Me and my first cousin are in love with each other and we wish to marry. She is the daugher of my mother's younger brother. We are Hindu (Bengali) and both of us are adults. I am financially stable and perfectly capable of taking care of her and our family thereof (should this matter). I have the following questions:
1) Is this marriage allowed under Hindu Marriage Act or any other special act applicable to Hindus?
2) We belong to West Bengal; but I am not sure whether there is a local or community tradition supporting such marriages (from the legal perspective). I have seen some cases of such marriage but I am not sure whether they enjoy a valid legal status. Kindly cite any past judgements which have favoures such marriages in the community (W.B).
3) Does the state (within India) where we intend to marry have any legal bearing on the marrriage. Or to put it differently, does the interpretation of the act differ in one state and the other?. If so, are which Indian state offers the most legal protection for such couples?
4) Is it possible to get married in Arya Samaj Mandir under Arya Samaj Hindu rites and then get the marriage registered by the Marriage officer/Registrar of the particular state so as to get a Marriage certificate issued. Will such a certificate be valid in the court of law inspite of the consanguinity in marriage?
5) Lastly, in case such a marriage cannot be made valid under any Hindu Act / Civil Act, what are the legal chanllenges for the future generation (succession, etc). Can any individual ( say, our family members) forcibily separate us in connivance with the authorities? Can we go to court and get legal protection considering that we are willing adults and perfectly capable of taking decisions regarding our life?
You would appreciate that this is very critical for both of us. We would still be ready to be ostracized by our families or society, so as our act is legal and would not cause any hardships to the future generation.
Note that I would be separtely looking at the medical challenges and undergo a pre-marriage genetic counselling (there are reports that the genetic risk is overrated).
Thanks, in advance.