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Mithun Dey (Service Engineer)     31 December 2010

Marriage possibilities within cousins

Sir,

We need an advice  is there any possibilties of getting married to father's sister daughter according  Hindu Marriage Act or any law as per constitution. We both belong to bengali family  (Kayastha).Girls Age is 25 & Boys Age is 28.Kinldy let us know can we get court married or not..

We need seviour help on it.....

We need a leagal guidence on that..



Learning

 8 Replies

N.K.Assumi (Advocate)     01 January 2011

No, but if your customs permits yes otherwise the marriage is within sapindas. Even the bhotias of Sikkim marry a cousin on the mother's side but not on the father's side as according to them bones descend from the father's side and flesh from the mother's side. And if you set up a customs permiting such marriage heavy onus lies upon you to prove reasonableness, antiquity, continuity and certainity.All the best.

G. ARAVINTHAN (Legal Consultant / Solicitor)     01 January 2011

repeated query...

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 January 2011

It appears that you are a Bengali. If so it is an absolute no! no! You look for a non-relative.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 January 2011

As Per Law it is not possible due to spinda relationship but may some  way out but you have to send your complete details about ur location coz in some locations and relgion, it is possible.

Good luck.

Mithun Dey (Service Engineer)     01 January 2011

Sir, As for your information We both are  Bengalee. We are from West Bengal.And our religion is Hindu (Kayastha).

We 'll be thankful if you show us the way out..

Waiting for your reply.

Avnish Kaur (Consultant)     01 January 2011

if you both are hell bent to do it , JUST MARRY And forget the law, the day either of u goes to court or marries someone else or enters adultery marriage will stand as void in court. if u trust each other just marry and forget about the law. children out of such a marriage are however legitimate children.although this is scietifically bad and personally i dont support such relationship.

dont post same query again and again , u cannot be jailed for this marriage .

there is no legal way to make it legal.

not even ur parents can challege your marriage, only husband or wife in person  can challenge it.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 January 2011

Ms. Avnish is quite right. But if u want to go ahead then u may mail me personally or PM me coz i dont want to hurt my coleagues over here.

Good luck.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 January 2011

The question of marriage between relatives is coming up again and again in this Forum. But so far no one has given the reason why there is a ban on such marriages. All of us know that marriage between brother and sister is prohibited. In fact most people will abhor even to think of such a thing. Ban on marriages between farther relatives is only an extension of the principle. 

Marriages between blood relations are called consanguineous marriages. All of us carry good and bad genes. Some are dominant and some are recessive. What is recessive in this generation can become dominant in a later generation. It is likely blood relations carry the same genes, which are bad recessive genes. As both carry the same genes the liklihood of their becoming dominant in their progeny is doubled. One can argue this can happen with the good genes also. There is no rigorous proof for this. Some cite the instance of Parsis. As their population is small consanguineous marriages become inevitable. It is believed that health conditions among them is poor, though, I do not know, whether this is statistically supported. Scientifically advanced countries look down upon consanguineous marriages.

Forum members who already know what I have written above are  requested to excuse me.

Now coming to the case of Mithun Dey, no one can penalise you if you get married, unless someone wants to prove your marriage null and void. But who will be interested in that? It may be an overzelous social activist or someone who has a vested interest in proving your marriage null and void.

I do not know how your community looks at such marriages. Children of a brother and sister are often looked down upon as outcastes. You can have such problems if communal bonds are very strong in your community and they are not tolerant towards such marriages.

You may be knowing the opposite thing goes in Haryana with the support of Khap panchayats.

In the film Pakeeza children of brothers get married. Probably among Muslims such marriages are customary. Similarly if your marriage is also permissble under Muslim law, both of you can convert to Islam, go to a Kazi and get married

 

 


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