Marriage between second cousins

@Author

 

This marriage is barred under Hindu Laws and even Special Marriage Act would not permit this.

 

//peace

/Saurabh..V

In south some customs and traditions allow then to do so but according to HMA & SMA they are not valid.

 

It can be legally allowed provided;

1.    Conversion to Christianity is shown as per material records by parties.

2.   Marriage of parties mentioned in brief is performed following procedures under Indian Christian MarriageAct.

3.    Self explanatory citation of D HC is annexed in PDF format for taking a call after understanding simple language mentioned therein.

@Author

 

As rightly advised by @Tajobsindia, this marriage is possible after conversion to Christianity. However, I think this marriage can be challenged in the court of law because the very purpose of religion conversion was to marry and not because of your inclination towards the religion.

 

Such steps may hinder the future life of the parties to marriage. Advice is to abstain from taking such technical grounds for a sacred institution of marriage.

 

//peace

/Saurabh..V

@ Saurabh. V..

Correction if you may please to hear it [aka if one allows me to make one:-)];

I disagree to your first para reason being, challenge to such questions of Law is done either by parties themselves OR via a allowed impleader OR via PIL route. Parties are in love they convert and marry disrespecting their personal Laws and then found to be living happily so they are highly unlikely to challenge. When parties are not challenging and reached a stage of living happily r/w such judicial wisdom rolling around various Hon'ble Courts as reference then no question of impleading necessary parties may arise and finally now with change PIL admission structures rarely such cases can be challenged via PIL route as it is mammoth task and married with one too many legalities as laid down by Hon’ble SC and various State HC's like which PIL to accept and which to dismiss on admission stage hearing itself on larger public interest. I know one does not have any empirical data to gestate this under ‘challenge on basis of larger public interest’ clause when such has been also shown to be ‘customary’ practice in Asian cultures! These are some spordic

I also disagree to your second para reason being, now in contemporary India marriages are no mare sacrosanct had it been judicial wisdom they would not have given guidelines to Legislatures to amend  Hindu Marriage Laws Amendment by brining in 3 years seperation as ground for IrBM!

Now may I show curiosity kills the cat application in reference herein; I would like to know what proposed logics made you say what you said in your para 1 and para 2?

@Tajobsindia, I completely agree with your corrections. No one but the parties ti the marriage alone, enjoys the right to claim its nullity or bring to the test of Divorce. However, my contention was legal and only opined about the nature of the act. By finding a loophole in the existing law, one may easily slip into desired extremes but what violates the moral obligations, could never had been the intention of the legislature. Hence such marriages should be avoided and against the moral policies of Hindu customs and beliefs. //peace /Saurabh..V

Acknowledge your views too.

‘Law follows society”; if ever you may get a chance read down this book fetching from your State HC's library - 

https://www.amazon.com/Law-America-History-Library-Chronicles/dp/0375506357

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