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kajal   11 April 2015

Marriage between cousines in hindu

me and my cusine(my mother's brother son) love each other and we want to marry legally...my parrents are against this marriage but his parrents are ready to accept this....i am aware of hindu marriage act. i know that this marriage comes under sapinda relationship..we are ready to do anything whether to change our religion or whatever... ijast want to know that what is the procedure for converting in christian and then do marriage under christian marriage act....how much time it will take ?

Plz give me some suggestions...



 12 Replies

sandykrish (Interested in Family LAW)     11 April 2015

It doesn't fall under sapinda relationship. If you are a south Indian you can carry on. If you are a North Indian then they say it is but logically it is not carry on enjoy your life

cyberlawyer (barrister)     11 April 2015

This form of marriage is recognised in hindus and is not prohibited. Marriage between Mother's sisters son/daughter or Father's brother's son/daughter is prohibited but you dont come under the prohibited relationship and can marry without any hindrance by law atleast in South India. When there is no bar in a marriage between a women's son and that women's brother (paternal uncle) , the same principle applies here. So go ahead but try to convince your parents and marry with their blessings.

saravanan s (legal advisor)     11 April 2015

as told by other learned members it doesnt come under sapinda relationship and the marriage is legally valid.in south india many marriages happen between relatives of the nature we are discussing so dont worry.since you both are majors and one of your parent is wholeheartedly supporting your marriage you can apprpoach the sub registrar office of your area and marry according to hindu marriage act.no need to convert and all.

Jai Karan Nagwan (consultant)     11 April 2015

This is un-ethical act, your law, your religion do not permit this, if you yet wish to do this sin, think yourself. This is ethical side. Now legal side, you are right, your relationship fall under prohibited degree u/s 3g (iv), as such your marriage will be void u/s 11 of HMA 1956. Secondly, if you are planning to marry after changing your religion, that marriage will be illegal. You should also be worried about children out of this marriage.

kajal   12 April 2015

thank u everyone for their sugessions...but i m  a north indian hindu.so now can we marriage legally?????

Adv. Chandrasekhar (Advocate)     12 April 2015

One thing is sure.  It falls within sapinda relationship and is prohibited under Hindu Law.  But in some Southern States the marriage with uncle's son is prevailing and in some castes it is preferable.  This is protected under the Hindu Marrige Act by virtue of custom.  But, you clearly expressed that you both belong to North India, and as such custom does not prevail there, the marriage is illegal and void as per Hindu Marriage Act, 1955 and it cannot be registered under Hindu Marriage Act and Special Marriage Act. 

But your problem can be solved very easily.  As you both are unmarried, go to church and convert yourself to christianity and after that only marry as per chrisitan rites and customs.  Your marriage will be registered and a certficate is issued by the authorized church, as such marriages are not prohibited under Christian religion.  Now coming to the legality of such marriage, a magistrate in Delhi has fallen into the same predicament as you have been going through as love has smitten him through his cousin.  But the Magistrate's father, Amrishpuri alike, and a known advocate was against this marriage and filed several criminal cases against his magistrate son and dragged him to several courts including the High Court of Delhi.  Finally, the Hon'ble High Court of Delhi (judgment delivered by his Lordship Sh. Suresh Kait) approved the christrian marriage solemnized between the Magistrate and his cousin as legitimate one and put heavy financial fine with several strictures on the errant father of the magistrate for disturbing the peaceful matrimonial life of his son.   Go to that judgment and get enlightened that how you can come out of your problem.

My best wishes.

Jai Karan Nagwan (consultant)     12 April 2015

One must keep in mind, doing the things indirectly, which can not be done directly is not valid. Property of one sect of religion can not be inherited by person of other religion. No further comments.

kajal   15 April 2015

thnx alot.i have some doubts.

1.can we go to any church in india or only that churches which are near our residence for conversion into christianity??

2.is it necessary to convert both of us into christianity or only any one of us need to convert?

3.do we need to report to our district office that we have converted into christianity?(as we both are in same district)

plz help..

Adv. Chandrasekhar (Advocate)     15 April 2015

Go to any church which is convenient to you both and safe one. Both have to be converted. Also try to engage a progressive advocate to get you protection of law if necessity arises because in these days religious fanatics are interfering in the personal lives of people in the name of protecting the religion.

kajal   16 April 2015

approx how many days it will take to converting in christianity and doing marriage according to christian marriage act?

humanist (none )     22 June 2015

someone can answer her last question? i am in similar situation. how many days it willl take for us to change our religion to christianity and get married? also shoukd we inform any authority about our change of religion and marriage?

 

498A fighter (tutor)     24 June 2015

kajal as per north india mothers brothers children are treated as more than real brother sister so better avoid, in future if guilt is come in your mind then there is no way to regreat.... so better forget such attraction and find best suitable match


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