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GO DESi   16 January 2022

How to marry my mother's uncle's sister (my first cousin once removed ie mausi)

How to marry my first mother's uncle's sister(first cousin once removed ie mausi). Is it falls under Sapinda relationship. If yes then how can I marry her? Can I change into Christianity & after marriage again come Hinduism? Is there any other method?



 5 Replies

Megha   16 January 2022

hi,

As per the provisions of the Hindu Marriage Act, 1955 (HMA), two people are said to beb sapindas of eachother if one is a lineal ascendant of the other or within the limits of sapinda ( 3rd Gen in the line of ascent through the mother & 5th Gen in the line of ascent through the father) or if a common lineal ascendant is within the category of sapinda to either of the parties proposing to get married.  

Mother's unce's sisteris mother's auntand also falls within 3 generations of sapinda calculation from mother's side andhence, prohibited.  Such a marriage would be void. Now, a question arises as to the admissibility of a step mother in the sapinda calculation.  The Privy Council in the case of  Lallubhai Bapubhai v. Cassibai I.L.R. 5 Bom. 110 held that upon marriage, a husband and wife become sapinda relations to each other and therefore, the step-mother becomes the Gotraja Sapinda of the step-son.  

Based on the above, your marriage with mother's uncle's sister will be void.  

The Hon'ble Delhi High Court, while deciding a case on the subject issue held that marriage between two Hindu cousins after converting to Christianity was valid.  However, the Supreme Court has also ruled that religious conversion for material gains is invalid.

In light of the conflicting decisions above, it is advisable to seek professional legal help and proceed with due caution.

Best regards,
Megha

1 Like

GO DESi   16 January 2022

Maam if our parents accept it then can it cause a problem? Does a person outside the family has access to report against our Sapinda marriage? Can we live together if no one report against us?

Megha   16 January 2022

Hi,

Please note that if you chose to still get married to a person coming under the prohibition of Sapinda relationship, you will not be entitled to take aid of any of the provisions of Hindu Law (through various Acts) in case of disputes, if any, arising in the future.

Best regards,
Megha

1 Like

GO DESi   17 January 2022

But if someone report against our marriage outside or inside family except our parents, will it be void? After that can we live together as couple?

Advocate Bhartesh goyal (advocate)     18 January 2022

No, objectios regarding marriage other than couple is not tenable nor they can get marriage declared void.

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