Buddy why writing same query in two threads. Not satisfied with the answers you got in first thread

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

sunil sharma (Manager)     31 October 2011

yes sir, i am not satisfyed yet with the answers......

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2011

Keep fishing.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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