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Engineer (Engineer)     30 October 2012

Same surname and gothra marriage

Hi Everyone,

 

Me and my girlfriend have same surname and Gothra. We both are relatives. We are in love from past 4 years. We want to get married now. She is afraid to tell our matter to her parents. She is my direct grandfather's (mothers father) sister grand daughter (daughter's daughter). I have read about sapindha relationship and its importance in Hindu marriage law. Does our relationship is sapindha? Can we both get married as per Hindu marriage act? 

Regards//



Learning

 5 Replies

Rahul Kapoor (Legal Enthusiast)     30 October 2012

yes u both are sapinda and cant marry  unless the custom or usage governing each of them permits of a marriage between the two;

Goutam Prasad (Advocate)     30 October 2012

You both falls in sapinda being within 3rd degree from maternal side. Forget of this marriage as the same will never be recognised by law. This proposed marriage will be void ab initio.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Tajobsindia (Senior Partner )     08 January 2013

1. The reference to context relationship falls under prohibited relationship as per HMA, The Act, hence marriage under HMA is not possible.
2. Both of you can marry after converting to Christianity before marriage ceremony. 

There is no other way out even if you ask same question after 3 months !

adv. rajeev ( rajoo ) (practicing advocate)     08 January 2013

I do agree with tejobsindia

stanley (Freedom)     09 January 2013

And it would take you a year or two to convert to christianity and it does not happen very easily .And go through the below article also .

But as for two first cousins… the Church’s position is that they are forbidden to marry only by ecclesiastical law, not by divine law. For this reason it is canonically possible to receive a dispensation that permits two first-cousins to marry validly in the Catholic Church. 

History buffs are undoubtedly well aware of countless examples of such dispensations granted to members of European royal families in centuries past. Often it was argued — convincingly — that it was politically expedient for the two cousins to marry, because their wedding would contribute to peaceful relations between their two countries. Sadly, the bloodlines of most royal houses became so intertwined that significant genetic problems eventually arose among some family members. The daughter of Spain’s Ferdinand and Isabella, for example, was apparently insane and became known as “Juana la Loca,” or “Joan the Mad.” And just a couple of generations later, Carlos, the eldest son of Spain’s King Phillip II, was born physically handicapped and mentally unstable. It is commonly understood that too much intermarriage between too many cousins wreaked genetic havoc within Europe’s royal families, leading to the various medical problems suffered by these and numerous other royals.


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