Upgrad LLM

marriage


i m a gov servant in state service.I m in serious relationship with my cousin although we are hindu and she is my first cousin.We want to get marry.plz suggest us what to do
 
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Hello,

You cannot marry her as your relationship is within prohibited degree. 

 
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Advocate

The marriage is within prohibited degree unless such marriages has the sanction of the custom in your community. 

 
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CEO

𝚃𝚑𝚎 𝚖𝚊𝚛𝚛𝚒𝚊𝚐𝚎 𝚠𝚒𝚕𝚕 𝚋𝚎 𝚒𝚕𝚕𝚎𝚐𝚊𝚕.
 
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Dy Director

A govt serevant is expected to maintain good moralconduct even in private affrais.

 
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Lawyer

If you have decided to marry your cousin you will be in deep trouble as the marraige is illegal and invalid.

 
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Advocate

Provisions of Section 11 of the Hindu Marriage Act lays down the consequences of marriages within the prohibited degree of relationship:

Section 11.   Void marriages.

Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

As such, the marriage is null and void and either party (husband or the wife) could get the marriage declared void; but for this limitation, such marriages are true and valid against the whole world and the children born, legitimate. There is nothing in the Marriage Act or any other law which decalres such marriages to be illegal or unlawful or a penal offence or invites any other adverse civil or penal consequences. And, to be knowledge, there is no law enacted or rule notified under the provisions of Article 309 mandationg that the Government servant who has married within such prohibited degree to have committed a misconduct and hence liable for departmental or disciplinary proceeedings and punishments, as provided.

 

 
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