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ritesh mehta (student)     15 November 2013

Cousion marriage under hindu marriage act

 

Hello, 

We have one client. they want to marriage each other under hindu marriage act. But both are cousin. 

is their any way to get marriage under hindu marriage special Act ?



Learning

 3 Replies

ritesh mehta (student)     15 November 2013

i know its void but is theri any way to conver marriage in Legal Way ?

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     15 November 2013

To clarify your query:

In some communities, sister's son and brother's daughter though cousins can marry as the gotra, is different. Cousins with same gotra cannot marry. Any such marriage under the Hindu law and religion is void and cannot be registered under the Hindu Marriage Act or the Special Marriage Act.

There is a scientific reason for this. Progeny of very close relation like cousins from aunts or uncles (maternal as well as paternal) cannot be healthy, they can be born with congenital defects, which can bring life long sorrow.

Hence marriage between sapindas is void marriage and there is no legal way to marry.

Laxmi Kant Joshi (Advocate )     16 November 2013

i agree with vandana ji , HMA didn't allow between cousions , It is clearly stated in section 5 which is for condition for a hindu marriage , in its section 5 (iv) & 5(v);which restricts marriages in prohibited relationship & sapandas , unless the customs governing each of them permits of a marriage between them.

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