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Varun Pratap Singh   24 January 2023

Please give your valuable comments to clear this doubt

Is there any legal issue according to Hindu Marriage Act if someone marries to her cousin aunt's daughter ? (Here I mean to say one's Father's cousin sister's daughter. ) 

Is it fall under sapinda relation if yes, how  ? 

Please clarify

 

Thanks



Learning

 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 January 2023

Father's cousin sister's daughter does not come under sapinda in some areas but it is sapinda in some areas according to their customs.

1 Like

Dr J C Vashista (Advocate)     25 January 2023

Section 3(f) of HMA, 1955, which provides

(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 be “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;

So it does not fall in spinda relationship.

1 Like

Advocate Bhartesh goyal (advocate)     25 January 2023

I concur the opinion of leaened expert Dr J.C.Vashista Sahib.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 January 2023

 A sapinda is someone who is: within or has a common ancestor relative within three generations above you on your mother's side of the family. within or has a common ancestor relative within five generations above you on your father's side

1 Like

Shashi Dhara   25 January 2023

Now the marriage has become mockery and joke ,some have gone to supreme court to marry male and male ,female and female  as constitutional right so it is right time to amend family laws to one generation to marry .

1 Like

Varun Pratap Singh   25 January 2023

Thank you so much Sir for your valuable comment. 🙏🏻

kavksatyanarayana (subregistrar/supdt.(retired))     25 January 2023

You are welcome.

1 Like

Sudhir Kumar, Advocate (Advocate)     28 January 2023

Agreeing t=with above views I will add that a boy entering in a void marrige renders himself open for rape charge.

1 Like

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