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Same Gotra Marriage

(Querist) 08 June 2010 This query is : Resolved 
Hi,

I need your advice on Same Gotra Marriage.
Can we marry to our third cousins from our paternal side?
I belong to a Maharashtrian Family and in our caste we have a custom of getting married to Dad’s Sister’s son/daughter or Mothers Brothers son/daughter which are ideally first cousins.
But we are third cousins from the Father's Side and have decided to get married.
Is the marriage considered legal?
Please help me out with the same.
Many thanks for your help.

Regards,
ShreeSidhi.
Daksh (Expert) 08 June 2010
Shreesidhi,

As per the Hindu Law there are two branches i.e. Dayabhaga and Mitakshara and it is Mitakshara which prohibits the same Gotra Marriage otherwise known as prohibited Sapinda relationship. Kindly refer to the chart of prohibited degree of sapinda relationship.

Best Regards

Daksh
Raj Kumar Makkad (Expert) 08 June 2010
The relationship you mentioned in your query is not under prohibited relationship and such marriage is not illegal before eyes of law.
shreesidhi (Querist) 09 June 2010
Hello,

Can you please elaborate the above?

Do you mean to say that this marriage is legal?

Are there any chances of people filing a case against us?

In case if we get married, can we get Police protection?

Also I have a found an article on the internet which states the Special marriage act. It clearly describes "The Hindu Marriage Act 1955 marriage with second cousins (father’s first cousin’s children) is also not allowed due to the restriction known as “sapinda” relationship".

But it does not mention any details about third cousins.

Can you please go through the link once and let me know the details.

Please find the link below :
http://lawcommissionofindia.nic.in/reports/report212.pdf

Many Thanks for your kind help.


Regards,
ShreeSidhi.


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