Cousin marriage
Pushpendra Mishra
(Querist) 16 March 2018
This query is : Resolved
I'm in a relationship with my mother's cousin sister's daughter. Our great maternal grandfathers are the same. Is it legal to marry her?
Guest
(Expert) 16 March 2018
If not an academic query, how do you happen to know what is sapinda?
Pushpendra Mishra
(Querist) 16 March 2018
I am confused, i can't understand properly what is sapinda
Pushpendra Mishra
(Querist) 16 March 2018
I am confused, i can't understand properly what is sapinda
kavksatyanarayana
(Expert) 16 March 2018
If mother's parents/ father's parents had common ancestors, (for mother's 3rd and father's 5th generation) that marriage is void.
Pushpendra Mishra
(Querist) 17 March 2018
Both of us have common ancestor up the 4th generation on the mother's side. Under this law we are not sapindas. Hence we can marry?
Guest
(Expert) 17 March 2018
You are not confused, rather you have not tried to properly understand your academic lesson on relationships and now seeking spoon feeding from the experts.
N.K.Assumi
(Expert) 17 March 2018
There is no ready made answer to your query, as it all depends on your customary practices of your community, as to whether they accept such marriage or not. In Punjab, there are some community like Aroras of Punjab, that permits such marriage. The prohibited provisions says "unless the customs or usage governing each of them permits of a marriage between the two".
Pushpendra Mishra
(Querist) 17 March 2018
Our community don't allow such marriages, so what can we do now.
Guest
(Expert) 17 March 2018
Then forget it for the good of both of you.
Sudhir Kumar, Advocate
(Expert) 17 March 2018
agreeing with Mr Narasimha and Mr Jigyasu, I would add that beware
such marriage is illegal
any man entering in illegal marriage is open for rape charges.
Neither you are the last boy on earth nor she is the last girl on earth.
SOCIETY do not allow
CUSTOM do not allow
RELIGION do not allow
PARENTS do not allow
LAW do not allow
MORALITY do not allow
THERE IS NO REASON THAT WHY YOU SHOULD NOT FORGET THIS RELATION
Pushpendra Mishra
(Querist) 17 March 2018
I can understand, but i can't forget her, thankyou everyone
Pushpendra Mishra
(Querist) 17 March 2018
I can understand, but i can't forget her, thankyou everyone
Pushpendra Mishra
(Querist) 17 March 2018
I can understand, but i can't forget her, thankyou everyone
N.K.Assumi
(Expert) 18 March 2018
Sudhir Kumar Sir,I very much appreciate your views, but it is not what the Religion, Society, Morality etc; likes or dislikes, but what the Law says.
Guest
(Expert) 18 March 2018
" Remember only the Good the Bad will Never Forget You "- Douglas Horton.
N.K.Assumi
(Expert) 18 March 2018
Speaking through the edict of Law, the crux of the matter is whether her community accept such marriage or not? As the querist says that it is prohibited,the Law ends there. But I well remember Dr.Subarmanian Swamy, words:You got a good job but a bad wife or you got a good wife but a bad job.Let your Karma be judge by God not by man.
Guest
(Expert) 18 March 2018
Who compels you to forget her? Must always remember her as one of your sisters, like a segment of your maternal blood.
Pushpendra Mishra
(Querist) 18 March 2018
Can't do this because i love her and she loves me too, she is not my sister she is my love, true love
Pushpendra Mishra
(Querist) 18 March 2018
And like N.K.ASSUMI said, let your Karma be judge by God not by man. So please don't judge us, we love each other and loving someone is not a sin.
Dr J C Vashista
(Expert) 18 March 2018
Enough is enough.
Do not drag this thread any more.
There is no substance in your topic for time-pass and useless debate.
Sudhir Kumar, Advocate
(Expert) 19 March 2018
you should also remember that a person entering in illegal marriage opens himself to rape charges.
Guest
(Expert) 19 March 2018
If not academic query, the querist seems to have a very good reason to spoil his life.
N.K.Assumi
(Expert) 19 March 2018
Let me end by saying, who are we to judge them, let God be the Judge in such matters, as morality is between two moral persons and not between immoral and the moral person.
Guest
(Expert) 19 March 2018
This is Lawyers Club of India Forum
Guest
(Expert) 19 March 2018
Experts/ Advocates are only Posting here the Legal Opinion and Guidance here. to guide/help the Querists.
Guest
(Expert) 19 March 2018
If some one is very much interested that only the God should make Judgement what does he mean about the Courts judgement
Guest
(Expert) 19 March 2018
Such sadhus could rather better sit in Himalayas than unnecessarily involving here with their own useless comments on other experts .For your information" Rohtang Pass" in Himachal Pradesh would be the best place for your meditation. Refer about it in Google.
Guest
(Expert) 19 March 2018
Legally when such marriages are Legally Not Permissible why this and who is this Sadhu to object . He could better meditate about this sitting in Himalayas atleast for few centuries not decades.. All the best
Guest
(Expert) 19 March 2018
Mr. N.K. Assumi you are here by Strictly Instructed / Advised / Warned Not to Post an Advise Encouraging the Illegal and Immoral Activities to the Innocent queists in this Forum
N.K.Assumi
(Expert) 19 March 2018
N.J.S.Rajkumar Sir, our Parliament in its wisdom makes the Law by giving liberty to the community to decide it as moral or immoral, and the Aroras of Punjab, makes it as moral, as it is God that will make the final verdict, that makes me post those lines and not with any disdain towards any court or any individual or to encourage immoral acts.If at all you may ask the Law maker to reconsider the provisions.
Guest
(Expert) 19 March 2018
In this thread the Queist/Author had clearly confirmed such marriages are not accepted in his community.
Guest
(Expert) 19 March 2018
The Qurist/Author had clearly stated "Our Community dont allow such marriages "
Guest
(Expert) 19 March 2018
You could meditate in " Rohtang Pass" in Himachal Pradesh for few centuries not decades and come back and conduct the marriage with your powers by overcoming the community of the innocent Author.
Guest
(Expert) 19 March 2018
@ Mr. NK Assumi
Do you belong to Arora community of Punjab or the querist belongs to Arora community of Punjab?
The querist belongs to Mishra (Brahmin) community from Ujjain (Madhya Pradesh) and your destination (OTHERS) is known only to your God.
So, where is the relevance of your post about Arora community of Punjab, more particularly, when you have not referred any such document, which can confirm your opinion about Aroras. So far as I know, Arora's of Punjab do not make marriages in blood relations. You are appearing in an open forum, but without taking care of any ethic or legal support.
Better apologise for making any baseless opinion about the Arora community of Punjab.
.
N.K.Assumi
(Expert) 19 March 2018
Jigyasu Sir, I am neither of the two, and honestly, I also do not know anything about the Aroras of Punjab either. But I red from a classic book on Marriage and Divorce by a reputed author on the subject " Marriage and Divorce" 5th edition by A.N.Shah, page No.297 paragraphs 5.But considering the very subject and the edict of Law, our Parliament in its wisdom has left the morality or immorality legal/illegal in the hands of the community concern, and it will be difficult for the mortal to judge it accept God.As for the legality, it is not even the court but the community to decide it, whether they permit it or not, as court cannot say that it is illegal if the community accept such marriage, and this is spell out by the HMA itself. Thus, I am not making any wild allegations or posting my imagination on the topic or any disdain towards any one.Thus I would urged the members to see the edict of Law first and not even any commentary.
Guest
(Expert) 19 March 2018
Mr. NK Assumi,
Frankly speaking, like several others, you have also proved that most of the lawyers pose trust on fictions, rather than the real Acts of Laws of the land. If not aware of any local law and that too pertaining to the community of the querist, you were not justified to make your post merely on hearsay basis. Law of the land is not regulated by fictional work of writers, if the custom of any community is not made part of any State's law book.
Since neither the querist nor you belonged to the particular community or region you referred, your reference to that community was not called for on any ground.
Guest
(Expert) 19 March 2018
@ Mr. N.K. Assumi,
Your explanation makes me think, as if you have not realised your mistake and also not regretful for your wrong post. If in the context of law, you must know that any information provided through fictional works are necessary to be verified with reference to the laws of the land. Unverified context should not be quoted unless confirmed on verification.
N.K.Assumi
(Expert) 19 March 2018
I have only refereed to reputed author A.N.Shah's Book on Marriage and Divorce, and honestly I don't think that one has to be from the same source to locate the law, as the HMA 1955, permits the Customs and Usages of a particular community to decide the matter, without declaring it as legal or illegal. Now, unless UCC is brought on statue book, such uncertainty will prevail in matters of legality/morality etc, and whether it is a fiction or for verification, we only have to look at the source of Law.
Guest
(Expert) 19 March 2018
Totally vague and unconvincing explanation on the part of Mr. Assumi, as if the author Mr. A.N. Shah has included the Mishra community of MP State in his book or as if Mr. Assumi has given any example of MP State's customary marriages !
N.K.Assumi
(Expert) 19 March 2018
I don't think I am fit to convince a legal giant like you on this issue and HMA. And why only MP, you may like to study the marriage practices of Southern India states too.
Guest
(Expert) 19 March 2018
@ Mr. NK Assumi,
Don't try to vaguely drift away from the issue in question. The issue neither related to Punjab, nor to Arora community, nor to the Southern India States. I am not inclined to waste my precious time on any and every unrelated issues in which you may be interested. You can feel free to read any literature, no objection.
N.K.Assumi
(Expert) 19 March 2018
Jigyasu Sir, as you wish from MP etc; and Mr.N.J.S.Rajkumr, I know Himachal Pradesh geography, like the palm of my hands, and for your kind information, my last destinations is going to be the majestic Kailash Mountain, after a trip to Nillgiri hills.Thanks for the inter action.
Sudhir Kumar, Advocate
(Expert) 19 March 2018
It is truth of the matter that queriest never stated him self to be PUNJABI or ARORA.
N.K.Assumi
(Expert) 19 March 2018
Yes, Sudhir Kumar Sir, no one is doubting that; but who has created this problems? Remember, how Nehru, had to moved the HM Bills in the Parliament way back in 1950s? had it not been his wise cabinet members, the bill would have been defeated and Nehru, himself impeached. India being a land of diversity, the wisdom of the Parliament thought it fit to provide such provisions for the community to decide the legality or the morality of the subject matter, and not by the Courts of Law. What about gay marriage etc; in the country?, with Supreme court recent 9 judges judgment on Right to Privacy? it is not time to argue with philosophy and logic, but time to studyy seriously and consider where we are today. Legal fraternity is facing a hard time today, for a peaceful India tomorrow.
Guest
(Expert) 19 March 2018
@ N.K. Assumi,
Better start your journey right now for your majestic destination Kailash mountain, rather than continuing with your evasive replies and wrong advice to the querists.
