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jaya (Engineer)     26 November 2012

Hindu second parallel cousin marriage

Dear Sir,

Please help! Since 6 years,I am loving a girl and now we are planning to get marriage.

We have one major problem now,that is my  lover Grandmother and my Grandmother are own sisters,That means my Mother and girl 's mother are cousins sisters.

IS it possible, we marry without against the Indian Hindu Marriage Law .

 

Please reply clearly and clear my problem.



Learning

 19 Replies

jaya (Engineer)     26 November 2012

anyone , please advice the legal things.

Gaurav (Advocate)     26 November 2012

Can you draw pedigree table(mother's side)  for both of you?

Chetan Joshi (Advisory/Advocacy)     26 November 2012

So your mother and her mother are cousins which make both of you cousins as well.....Is there any pevailing custom in your state allowing such marriage???...

 

 

This cannot happen according to HMA however can it happen under special marriage Act is a question....

 

 

And do you have any one objecting to your marriage??

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Tajobsindia (Senior Partner )     26 November 2012

It can happen only under Christian Marriage Act.

@ Chetan, SMA also it cannot happen kindly note it for your future Courti practises. Dig out full text of Judgment of D HC which I placed last year on how such cousins marriages can happen under Christian Marriage Act from my past messages by going to my forum profile then click Activity.

Chetan Joshi (Advisory/Advocacy)     27 November 2012

@ Tajobs  thanx for the platter of information and the tech support....

 

 

Regards

jaya (Engineer)     27 November 2012

Thanks for your reply Mr.chetan,Yes ofcourse the girl family opposing the marriage.

jaya (Engineer)     27 November 2012

Dear Tajob, If i marry in SMA , its legal or illegal ?

jaya (Engineer)     27 November 2012

Pedigree Chart (Mother Side) B&GMGM B&GMGF GMF BMF BMM GMM BF BM GM GF B (ME) G B-BOY G-GIRL BM-BoyMother GM-GirlMother BF-BoyFather GF-GirlFather BMM-Boys Mothers Mother GMM-Girls Mothers Mother BMF-Boys Mothers Father GMF-Girls Mothers Father B&GMGM Boy& Girls Mothers Grandmother B&GMGF Boy& Girls Mothers GrandFather

Tajobsindia (Senior Partner )     27 November 2012

If in your caste as per custom if it is legal then you can do marriage with her (for the same check with your family and her family) otherwise it is illegal and prohibited as per Special Marriage Act and Hindu Marriage Act.

Then the option is only under as I mentioned in my very first reply.

jaya (Engineer)     27 November 2012

Dear Gaurav, Sorry i couldn't attach the pedigree chart in this forum

jaya (Engineer)     27 November 2012

Dear Tajob,

is there any other choice to marry without conert to christian

Tajobsindia (Senior Partner )     27 November 2012

Horrifically, YES is my cautioned view.

1. See any legal cause action in such sapinda prohibited relationship is instituted by either wife or by a husband and generally not by any third party (i.e. respective family) in a Court of Law as they are not affected (necessary) party and it is only their medieval mindset which objects to such relationships.

Hence if you and your cousin are comfortable in marrying inspite of such social adversaries then may marry in a Temple or as per Arya Samaj Society customs and carry forward being married couple (probably later outcaste by your society) otherwise too what matters here is couples best interest and faith in themselves in thick and thin over social emotions and sentiments even if such marriage is legally called illegal.

With above last take proceed with utmost social caution and this opinion are not to be followed summarily as a newly wed becomes part of the same customs, society they earlier lived on being at that time un-married and if one can take society, customs and relatives head on then such social change may be ‘just’ reason for doing so is my straight forward opinion.

Chetan Joshi (Advisory/Advocacy)     27 November 2012

Yes in  accordance to my previous post.....Find out if you have a prevailing custom which allows such marriage....

 

 

 

Now the position is clear that it cannot happen under SMA or HMA.....however god forbid but just to make you legally aware, if you face any martial litigation in future, your marriage can be declared as VOID.....

 

 

So think about a Temple marriage. Do it if you are Absolutely sure about everything

 

 

Regards

jaya (Engineer)     27 November 2012

Hi Tajob, Can you advice, where do i collect information regarding Arya Samajmarriage procedure in tamilnadu & let me know whether they conduct / accept these kind of marriages.


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