Marriage with cousin
pankaj
(Querist) 05 May 2013
This query is : Resolved
I want to marry my maternal uncle's daughter
i have read hindus can marry their cousin after converting to christianity..Is it true?
please tell me how can i convert to christianity and what i have to do to marry?
Guest
(Expert) 05 May 2013
Question is not religion, but relation by birth.
ajay sethi
(Expert) 05 May 2013
you should not marry your first cousin . it comes within prohibited degree of relation ship . it is not advisable to change one religion to circumvent the problem
ajay sethi
(Expert) 05 May 2013
what is guarnetee your cousin will agree to marry you after conversion ?
prabhakar singh
(Expert) 05 May 2013
Such conversions intending only for incest
are not recognised as valid by courts.
R.K Nanda
(Expert) 05 May 2013
agree with experts.
Devajyoti Barman
(Expert) 06 May 2013
incestuous marriage wholly illegal in India unless your customs permits that type of marriage.
Adv. Chandrasekhar
(Expert) 06 May 2013
A civil judge in Delhi married like that after both converting their religion from Hindu to Christianity. Groom's father, a lawyer challenged that marriage and the High Court of Delhi dismissed his petition and validated the marriage. Refer to last two years judgments of Delhi High Court and you can find that judgment. Let me make it clear that I am against incestuous marriages.
prabhakar singh
(Expert) 06 May 2013
A Supreme Court Bench consisting of Justice S. Saghir Ahmad and Justice R.P. Sethi passed a historic judgment on 5 May, 2000 which has almost given a death-blow to the phobia of the uniform civil code and has also sternly dealt with such persons who outwardly convert to Islam only for the purpose of contracting a second marriage thereby depriving the first wife of her legitimate, legal rights.
SHOULD NOT BY ANALOGY WE APPLY IT ALSO TO A CONVERSION OF CHRISTIANITY DONE ONLY WITH INTENTION TO DO INCESTUTOUS MARRIAGE.
Shashikant V. Patil
(Expert) 06 May 2013
Marrying with maternal uncles daughters are still prevailed in state like Maharashtra, Andhra and Karnataka. But this is without changing religion.
pankaj
(Querist) 06 May 2013
if i marry after converting to christianity will it be legal???
prabhakar singh
(Expert) 06 May 2013
Did not you read us?we are divided in opinion?
Guest
(Expert) 06 May 2013
Not legal.
ajay sethi
(Expert) 06 May 2013
dont marry it may not stand scrutiny of courts
pankaj
(Querist) 06 May 2013
The Delhi high court has said that cousins born in Hindu community can marry each other after converting to Christianity as it dismissed a plea of a retired judge against his magistrate son who married his maternal uncle's daughter after conversion.
"Respondents (couple) have rightly converted as per the Section 3 of the Indian Christian Marriage Act. Therefore, after conversion into Christianity the marriage does not fall under the 'sapinda' relationship (which is prohibited under the Hindu Marriage Act)," said Justice Suresh Kait while upholding the marriage.
what is this???
pankaj
(Querist) 06 May 2013
sir log please koi solution to do?????kaise hoga?
Guest
(Expert) 06 May 2013
Mr. Pankaj,
When you are referring to the court cases, the solutions are also there in such cases. But you are not proposing yourself also to be converted to christianity along with the girl. So, on what basis do you want solution when you want to remain Hindu but want the girl to be converted?
But what intrigues me, as you are a student, it does not seem to be your own case, rather your classroom academic exercise! You have received sufficient guidance about your position being a Hindu.
Raj Kumar Makkad
(Expert) 06 May 2013
There is no solution with us for the illegal desire of you.
Adv. Chandrasekhar
(Expert) 07 May 2013
Marriages between the prohibited relationships are not, in totality, invalidated in HMAct, and if the custom prevalis in such society, such marriages are valid as per law and they are entitled to register their marriages under Section 8 of the Act. More than 40 per cent of marraiges between the boy and the daugher of maternal uncle, across in all the castes, are solemnized in A.P., T.N. and Karnataka States. But if such custom does not prevail in your society, you cannot get advantage of this protective provision of HMA. Next, Courts have deprecated the practice of change of religion to circumvent the marriage laws. But in all those cases, you see that a Hindu man having a Hindu wife wants to go for bigamy and for that purpose changes his religion. Such practice came under the scathing criticism of the Courts. If both boy and girl, who have no previous encumberances of marriage, means they are bachelor and spinster in its true meaning, want to change their religion before the marriage and undergo through such conversion truthfully, and after such truthful convertion, solemnize their marriage as per the provisions of converted religion, that marriage is legal in the eyes of law and their children are legitimate children. After all, Constitution gave the fundamental right to freedom of religion and one can relinquinsh his religion for any reason. The only rider is that such conversion shall not put the earlier spouse (if any) into disadvantageous position. Even though the marriage after conversion becomes legally valid, both the spouses face the problem of ostricization from the society they belong to. If they are bold enough to meet such situation, they can go ahead.
pankaj
(Querist) 07 May 2013
chandu sir this means..if i and my cousin convert to christianity and marry then marriage will be legal...right sir???
Guest
(Expert) 07 May 2013
Taking chance depends upon the judge not taking adverse view on challenging by someone near & dear to you.
Sudhir Kumar, Advocate
(Expert) 25 May 2013
none of the experts above has clearly stated "yes" to your proposal.
I believe Christianity doe snot allow cousine marriage.
Thou not a muslim I believe Islam is religious faith carrying thousands of persons following the teachings of prophet and the religion was not created just as a tool of bigamy. Mr Prabhakar Singh has already elaborated the stand of judciary. It has a lot of virtues (like every other religion) to teach which one can learn even without conversion.
