Can i marry my paternal grandfather's sister's daughter's son under special marriage act?
T. Kalaiselvan, Advocate (Advocate) 07 February 2024
This may fall under prohibited relationship however if your caste customs permit this marriage, you can proceed with the solemnisation of the marriage as per caste customs and get it registered under special marriage act also.
manish soni 08 February 2024
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 08 February 2024
Cousins once removed are also cousins for the purpose of Marriage Act. But there is a confusion here. Under the law cousins upto 5 generations on the fathers side are prohibited and up to 3 generations on the mothers side are prohibited. So you cannot marry him, but he can marry you. For the purpose of counting generations the boy or girl concerned is taken as generation one. So you are the 4th generation on the paternal side and he is 4th generation on his mother's side. I think your marriage is permissible.
manish soni 08 February 2024
thankyou for your answer DR MPS RAMANI,
As we can see , from the boy side he is first generation ( his mother 2nd, his maternal grandmother 3rd and his maternal grandmother's parents are the common ancestors [4th generation] with mine ) . So from his side the marriage doesn't come under prohibited relationship.
But if we look from my side, myself is first generation, my father is 2nd generation, my grandfather is 3rd generation , and my grandfather's parents are the 4th generation who are the common ancestors of the boy too. So from my paternal side, its the 4th generation.
So this is the confusion part actually because from boy's side its fine while from my side its under the 4th generation. So whether it will be legal or not under the special marriage act?
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 09 February 2024
First cousin once removed means son or daughter of the first cousin. Children of brother and sister are cross cousins. Children of two brothers or two sisters are paralell cousins. In your case you are cross cousins two generations later. In South India including Maharashtra even first cross cousins can marry. Under the law sapinda on the mother's side means mother's parents, her father's parents etc and not her mother's parents etc as in your case. Hence according to my reading of the law you two can marry. You approach the Registrar of marriages and find out what he says. The word sapinda comes from the word pinda. A pinda is a rice ball offered to dead ancesters. A person offers pinda to mother and mother's parents and not to maternal grandmother's parents. What I say here is law and not necessarily my own opinion.
manish soni 10 February 2024
Thankyou for the valuable reply DR MPS RAMANI,
As you said correctly that mother's side means mother's parents which means her father's parents and not her mother's parents.
But if we look from my father's side , then i am the first one, my father is second, my father's parents are 3rd and their parents are 4th ( who are the common ancestors of boy's maternal grandmother), so will this affect under sapinda law or the prohibited relationship law?
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 10 February 2024
As I already said you are not within prohibited degrees of relationship for marriage. But if you go to the Registrar it is his opinion that matters. If he does not agree you will have to contest and it is a difficult process. Why are you particular about special marriages act? Are your families against the marriage? In India most marriages are not registered. You try for marriage without registration.