First cousin marriage, christian
uvw
(Querist) 04 December 2011
This query is : Resolved
Can i marry my first cousin, (she is my mothers sisters daughter) we r christians, and parents are against our relation.Both of us are from kerala. I have seen lot of querys but couldnt conclude.. Can we register our marriage, will it consider as valid? Is there any problem after we register our marriage. Means in future. If parents give any complaint against this what all problems may occur? parents are emotionally blackmailing us. can we get married legally? What are the formalities?
Egerly waiting for a reply.
Help me.
ajay sethi
(Expert) 04 December 2011
marriage among first cousins come within prohibited degree of relation ship unless there is a custom in your community which permits such marriage
KAMARAJ BHARATHY G
(Expert) 04 December 2011
I think your custom does not allow the marriage between the prohibited relationship. But, When you register the marriage, the registrar will not raise the question. However, your relatives may file litigation to declare your marriage as null and void.
Eventhough, the marriage would be null and void, no one can file criminal compliant against you
KAMARAJ BHARATHY G
9597139184
prabhakar singh
(Expert) 04 December 2011
The desired marriage even if registered by error shall be deemed void and illegal.Issues out of a void relation shall be treated illegitimate.
jeevan1950
(Expert) 04 December 2011
Your question is Tricky legal point. AS per custom and usage you cannot marry and your community wont permit the same. The consanguity is the main hurdle. a mothers sister is treated as mother because she has the same genetic system as mother. so this is all genetics. there are chances that the offsprings mayh have genetic defects and hence such marriages are not permitted. Then its your choice NOW. But no other can declare your marriage null and void if you register it in accordance with law. my suggestion is do it under special marriages act if at all you are bent upon it.
uvw
(Querist) 05 December 2011
jeevan had said about special marriage act, is it possible under special marriage act?
What can i do. I dont want to loose her.. Somebody please give a right advice.
prabhakar singh
(Expert) 05 December 2011
SMA Sction2(b) "degree of prohibited relationship" – a man and any of the persons mentioned in Part I of the First schedule and a woman and any of the person mentioned in Part II of the said Schedule are within the degrees of prohibited relationship:
Explanation I. - Relationship includes,-
(a) relationship by half or uterine blood as well as by full blood;
(b) illegitimate blood relationship as well as legitimate;
(c) relationship by adoption as well as by blood; and all terms of relationship in this Act shall be construed accordingly.
Explanation II.—"Full blood" and "half blood" – two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.
Explanation III.—"Uterine blood"—two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.
Explanation IV.—In explanations II and III, "ancestor" includes the father and "ancestress" the mother.
[See section 2 (b) "Degrees of Prohibited relationship"]
PART I
36. Mother's sister's daughter
PART II
36. Mother's sister's son
Expert : jeevan1950 has traced the science which is correct but the above are provisions of special marriage Act.
Dr V. Nageswara Rao
(Expert) 05 December 2011
The Indian Christian Marriage Act of 1872 governs the marriages between Christians of India.
S. 88 simply says:Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.
S. 4 (d) of Special Marriage Act prohibits such marriages and provides as a condition of validity that "the parties are not within the degrees of prohibited relationship:
Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.
Thus, the position is same as under the Hindu Marriage Act, that is, if the community or local custom permits certin consanguine marriages, you may marry. In South India, for instance, one may marry his or her mother's brother's children or father's sister's children but not mother's sister's or father's brother's children.
Please be very careful in checking the position of custom. Otherwise not only the marriage will be void but the legitimacy of children will be affected.
uvw
(Querist) 05 December 2011
what about changing the relegion to muslim.. ? I dont want to live with anyone other than her. Pls help me my brothers. I'm in love with her and we r going to meet today. So i want to tell her evrything which is possible for our relation.
ajay sethi
(Expert) 05 December 2011
among muslims marraige among first cousins is possible . no such prohibition
Shonee Kapoor
(Expert) 06 December 2011
Agreed with expert opinion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
uvw
(Querist) 06 December 2011
if it is possible unders muslim religion, do both of us have to change our relegion or .. I have heard one man who was hindu and changed his relegion to christianity and married his cousin.
The Delhi High Court has dismissed a petition filed by a man against his son's marriage to her cousin and imposed a fine of Rs 10,000 on him for filing frivolous suit..
Holding the marriage of cousins as legal, Justice Suresh Kait held, 'Cousins born in Hindu community can marry each other after converting to Christianity.' The petitioner, O P Gogne, is a retired judge and had filed a petition 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),' Justice Kait said.
Pulling up the petitioner, who is a practising lawyer now after retiring from Delhi judicial services for filing a frivolous case against his son, who is a sitting magistrate in a city court, the High Court imposed a fine of Rs 10,000 on him. 'This type of thinking is spoiling the broad thinking of new generation and at times it leads to honour killing,' the judge remarked. Upholding the son's wedding as valid, the High Court said the accused, who is a magistrate, being a government servant, has not committed any offence.
My question is how it happend? That man who coverted to christianity and married her cousin. And me, a christian cant i marry my cousin?
prabhakar singh
(Expert) 06 December 2011
The permanently prohibited marriages are laid down in [Quran 4:22-24]For query purpose even a muslim is prohibited from marrying a sister [full,consanguine,uterine].A full sister would be one where father and mother are common.Uterine relates to uterus i.e.,where mother is common but fathers are two.
By consanguinity we mean relationship by blood;kinship or close affinity.
