Marriage between Maternal Brother

with regards to the same,there are  no uniform practices.

In  Kerala, among hindus,it is a recognised custom to marry father;s sister's daughter.

Secrion 3 (g) HMA states Two persons are said to be within the degrees of prohibited relationships: • If one is a lineal ascendant of the other. For example a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson. • If one was the wife or husband of a lineal ascendant or descendant of the other. For example, a son can not marry his stepmother. Similarly, a person can not marry his Daughter-in -Law or son -in-law. • If one was the wife of the brother or of the father's or mother's brother or the grandfather's or grandmother's brother of the other. • If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mother's brother and the first cousins are solemnized, those marriages, in the absence of a custom in the community are not valid marriages. (e) The parties are not apindas of each other, unless the customs or usage governing each of them permits of a marriage between the two. A apindas relationship with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father. In plain words, a person can not marry upto his second cousin from the mother's side and upto his fourth cousin from the side of the father. It is also necessary the parties should not be apindas of each other from either side.

But there is raider under Section 5 (iv) that permits such marriage if the custom or usage governing each of them permits of a marriage between the two.

But in  our state all these so called prohibited relationship are ignored and marriage is just a convenience between the two party and ours is much simple and better and sometime we get confuse as to what is prohibited relationship and life goes on.

Thank You Sir,

But I just want to know that according to Law can we get married or not.

I will greatfull if you can clear us on this.

Warm Regards.

Thanks for the reply

only if there is a regular  custom in ur community for this relatioship then u can, otherwise this relation is a void marriage.

I agree with Avnish ji.

Thanks for suggestion.

But according to you is there any possibilites are there or not.

Warm Regards.

Thanks for suggestion.

But according to you is there any possibilites are there or not.

Warm Regards.

Sir, if there is a practice through custom to marry father's sister's son/daughter, then it will be considered  a valid marriage. If not, then it will be a void marriage, as stated earlier. Check with your custom and go ahead.

Marrying cross cousins are customary practice in South India.

Marriage with maternal uncle's son/ daughter

Marriage with Paternal aunt's son/daughter

If custom permits, they wont be treated as sapindas

Under the Special Marriages Act, marriage between first cousins, whether paralell or cross cousins, is prohibited.

As Mr. Aravinthan says in South India first cross cousins not only marry, but it is also their birthright. In South India, barring Kerala, marriage between maternal uncle and his niece is very common.

I think Ritvik Gupta belongs to the bania community from North India. If so marriage between first cousins, whether paralell or cross cousins ib strictly prohibited

I completely agree with the views of Mr. MPS Ramani.

As per Hindu Marriage Act Such Kind of marriages are prohibited But with an exception if there is a custom for long duly recognized with proof in that case solemnization of marriage is possible But for that you are to get a permission from respective family courts of your city by proving your case that in your particular case there is a family custom to marry with in prohibited degrees

Thanking You,

Ad.Vivek Sharma

Ludhiana

I think you go and first meet an Advocate first because such kind of things need lot of study over the subject because these are subjective knowledge You are to disclose many a things to your Advocate only then some conclusion will be arrived at.