Second cousine marriage


hai,

        I am in love with my second cousine. My  relationship to her is, my mother and her mother share the same grand parants that is we both have the same great grand parants from mothers side. Is ther any legal problem in this marriage ?.. And i am from Kerala please help me I am in very bad situation its very urgent pls help me....

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Anoop,

As per the Hindu Law - there is no bar to your marriage - you guys are not sapinda - sapinda marriage is prohibited - 2 people are said to be sapindas of each other when they are descendants of a common ancestor, and joined with him by ties of sapindaship. it is counted 3 degrees (inclusive) from side of mother - here in your case since your mother's and the girl's mother's grandparents are same. But you are not sapindas - because they are not within 3 degrees to either of you.

 
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It is prohibited relation according to Hindu Marriage Act and as such it is not a valid marriage,but you can register your marriage under Special Marriage Act .

 
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practicing advocate

In relation she is your sister, so think about it.
 
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To :  Minansu Bhadra

Thanks for your information Sir,

                                           what if we register according to special marriage act, will it be legally valid, how can we do it and will we face any problem in future if somebody moves againist this.

 
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ADVOCATE

Dear Anoop,

I disagree with Sri Minasu Bhadra to the extent of advising you to perform marriage under Special Marriage Act.  Because, according to sec 4 of special marriage act, parties to  a marriage must not be within the prohibited degree of relationship.

If  you register your marriage under special marriage act, it is nothing but amounts to void marriage.

If both of u strongly desire to marry at any cost, in my opinion, it would be possible by converting both of you to islam before marriage.  I think there is no prohibition for such type of marriages in Islamic law.

 
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ADVOCATE

Hindu law does not permit you to marry as it comes under prohibited degree of relationship.

 
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