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peter (manager)     07 October 2011

Is second cousin marriages legal in india?

my friend is a HINDU boy and he likes a girl who is one of his cousins. wil their marriage be legal as per law?

their relation is explained as below

boy's father's mother's sister's son's daughter

is it legal as per law?


 12 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 October 2011

Yes. This marriage is valid as per Hindu Marriage Act.

2 Like

peter (manager)     07 October 2011

raj kumar makkad sir,

i have been hearing a varied thoughts on this. thanks for your reply. could you please explain...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 October 2011

Well learn the Sapinda relationship, it is not difficult to deduce.


Also, if the custom of your region allows, it is even valid in sapinda relationships.




Shonee Kapoor

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     11 October 2011

Under the Hindu Marriage and Divorce Act, 1955 marriage between sapindas is prohibited. Under the Act sapindas are cousins down to 5th generation on the paternal side and down to 3rd generation on the mother's side. In counting generations the generation of cousins concerned is also included.


Hi Peter,

Legal wigal sab chhodo yaar, Jab pyaar kiya toh darna kya.

Do advise him to marry & Lead a happy life, if they both are adult.

Best wishes for them for their future.

Also remember he is a good earner because pyaar se pet nahi bharta hain.



Abhinatre Gupt.



 I am major I am in love with my second cousin. My family and their family has an objection regarding marriage as in relationship we would be brother and sister.

My relation ship would be as follows:

Can you please clarify relationship is as follows :


He is my Mom’s Sister’s Husband’s Brother’s Son. Is the marriage valid. I am a Hindu Brahmin


Also his Father and My father are of not same father and mother.. Same is the case with my mom and his mom.. to be more clear so does our relationship fall under sapinda


Also please explain sapinda I am confused about it


can someone please reply on it

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

Try searching Sapinda relationship on google.


Only if the custom allows in your community, such marriage is legal/ valid.





Shonee Kapoor

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 December 2011

There is a couple, Wife & Husband. You are daughter of wife’s sister and he is son of the husband’s brother. By no stretch of imagination anywhere in the world, you are  cousins, much less sister and brother. Who says that you are sister and brother? This is just ridiculous indeed. If your maternal aunt could have married his paternal uncle, why you two cannot get married?  You two are not genetically related unless your aunt and his uncle (wife and husband) were blood relations. Go ahead! you can marry him. No law nor custom prohibits such a marriage. There are customs in certain communities under which your mother could not have married his father. It may be that if all girls of one family marry all boys of another family there could be double 498A problem.

You are a Brahmin. The word sapinda comes from sa + pinda. Pinda is a rice ball. Pindas are offered while performing rites to dead fore-fathers. Sa-pinda means two persons offering pinda to the same forefathers. Thus two brothers are sapindas. All cousins entirely of male lineage are all sapindas. A brother and a sister are not sapindas, because whereas the brother performs rites to his father and forefathers, a sister, on her own, does not offer pinda to her forefathers. She participates when her husband offers pinda to his forefathers. One would not know a sapinda related through a common ancestor several generations before. But they will be belonging to the same gotra. That is why sagotra marriages are prohibited. Incidentally if you and the boy belong to the same gotra, customarily the marriage will be prohibited. But that has  basis neither in law nor in genetics. Hindu Marriage Act, 1955 speaks of sapindas on the mother’s side also. But I think this is enough for your limited question.

I explained to you because I happened to know.  It does not necessarily mean I believe in these.

Adil K (assistant auditor)     16 January 2015


im willing to marry my second cousin, will it be legal according to Hindu Marriage Act

The relation goes as follows:-

The girl is my mother's mother's own brother's daughter's child



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