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Jay (Financial analyst)     10 November 2009

Marrying first cousin in TN--Pl help

Hi,

I am a 26 yr old man(Hindu) working in a private co in TN.Three years back I met and fell in love with my first cousin(Mother's sisters daughter).I've mentioned I 'met' her because,my parents and her parents were not in good terms at all and we happened to meet incidentally.(I have mentioned this bcoz I did not grow up with my cousin and we never were in any rlationship and it was like meeting someone new)

Now my cousin is 25,well educated and in a respectable career.We both understand that first cousin marriage is not a very good idea considering the medical issues that could occur for the offspring.But then we are understand each other very well and are truly in love with each other and this kind of marriage is happening(ie cousin marriage) for the first time in the family so there can be no fear of inbreeding.

Now my question is:

(i) Cousin marriages are quite common in TN but its not of this kind,its more amongst cross cousins.I would like to know as to how to register this marriage.

(ii)My parents are ok with the wedding while the girls parents are not.Is their consent enough to register the wedding(am asking this bcoz I read somewhere that consent of one of the relatives would suffice to register these kind of cousin marriages)

(iii)My kind of marriage is very common amongst Sindhis and muslims as well,am unsure as to how they register,Sindhis also come under the categorization of Hindus right?

I would be extremely grateful if some one can help me out here.



Learning

 14 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     10 November 2009

 

 

under hindu law it is prohibted due to spinda relationship.

Therefore if u both can convert urself into muslim them then it is possible.

Else even after marriage, it is not a legal marriage and void marriage.

Think again and good luck

Regards

Suchitra. S (Advocate)     10 November 2009

Sir, this kind of marriage within prohibited degrees will become void if it is not permitted by custom.  And person procuring marrigae in contravention to this provision would be punishable under section18(b).

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     10 November 2009

So either leave idea of marriage or convertion.

Regards

 

Suchitra. S (Advocate)     10 November 2009

If you get married  despite this, you will not be having any legal remedy available to you both , as law does not recognise your marriage.  If any of you marry another person even after this marriage with legal formalities met with, then, that second marriage will hold good in the eyes of law.  So, think before twice before you decide on this type of marriage.

Vikas Dharmendra (Consultant)     10 November 2009

it is okay to love someone, but marriage is not about only love... Consider all situations

1 Like

k.mukundraj (n/a)     11 November 2009

Dear Jay,

 

While you express your pain all the way of loosing your love.  I am not sure, if you say that your parents are ok with it.

However, please make sure, you up-keep our traditions.

Lets not find loop holes as to how to conduct this marriage.  Let us see for better options.

You may try you heart elsewhere.

 

Regards

1 Like

Jay (Financial analyst)     11 November 2009

Dear Mr.Mukund/Vikas/Kamal Grover/Ms.Suchitra, I would like to thank all of you for your suggestions. Ms.Suchitra-You have mentioned that punishment is possible us18(b).But this I reckon is as per Hindu Marriage act. Can the marriage be registered under Special Marriages Act.I came across this report in the foll link(Pg 19)

https://lawcommissionofindia.nic.in/reports/report212.pdf

My sincere thanks once again for all of your valuable suggestions.But I live in a state(TN) where had this girl been my mothers brothers daughter instead of my mothers sisters daughter,my marriage would have been celebrated in all pomp and glory.If marriage between all close relatives are not accepted then I agree-I am wrong.But  do you think this kind of hypocrisy is fair.Since we are anyway different families(different gotra's).Kindly do not think I am arguing or suggesting you are wrong.

Suchitra. S (Advocate)     12 November 2009

Jay ji, Spl marriage Act is meant for people who marry are from different religions. It doesnt fit your case. We are here advising what is permitted by law. We can argue so many things but now in India, marriage between first cousins is permitted only if such marriage is permitted by the custom and not otherwise.

Ajay Krishna (Manager)     12 November 2009

Boss! You can simply go ahead and get married...... One of my Dad's Cousin just got married the same way...i.e., mother's sister's daughter..... They are happily married and settled abroad.....They even have two lovely kids with absolutely no problem...... Even both of them are from TamilNadu....

I would say...just try and do your best to get the girl's parents to agree.......Then they won't be much of a problem...... ultimately its an agreement of trust between the two of you.....Don't worry of the world.....

Once you are married.....all the certificates can be done latter on.....India mein kuch bhi chalega....

Zaroor hogi pyar ki jeet.......Don't worry.....

1 Like

Suchitra. S (Advocate)     12 November 2009

Hellow Ajay ji, Jay has come here for legal advise.  And in your case, you have said the couple are living  abroad now. Here, both of them have to live here and Indian courts do not recognise such type of marriage. What is the use of such marriage when there is no legal sanction? I know everything will be fine till you come across problems.

2 Like

Jay (Financial analyst)     14 November 2009

Dear Ms.Suchitra and Mr.Krishna,Thank you so much for ur valuable suggestions.I have one more query.If I go ahead with the marriage and do not register it,(Of course I would not be eligible for legal remedies in future)...my question is :(i)When it comes to insurance policies or other financial transactions where (in future) I mention my wife as the nominee and god forbid there is some eventuality on my life,the money should reach my wife (since she is the nominee)

Am I right here or does registration of the marriage comes into picture there also.

Ajay Krishna (Manager)     15 November 2009

Dear Jay! As far as insurance policy is concerned, there is no requirement for registration of marriage. In fact you can nominate any relative you want. The Insurance Co. is bothered of only timely payment of Premium.

Strictly speaking, i think the effects of non registration of marriage would come into play only at the time of seeking legal recourse for seperation. In fact it would be more harsh for the girl than the guy......

You could also have problems, as far as Income Tax Act is concerned, which is gifting to a relative (Mother, Father, Sister, Brother, Spouse etc.) Your relationship with the girl does not fall under the "Relative" category.

But definitely you can acquire and sell property jointly. You might have to shell out tax if you gift each other things after certain limits. Say for eg., gifting expensive jewelerry....... well, its a different thing if you do not disclose it to the authorities.....

Well my friend, it all depends on how much you love her........ If you think life with her is still worth it in spite of all the hurdles....simply go ahead.....

What happens later.....Dekha jayega.......

Of course our fellow legal professionals are always there to sort out the issues for you some how.......

There is always some remedy for everything in life...... It depends on how you look at it......

 

Suchitra. S (Advocate)     15 November 2009

Jay ji, It is your wish to nominate whomsoever you wish to as a nominee for insurance or any other transactions. Law only needs that the identity of that person nominated to be proved. There is no need of marriage registraion certificate for these things.

Apart from what  Ajay sir has told , marriage registration certificate is necessary if you want to get a passport.

sumit (software engineer)     16 October 2010

This is a wrong law and is definitely followed by india after the western countries like usa made after some researches about the children from such marriages.  When even the same s*x marriage have been given an ok by the law , i dont think such a law should exist coz those who want to , will do in any case. And those dont like will not do , as it happens only with some people in todays very mobile world. And its very normal and should not be prohibited. It only cause problems in life of many loving and passionate people. For JAY register your marriage normally. Dont tell about the relation you have. That will be a solution . hv nice life


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