Marriage related in hindu law
Querist :
Anonymous
(Querist) 12 December 2022
This query is : Resolved
Can girl of Hindu family marry her paternal grandmother's brothers son . I.e father's mother's brother's son. Same age as of girl.
kavksatyanarayana
(Expert) 12 December 2022
To a girl, the father's mother's brother, for the father is called MAMA and for the father, the MAMA son is called BAVA. the father's BAVA is called MAMA to the daughter. Hence in Hindus, it may be allowed in some areas of some states. It depends on their customs & rites.
Dr J C Vashista
(Expert) 13 December 2022
It should fall under prohibited degree
The marriage will be a prohibited marital relationship as there is a blood relationship between the married couple.
The marriage between brother and sister, uncle and niece, aunt and nephew, or children of brother and sister is not considered a valid marriage relationship as per the 1955 Act of Hindu marriage Law. Therefore, the marital bonds will turn into prohibited relationships.
Querist :
Anonymous
(Querist) 13 December 2022
Uncle niece bro sis can fall but upto what extend it is valid. He is not into a close relationship he is my grandmother brother son. Ascendant are suppose to be straight upwards not parallel. And in between i have my parents too. How come it's prohibited he is not my own uncle.
Querist :
Anonymous
(Querist) 13 December 2022
Also please explain prohibited relationship. He doesn't fall under uterine half or full blood. Also he is not my mother's brother son, he is my grandmother s brother's son
kavksatyanarayana
(Expert) 13 December 2022
Dr.Vasishta sir, whether my reply for relation is wrong sir? Is my view not correct sir? please let me know correct sir.
SHIRISH PAWAR, 7738990900
(Expert) 13 December 2022
Hello,
In my opinion, it is within the prohibited degree. Marriage with 'mama ki ladki' is allowed in some areas as per custom. But this marriage is different.
Sudhir Kumar, Advocate
(Expert) 13 December 2022
It is prohibited degree unless the local custom so allows.
The boy entering such marriage renders himself to rape charges on the allegation of having sex by falsely inducing lady to believe to be lawfully wedded wife,
Dr J C Vashista
(Expert) 14 December 2022
Dear Sh. Kavksatyanarayana ji,
As opined and advised by you inter alia,
"To a girl, the father's mother's brother, for the father is called MAMA and for the father, the MAMA son is called BAVA. the father's BAVA is called MAMA to the daughter. Hence in Hindus, it may be allowed in some areas of some states. It depends on their customs & rites. "
I agree with you to the extend that Hindu daughter of MAMA is considered to be first preference (customary) to be bride in certain areas of Southern India, however, in most of Hindu's it is prohibited degree being a sister.
The author has made the relationship complicated, as you may kindly recheck wherein it is stated,
"....girl of Hindu family marry her paternal grandmother's brothers son . I.e father's mother's brother's son......"
accordingly, if you may agree with me that she is niece of her paternal Grand Mother's brother's son and falls under prohibited degree.
However, kindly correct me if I have wrongly interpreted the relation.
Thanks and regards
Querist :
Anonymous
(Querist) 14 December 2022
The relationship is alright but special marriage act has already mentioned the degree of prohibited relationship it's nowhere mentioned grandmother's bother son. Also here we entering my grandmother father's side if we find common ancestors to find sapinda. And prohibited relationship has also got some degree if see in Hindus then everyone or the other will be an uncle niece or cousin if go to our grandparents place of hometown. But i think this not wat HMA says there is degree to a relationship. Though I have read Mulla to find out that one can be a sapinda but if the other party is not found to be the sapinda of each other then marriage is possible.
Dr J C Vashista
(Expert) 14 December 2022
Despite the fact we are learning from each other, it is my pleasure Sir.
P. Venu
(Expert) 15 December 2022
Section 3 of the Hindu Marriage Act defines "prohibited degrees of relationship" as follows:
"(g) “degrees of prohibited relationship”-two persons are said to be within the “degrees of
prohibited relationship”—
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii) if one was the wife of the brother or of the father’s or mother’s brother or of the
grandfather’s or grandmother’s brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother
and sister or of two brothers or of two sisters;
Explanation.—For the purposes of clauses (f) and (g), relationship includes—
(i) relationship by half or uterine blood as well as by full blood;
(ii) illegitimate blood relationship as well as legitimate;
(iii) relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly"
The facts posted do not suggest any "prohibited degree of relationship' as defined under the Hindu Marriage Act.
