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How to marriage with my father's sister's daughter

Page no : 5

arpanghal   27 September 2015

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
In the South marriage between first cross cousins, marrage between first cross cousins once removed provided the previous generation was male and next generation was female and marriage between maternal uncle and niece are all allowed. I have seen such marriages first hand. Here if one sees from standpoint of the grandmother it would be proposal for a marriage between her niece through her brother and grandson through her daughter. Here the female is one generation up. I am not very sure.

There was a proposal from the first cross cousin of my mother for the marriage of her   (cross-cousin's) daughter to the grandson (daughter's son) of my mother, my nephew. Here also the girl belonged to earlier generation but was younger to my nephew. The marriage did not go through not because of any prohibited degree of relationship, but for other reasons. The girl's family was very poor, whereas the boy was very rich. I had no role in this.

Here too,the situation i encountered with, niece is younger than nephew

But if we see from ancestoral point they two belong to same ancestors

and overall if we see we all are brother and sister

Is there any law which prohibit to marry a niece from nephew 

Grandmother's (Mother's Mother) Niece and Nephew

Aditya kumar   27 December 2016

Dear sir mera question ye hai mai jis ladki se saadi karna chahta hu wo meri mausi ki gotni ki ladki hai wo baalig hai aur hum dono hi saadi karna chahte hai kya kannon me rista me koi dikkat to nahi

Narayan (Software developer)     27 December 2016

If you love Hinduism then follws the teching of Hinduism.

Such type of relation are not acceptable in Society and scientifically marriage in blood relation is harmful for the next generation.

Therefor Gotra system are there in Hinduism which is scentific way of avoiding marriage in blood relation.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 December 2016

@Narayan

Children of two sisters need not belong to the same gotra. Does your Hinduism allow them to get married?   Maternal uncle and niece will not belong to the same gotra. But marriage between them is very common even among orthodox Brahmins in Soutj India except Kerala.. Are they not close blood relations? Gotras are patriarchal and continue through centuries. Two persons belonging to the same gotra will have no common ancestry in the known past. A boy in UP and a girl in Tamilnadu may belong to the same gotra. It will be absurd to suggest they are blood relations. DNA tests will prove negative. Most honour killings in Haryana are due to sa-gotra marriages. Hindu Marriage Act recognises sapinda relationships only up to five generations backwards.

PARTEEK SACHDEVA   18 November 2017

I am married with my bhua son's daughter but some embassy said that its illleagal marriage u r come in spinda relation so pls help me how it is poosible to convert this marriage as a leagal ...

Sudhir Kumar, Advocate (Advocate)     18 November 2017

Your marriage is illegal.

PARTEEK SACHDEVA   18 November 2017

If my wife is not indian citizen then is it possible to get marriage under foreign marriage act 1969.

 

Bcz spinda is not only prohibited relation is clause fir this ...

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 November 2017

Which embassy told you that your marriage was illegal. Was it Indian Embassy, or Embassy of some other country?  How did they know that your wife was your bua's grand-daughter?  In our community and most communities in the South including Maharashtra to marry one's bua's daughter is a matter of right. I know many who have got passports and visas and gone to many countries. Sapinda relationships are based on patriarchial relationships except for the immediate parent (mother). The word sapinda comes from the word pinda a rice-ball. Pinda is offered to one's dead ancestors as a ritual. Your father will offer pinda to his father that is your paternal grand-father. Your bua's son would offer pinda to your bua's husband if he was dead. Your father and your bua's son belong to different patriarchial lineages. Hence they cannot be sapindas. These questions are not generally asked while issuing passport or visas. You are hiding some information.

PARTEEK SACHDEVA   19 November 2017

Germany embassy said that u comes in spinda relation when they enquiry about my marriage ....

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 November 2017

There are no pindas in Germany. How can then there be sapindas?  If you want resourceful advice please give the complete story. No one can help you if you give things piece meal. Where are you now, in India or in Germany? Where is your wife now, in India or in Germany? What was the occasion when this happened? What was purpose for which the legality of your marriage was questioned? Where did you get married, in India or in Germany? What is the German law for such marriages? Albert Einstein married his first cousin. The relationship between you and your wife is called 'first cross-cousin once removed' in English, a more distant relationship than that was of Einstein and his wife.  Please give all details so that no question need have to be asked. I suspect Germans are acting on hearsay.

PARTEEK SACHDEVA   19 November 2017

I was married as on 2016 in india according to arya smaj nd after that i registered my marriage under hindu marriage act. My wife is in germany now nd i applied visa to join my wife but after enquiry the german embassy send me a letter ur visa has been refused bcz u come under spinda relationship nd marriage according to hindu act is not legal bcz of spinda .

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 November 2017

What is the source of information for the German Embassy to say that (1) you are sapindas and (2) your marriage is not valid under the Hindu Marriage Act?   Two are supposed to be in Sapinda relationship if they have a common ancestor counting 5 generations on the father's side and 3 generations up on the mother's side, counting the person himself as generation-1. In your case your father's father is a common ancestor. He 3 generations behind you. He is 4 generations behind your wife. As the connection is through her father's mother (more than 3) she is not your sapinda for the purpose of law.

If both of you were in sapinda relationship how could you register under the Hindu Marriages Act, 1955? The fact that you were able to register itself is enough evidence that you are legally married.

Under the Act sapinda marriages are not valid unless such marriages are customary in a community.

This is vague and ambiguous. Your married is not valid but the marriage of a similarly related couple from the South is valid. This is discrimination. You make representations to the embassy. It will be pertinent to find out who advises the embassy on such matters.

I suspect that you got married without the approval of your families and hence that your families are against you.

 

PARTEEK SACHDEVA   19 November 2017

Not at all both the family members are agreed ... When enquiry comes in my house they said who is the vichola the vichola was my wife taaya ji nd we said his name then he said how you know him nd how he know to girl so from this situation the enquiry person said u r in spinda relation u r not legally married but i think we not come under spinda relations

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 November 2017

What I understand from what you write is this: A person from the Embassy came to inquire. You gave him the details. On the basis of information furnished by you, he came to the conclusion that you are sapindas and reported thus to the Embassy.  You represent to the Embassy that the person was not knowledgeable and that he was wrong. You produce your marriage certificate from the Registrar to the Embassy and claim that as yours is a registered marriage and hence a valid marriage. You can also give the reasoning given by me.

PARTEEK SACHDEVA   19 November 2017

But here i just want to know that is i am right that we r not in spindas relation bczz here are the famous lawyer available who can give me right firection so i can get the best result of my case...

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