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Anil (abc)     21 January 2013

Marriage with first cousin. (mother's sister's daughter)

I and my first cousin are Hindu and both r major. We want to get married to each other but the Hindu marraige act and special marriage act does not allow it due to the degree of prohibited relationship.

I came accross these reports in google search:-

 

https://www.indianexpress.com/news/magistrates-marriage-upheld-after-conversion-to-christianity/780612/2

 

https://articles.timesofindia.indiatimes.com/2011-07-31/india/29835266_1_delhi-hc-frivolous-case-delhi-judicial-services

 

https://zeenews.india.com/news/nation/hindu-cousins-can-marry-after-converting-to-christianity-hc_723273.html

 It seems that  we both can convert to christianity and get married in church. 

1. Will our marriage be legal in the eyes of law?

2. Do we need to get our church marriage registered under special marriage act?

3. The special marriage act also has the "degree of prohibited relationships", so how will it be legal for us.

4. What legal action can my parents and my cousin's parents take against us?

5. my cousin's parents are also threatening us about honour killings, etc. So what steps can we legally take to save our lives as well as harresment.

Thank you very much in advance.

Kind Regards

Anil 



 5 Replies

Tajobsindia (Senior Partner )     21 January 2013

  

Originally posted by : Anil

 


Will our marriage be legal in the eyes of law?
Take: If after conversion marriage takes place under Christian Marriage Act and gets Registered it is a legal marriage.

Do we need to get our church marriage registered under special marriage act?
Take: No. Under Christian Marriage Act.

The special marriage act also has the "degree of prohibited relationships", so how will it be legal for us.
Take: It will be legal as per reply under your que. 1

What legal action can my parents and my cousin's parents take against us?
Take: They can object and may file a Writ which is what happened in O.P. Gogne Vs. State (NCT of Delhi) [2011 (3) DMC 23].


My cousin's parents are also threatening us about honour killings, etc. So what steps can we legally take to save our lives as well as harresment.
Take: Ideally one should not then. But if hell bent then maintaining secrecy is the key and post marriage under Christian Marriage Act seek protection from State's HC.

 

Arvind Singh Chauhan (advocate)     21 January 2013

Such marraige is illegal.

Saurabh..V (Law Consultant)     21 January 2013

@Tajobsindia

 

As I understand, "Sapinda Marriage" as prescribed differently under different acts prevalent in India, was inscribed to ensure matrimonial harmony and on scientific basis (I presume you readily know it). However, a small lacuna in the law has allowed this disgraceful incestuous relation  to be proved legal.

 

I strongly feel that the interpretation of the law should be such, which is in harmony with the social barriers and should not oppose it. For that matter, Mulsim Personal Laws allows marriage within first cousins. But it has well known & proven difference being outsiders from neighbouring west (when they raided Ancient India). Hence inference in such cases has to be drawn from our customs which exists since immemorial times. Cousins are brother-and-sister, may not be real, but such close relation going into matrimony may lead to jeopardizing the social balance.

 

Based on this, I elicit your views.

 

**Above discussion and views are based on judgment passed by DHC as per below link**

https://zeenews.india.com/news/nation/hindu-cousins-can-marry-after-converting-to-christianity-hc_723273.html

 

//peace

/Saurabh..V

Tajobsindia (Senior Partner )     21 January 2013

Honestly @ Saurabh V. I did not get what you wanted my views on, however what I understood from your reference are as follows;

1. Need for a Uniform Civil Code.
2. Customs are incorporated in Law in instances such as query like these provided the queriest should search if such cousin marriages are prevailing in his personal customs.
3. I donot think it will jeopardize social balance. It did not in certain Hindu communities in
South India
till date where instances of cousin marriages are more and still going on. Did it jeopardize other than drawing swords by older generation on next generations resolves thy getting names such as sapinda, khaps, same gotra marriage etc. etc.?
4. However controversial theories of science also comes under making wolf cry for disturbing social balances is one view, if you mean by that. I agree to some of the scientific papers just need of the hour is subsequent generation scientific review again and again. NG's genographic project is one such ongoing peer to peer project, Canadian CODIS project is yet another scientific project which has direct implications in social Laws especially that of of Asian countries. Publication and Amendments will take time.
5. Social issues and demands makes rise to making of various Laws and Amendments. At such time prior to Codification it was well known social practice which got incorporated in codified Laws and since
HMA is a laboratory for all sorts of Amendments it got better defined compared to minority communities evolving laws and their resistance to Amend their own laws so unless minority communities rise and allow Amendments which are uniform so called lacuna will remain.

rupak (owner)     30 November 2014

i want to marriage my cousin (mother sister daughter).i am brahmin and i am 28 year old and girl is 18 year old.i love her too much and she loves me too we cant live apart so what do i do for the marriage.

please reply me i am waiting for your reply. should we convert our religion for marriage ?


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