Marriage related
Sanara2106
(Querist) 05 January 2013
This query is : Resolved
I And my partner are fourth generation of our ancestor. He and me are cousin. My mom and his father are also cousin. Dan Our marriage would be valid or void as per Hindu Marriage Act?
Sanara2106
(Querist) 05 January 2013
By my Mom and his father are cousin brother and sister. Nd Dan we are Cousins.
V R SHROFF
(Expert) 05 January 2013
maternal cousins or both from same grand father??
Sanara2106
(Querist) 05 January 2013
Maternal Cousin.
Sanara2106
(Querist) 05 January 2013
Grandfather ke fATHER
Raj Kumar Makkad
(Expert) 05 January 2013
There is no restriction of such marriage as this do not come within the prohibited relationship as per Hindu Marriage Act.
Sanara2106
(Querist) 05 January 2013
I read some points reagrding Sapinda Relationship and Prohibited Relationship and have some doubt. I and He are Cousin brother and sister and my mom and his father are also cousin, nd my mom father and his father father are brother. Means our great grandfather are common. Dan have any issue?
Raj Kumar Makkad
(Expert) 05 January 2013
As father of your mother and her grand father are brothers then such relationship do not come within spindas and thus there is no restriction at all.
Sanara2106
(Querist) 05 January 2013
Sir, Pls there is some doubt of 5th generation by father and 3rd generation of mother of both. Some issues are there. Pls clear me, that will be helpful for us.
Raj Kumar Makkad
(Expert) 05 January 2013
There is no issue. Go through the legal position minutely:
Section 3 (f):
i. "Sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
ii. two persons are said to "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;
Section 3 (g):
"degrees of prohibited relationship" – two persons are said to be within the "degrees of prohibited relationship" –
if one is a lineal ascendant of the other; or
if one was the wife or husband of a lineal ascendant or descendant of the other; or
if one was the wife of the brother or the father’s or mother’s brother or of the grandfather’s or grandmother’s brother; or
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 3(f) and 3(g), relationship includes –
relationship by half or uterine blood as well as by full blood;
illegitimate blood relationship as well as legitimate;
relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.
Sanara2106
(Querist) 05 January 2013
Sir Sorry to say bt, ye provision pada tou bt result exact saamne nhi aa raha. So Pls Clarify result only.
