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T.G SHAMYUKTHA   16 December 2023

First cousins

Ok so am in love with my first cousin thats my dads brothers son.we cannot Live without eachother .we live in bangalore and are major.so are there any ways we can get legally married .or should move to some other place,if so mention the place..or should we go to another country...or what is that we can do...kids not a problem we can even adopt.my family is against this..we both have same gothra...kindly give a good suggestion

 



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 15 Replies

T. Kalaiselvan, Advocate (Advocate)     16 December 2023

Your relationship comes under priohibited relatioship hence your marriage will be considered as void in the legal terms.

Therefore you will not get legal recognition even if you marry each other against the wishes of your respecitive parents. 

T.G SHAMYUKTHA   16 December 2023

Then whatt suggestion could u give us?

 

kavksatyanarayana (subregistrar/supdt.(retired))     16 December 2023

No suggestion can be given.  It is the law and DHRMA SASHTRA also.

T.G SHAMYUKTHA   16 December 2023

Can moving to other place or converting religion help?

 

T. Kalaiselvan, Advocate (Advocate)     17 December 2023

Every religion has a restriction in this regard in its own way. 

If you want to get married to each other without bothering about the legal recognition to your marriage then you can decide accordingly but remember that you cannot get any legal assistance in case of dispute at a later stage. 

Dr. J C Vashista (Advocate )     17 December 2023

I fully agree with learned experts hereinabove.

If both of you have already decided, there is no need to ask anyone, proceed and face consequence without any fear or favour.

Legally, socially and morally you cannot get married till the time you (both) are professing Hinduism, .

 

T.G SHAMYUKTHA   17 December 2023

Can moving abroad help?or any particular country?

Sanskriti Tiwari   17 December 2023

Section 5(v) of the Hindu Marriage Act, 1955 prohibits marriage between individuals within a prohibited degree of relationship, which includes first cousins. This law is in place to prevent consanguineous marriages within specific degrees of relationships, citing genetic risks among other reasons.

Moving to another place within India or another country might not solve the legal issue, as most jurisdictions uphold similar regulations on cousin marriages due to similar concerns. However, some countries and states permit such marriages, like certain states in the United States, parts of Europe, or other regions globally.

Regarding the same "gotra" issue, it's traditionally discouraged in Hinduism due to belief in common ancestry, though its legal implications vary.

For resolution, seeking legal counsel to explore the possibility of a Special Marriage Act, 1954 or adopting alternative legal mechanisms, if applicable, might be an option. Nonetheless, navigating family sentiments, societal perceptions, and legal constraints will be complex. Overcoming familial objections might involve counselling or legal mediation.

T.G SHAMYUKTHA   17 December 2023

, seeking legal counsel to explore the possibility of a Special Marriage Act, 1954 or adopting alternative legal mechanisms, if applicable, might be an option.

This isnt clear...pls explain

Sanskriti Tiwari   17 December 2023

The Special Marriage Act, 1954, provides an avenue for individuals from different religions or even within prohibited degrees of relationships, like first cousins, to marry. But it's only in the cases where the custom of any one of the parties allows and Hindu Marriage Act does not contain any provision regarding such marriages.

However, there are also certain relaxations to the same. Exploring this legal avenue involves understanding the process, fulfilling legal requirements, and potentially consulting a lawyer experienced in this area for understanding the specifics and ensuring a smooth process.

But on the other hand, even if you marry under the Special Marriage Act, it might not resolve all issues, especially if there are strong familial objections or societal challenges.

 

Dr. J C Vashista (Advocate )     18 December 2023

@ T G Samyuktha,

Experts have already made it abunduntly clear, now it is your call to proceed or not.

You must do not stretch such illegal and invalid thread which is waste time and efforts of experts.

Sudhir Kumar, Advocate (Advocate)     18 December 2023

whether such marrige is allowed by your personan (territorial / tribal) custom

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 December 2023

In the film Pakeeza first cousins fall in love and get married. Probably both of you can convert to Islam, go to a Mulla and ask him to perform your Nikah,

Dr. J C Vashista (Advocate )     22 December 2023

@ Dr. Ramni,

You may appreciate the fact that there is lot of difference between "real time issue" vis-a-vis "drama" / "film" besides the fact couple of the said film stated to have professed "Muslim" religion.

 


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