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Swastika   05 August 2015

Special Mariage act 2nd cousin marriage

Hello, I have already posted a query regarding this and thanks all who replied please before you proceed to answer this query, try to answer only the question asked with as much detail as enough. I have read that according to SMA second cousins can totally marry. But what I want to know is, will I and him not allowed to be practitioners of Hindu religion after the marriage, and will we be cut out(Legally) from our families? That's it. All i want is to make sure, I can still be a hindu and live with my family after legally getting married to him. P.S. Our customs don't allow it. We are adults from Delhi. WE ARE HINDU(RAJPUTS). And our relationship DOES NOT fall under the prohibited degrees of relationship under special marriage act. Thanks.


 5 Replies

Swastika   05 August 2015

Please help me with this. He is my father's first cousin's son. I am going through a very tough time and any valid reasons that help me with this would be a greatly appreciated.

Swastika   05 August 2015

And Yes, we are marrying with our families' consent.

Advocate/CS Sanjeev Kataria ( Advocate)     08 August 2015

dear swastika

your marriage will be legal if your 2nd cousin is not in sapinda relationship. sapinda relationship can be calcualted as within 05 generation of father side and 03 generation of mother side. another imp factor is prevaling custom, if it permits you then marriage even within sapinda is also legal. in your case, families consent is there, go for marriage as per social norms and then get it registered.


JNANENDRA   09 August 2015

01. Since both belong to Hindu ( Rajputs ), you both are covered under the Hindu Marriage Act, 1955. In other words, Special Marraiges Act is not applicable to you.

02. Since you are intending to marry your father's first cousin's son, we presume you share a common great grand parent, which means you are marrying your second cousin.

03. In terms of the Section 3 ( g) of the Hindu Marriage Act, 1955, the marriage comes under the " degrees of prohibited relationship". Two persons are said to be within Sapinda relationship, if the relationship extends upto fifth ( inclusive) in line of ascent through the father. Further, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation ( definition 3 { f) of HM Act, 1955)

04. In view of this explanation, you may like to decide your futue action



Mukesh sharma (job )     02 March 2016

agree with both of them 


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