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Aditya (NA)     11 January 2014

Marrying second cousin

Can I marry my second cousin ?

girl i like is my father's big brother's daughter's daughter?



Learning

 5 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     11 January 2014

Yes its a valid marriage.

Aditya (NA)     11 January 2014

but sir according to hindu marriage act its not valid i think??

Rutumbhara Nayak (lawyer)     11 January 2014

Dear Aditya- Marriages between persons having certain relationship have been considered to be against our traditions. However, the problem arises only when you have a direct blood relation with a person. In such cases it is said that the offspring from such a relation is likely to be born with some kind of deformity. This is a medically proven fact though I am not sure about the reasons. Hereditary also plays a role. It is better that that you consult a medical specialist before getting into wedlock.
Section 3 (g) and 3 (f) of the Hindu Marriage Act, 1955
Section 3 (f)-i. "Sapinda 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, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
ii. two persons are said to "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;
Section 3 (g) -"degrees of prohibited relationship"-two persons are said to be within the "degrees of prohibited relationship"--
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other ; or
(iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;"
This clause prevents marriages between prohibited degree of relationships and sapindas. This provision has a scientific base on the prevention of a marriage between persons of prohibited degree of relationship or sapindas Rutumbhara www.lawkonect.com 09555 507 507

Aditya (NA)     11 January 2014

i just want to know if with girl consent we get married..will that be a legal marriage n could that be challnged by our parents

T. Kalaiselvan, Advocate (Advocate)     13 January 2014

Aditya, please do not worry, your case is not between a prohibited relationship or Sapinda relationship.  The girl's mother will be a sister to you in relationship therefore the girl will be your niece and you will be her uncle.  There is no prohibition in uncle marrying his niece.  Your marriage will be valid and legal, but please obtain permission from the parents of both the sides before marriage.  Invite us for the marriage.


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