For marriage with my mother sister daughter under the hindu marriage act,1955

Guest (Querist) 06 February 2013 This query is : Resolved
Dear sir..

My name is falguni chauhan, age 25 years, i m a hindu,i have a brother which is an 23 years, i m a elder sister of my brother.. i want to some advice that my brother has fell with my mothers sister daugter.. Which is an 19 years old. Now both want to marry , our family is against this decesion. Our family told that if both we married, our family will killed them.

So both decided to marry in court. I want to know that, if he get married in court, can both will get help from our law. Or his married will be valid or void.

My mother family consisting that the my mother is 2 number child of his father. & my mothers sister is 5 th number sister of his father.

can u tell me the best possiblity to done to both can live toghether.. Cause both decided to died if both can not stay together.. Plz suggest the best possiblity . Your answer can save life of both..

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Nadeem Qureshi (Expert) 06 February 2013
Dear Querist
as per section 2 (g) of Hindu MArriage act, 1955
g) "degrees of prohibited relationship"-two persons are said to be within the "degrees of prohibited relationship"-

(i) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other ; or

(iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or

(iv) 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 (f) and (g), relationship includes-

(i) relationship by half or uterine blood as well as by full blood;

(ii) illegitimate blood relationship as well as legitimate;

(iii) relationship by adoption as well as by blood
and all terms of relationship in those clauses shall be construed accordingly.

feel free to Call

Guest (Querist) 07 February 2013
thanks sir , what is solution for that...

ajay sethi (Expert) 07 February 2013
no shortage of girls in India . find another girl and marry her

Guest (Querist) 07 February 2013
I already know that.. Plz suggest another best solution to relating to this..

Guest (Querist) 07 February 2013
I want suggestion on how both are live without any fear or tension and how both can save his life.

R.K Nanda (Expert) 07 February 2013
agree with Sethi.

Guest (Querist) 07 February 2013
Sir can u tell what is option they will live together

ajay sethi (Expert) 07 February 2013
why you want to antagonise whole family? we wont advise any live in relation ship it is your call

Guest (Querist) 07 February 2013
We doesnt want to any body to harm.. We want only safety of our life from any body... Therefore we want advice of you.. We are not going to antagoise our family or others. Or we not going to tell any body of our relationship. But our consent is to keep our safety..thats it.

Guest (Querist) 07 February 2013
We want safety for both..

Guest (Querist) 07 February 2013
We kept secret our relationship..

ajay sethi (Expert) 07 February 2013
these relationships dont remain a secret . some one will see you together . nyhow we have advised you . it is your call

Guest (Querist) 07 February 2013
Respecred sir, i appreciate your answer..i want advice on your answer.. What is step to secure both wheny he will caught by our family..

Guest (Querist) 07 February 2013
There is no other option to they get married in court as per th provision..

Guest (Querist) 07 February 2013
We want security measure, how we protect ourself by doing this.. For our protection we choose option to court marriage. Now we want how we secure from doing this..

Guest (Querist) 07 February 2013
please i request you to all please did not give any thinking of yours, we want only Security measure to protect us.

Dr V. Nageswara Rao (Expert) 08 February 2013
The marriage with mother's sister's daughter is void ab initio through out India under HM Act, 1955.

You cannot get married under any other law governing Hindus.It affects the status of kids born out of such marriage which is considered incestuous.

Guest (Querist) 08 February 2013
how children will affected, we finded some case were children status are cleared, & that husband wife is children of same mother & father. in our case, we both are children of diffrent fathers. If court had that type of issue, we are not going to born our child. we adopt it.

ajay sethi (Expert) 08 February 2013
we have advised you at length . yet you are determined to get married . so do what you want . your marriage itself would be void

Guest (Querist) 08 February 2013
Respected mr. Shethi,

My moms brothers is said that we play politics against both & killed both of you.. So we decided to court marriage for safety of us. If court says that it is void, it means law cannot provide us a safety.. Now we want that on what way we can get safety from law.

Sir, we are not servant of others. Its our life & we decided to live & its our choice. We are provided a safety to from our side to our family that the we are noy affecting his life in his society.but just we decided to live toghether, they will kill us. It is not proper way.

If our family peacefully can cancel relationship with our. We didnt make objection.we cannot quit resposiblity for him. We complete indirectly resposnsiblity of us. We can not make regret any one for us.

ajay sethi (Expert) 08 February 2013
ok do as you wish . query is hereby reoslved

Guest (Querist) 08 February 2013
how it is resolved.. i didnt get any sted how i protect both. after than it is resolved,

Guest (Querist) 08 February 2013
for a god sake, please give a great suggestion i request you.

R.K Nanda (Expert) 08 February 2013
go to different state from the one in which you live.

R.K Nanda (Expert) 08 February 2013
now at least you got answer to ur problem.

Guest (Querist) 08 February 2013
but shifting one state to another..it is not solution. someone was find me on other state.

Guest (Querist) 08 February 2013
dear sir, i want only how we protect by usself. thats it.

R.K Nanda (Expert) 08 February 2013
do not be so panicky as nothing is going to happen.

Guest (Querist) 08 February 2013
thanks.. but "safety is better than others" is best medicine. so we want appreciate your consideration, if you tell us a provision of law to secure our self, cause we didnt know law to rescue us

M V Gupta (Expert) 08 February 2013
Under Hindu law cousin brother and cousin sister cannot marry. It is as sinful as a brother marrying his own sister; or father marrying his daughter. I am giving these examples to drive home how immoral and unnatural for Hindus to do so. But under Islamic law a man can marry his paternal uncle's daughter. Hence one way out appears to be for both the persons convert themselves as Muslims and do the nikah as per
IsIslamic Law.

R.K Nanda (Expert) 08 February 2013
children born out of such marriages are

mostly abnormal and defective.

Guest (Querist) 08 February 2013
thanks sir, but there is only islamic law, there is any others law like christian, jains etc. , & what is procedure to change cast.

Guest (Querist) 08 February 2013
dear mr. nanda sir, we can make adoption for child. we doesnt want to birth child, we ready for this. but we want our safety that it. we doesnt want to court marriage if our family peacefully ready for solve this problem.,

R.K Nanda (Expert) 08 February 2013
ok then go for peaceful solution.

Guest (Querist) 08 February 2013
dear mr. nanda sir, the brother of the girl which i married is also abnormal since its birth, he is only for 12years, then why he is abnormal, my mothers sister are married with the diffrent person then, how can u decide abnormility, i telling you can search on google no examples you find which are children of same parent & his sons are normal.

R.K Nanda (Expert) 08 February 2013
ur real problem is the said marriage then

marry safely.

Guest (Querist) 08 February 2013
but our moms brother does not want peaceful solution, & its appreciating our mom dad to not go for peaceful solution, thats why i m here to write query.

Guest (Querist) 08 February 2013
my real problem is safety not an marriage. i want safety for both.

M V Gupta (Expert) 08 February 2013
No other religion allows marriage between cousins. Pl consult a Khaji (Muslim priest) whether marriage with ones maternal aunts daughter is permissible.

adv. rajeev ( rajoo ) (Expert) 08 February 2013
Mother's sister's daughter amounts to sister to you, so marriage with sister How you will feel?

Guest (Querist) 08 February 2013
k.. thanks mr. s. v. gupta, sir can i tell me what is other way which can i make safety of others. can i make complaints from others if they will trying to harm us or any other activities do to harm us, it is chance that we will suceed to if they will do any harm thing activities.

Guest (Querist) 08 February 2013
mr. rajeev, can u tell me where it is written she is my sister, it is written in law, & law written by a person. & i m also person i denied that she is my sister.

Guest (Querist) 08 February 2013
can u tell me that, if i changed my cast to jain religion, can i do marriage. cause i changed my cast, my mom dad will not have mom dad as per law, is it possible.

prabhakar singh (Expert) 08 February 2013
You can deny any relation you hold but your denial can not change the status of a family/social relation.
We understand you do not feel her to be your sister but your feel can not change the actual position.

Hindu law applies to Hindus as well as Sikhs
Jain etc.And such a marriage is prohibited.

Even such a marriage is prohibited under special marriage Act,other religions barring Islam also prohibits it.

Even visiting Islam just for this purpose would be unlawful as ruled by the supreme court.

Then children born out of such a void marriage relation would be treated illegitimate in law.

There are scientific reasons behind such a bar,it is not only social custom.

And one who rebels should not worry about security to person or property.

Go any where but society will condemn this even if they do not endanger your life or property.

Guest (Querist) 08 February 2013
respected Sir,

Thanks for your answer,

1) science are only giving a possiblity, not a sure deceision, what if our children is not borned with abnormility.

2) we doesnt go to society & tell this what is our actual status. we are mentally retarded that we have made celebration by telling all the word about us.

3)we doesnt want any body help, in money, shelter or in otherways.

4)our constitution confered right to us , for live , speak etc.

5)we just demanded from society, our right to live. we are capable for live us life as others living.

6

prabhakar singh (Expert) 08 February 2013
I can only say now that if in your opinion, the law we told you is an infringement of your right to freedom and liberty guaranteed
under our constitution then you can challenge law prohibiting you from solemnization of such a marriage by a writ petition in your High court/Apex court to declare such a law to be void and beyond capacity of legislatures.

We as lawyers told you only what law is.We are not here to probe behind morals you have behind your intent.

M V Gupta (Expert) 08 February 2013
Rightly advised by Mr. Prabhakar Singh. The querist is highly obsessed by his love for the girl and does not care either for the law or morals or the Society.

Guest (Querist) 08 February 2013
sir our intention is not to challange your law & views, i m sorry for that. i only want a security measure just it.

Guest (Querist) 08 February 2013
i didnt say that law is infringement of our freedom, sir you think that just we both decided to live toghether , somebody were kill us. is it valid than. for we are doesn;t want to challange law, we are saying that if law cared for our future children, we ready for not giving birth to child.

our intention is not to harm moral of others. but what about our morals.our thinking.

my question is to you, just because we decided to live toghether , is it valid someone has got right to kill us.

if is in your views it is yes, then query is resolved.

Guest (Querist) 08 February 2013
we cared for society & others morals thats why we are taking the views of yours.

we want a life that you are living that. we not want to harm others & others dont harm us.

Guest (Querist) 08 February 2013
i assure you no one can get harm in society from us. but we want our lives so we are decided to go through law, that it,

R.K Nanda (Expert) 08 February 2013
follow the advice of all learned experts.

Anirudh (Expert) 08 February 2013
When I was reading this query, the replies by Experts and the unnecessary arguments being put by the querist, my friend was reading the posts along with me.

All of a sudden he said "LAGTHA HAI, YEH LATHON KA BOOTH, BATHON SE NAHIN MANEGA". I asked him what is the meaning of the Hindi saying, he simply smiled and said forget it.

Do any one of you know the meaning of what he said? Please help.

V R SHROFF (Expert) 08 February 2013
NO PROBLEM. LIVE TOGETHER.

COUSIN BROTHERS CAN LIVE IN SAME HOUSE.

THEIR MOTHER IS REAL SISTERS, OUT OF SAME FATHER AND MOTHER!
So They are brother and sister.

Live together lifetime, as brother and sister, and after all, Love is divine.
They have right to Love.
Don't dirty it with sex. That's All.
It will be 100% Safe.

Guest (Querist) 08 February 2013
Nice advice... grow up....my frnds also sid along with replying to query.. After 100 years back, we will see india as we stood day..

Any ways.. Thanks.. Be happy..

prabhakar singh (Expert) 08 February 2013
Dear Mr.Anirudh!

"LAGTHA HAI, YEH LATHON KA BOOTH, BATHON SE NAHIN MANEGA".

means 'Devils learn by beating'

prabhakar singh (Expert) 08 February 2013
DEAR Author : falguni chauhan!

YOU ARE NOT ALONE.I HAVE NOTICED MANY MC(s) AND BC(s) LIKE YOU IN THIS WORLD.I GO ON HAPPY.GUILT LIES IN YOU.WHY DO NOT YOU JOURNEY YOUR DESTINATION ? ARE YOU REALLY THAT WHICH MR.ANIRUDH'S FRIEND COMMENTED?

Dr V. Nageswara Rao (Expert) 09 February 2013
Falguni is purposely dragging this debate to insult the experts. Let us drop the matter. No more thu,thu, mai mai.

Sudhir Kumar, Advocate (Expert) 09 February 2013
Mr Anirudh has rightly observed. This queerest I read is putting all experts with all the knowledge they have, to their wits end without himself having knowledge of law.

He also nee to appreciate that if he enters in void marriage he can be even hauled up for rape as and when the girl wants under pressure from her family.

He does not want to understand that he is going to cause perpetual enmity between two families who are part of a family order and yet expects a peaceful life.

Further it appears that he does not want a marriage, not even a live in relationship but just immoral sex. He has formed an opinion that the experts of this forum are bound to give him advise on the way to lead an immoral life.

He needs to understand that this forum doe snot give any advise to prospective criminals or persons willing to violate moral codes.

Guest (Querist) 09 February 2013
this query resolved. please dont post your any comments. now. plz grow your thinking. you ara an expert. not an illiterate people which speaking a abuse words.

Guest (Querist) 09 February 2013
dear mr. sudhir kumar, with all due respect, we have to acknoweledge that you, we doesnt want immoral life that why we are writtened query here, if u doesn't want to suggest us great that, it now our call & our deceision what we have to do. we are criminial if you think, it is great honour to us.

any ways please , now we doesnt want any more suggestion, i hope you got that.

R.K Nanda (Expert) 09 February 2013
ok. matter is over.

Raj Kumar Makkad (Expert) 10 February 2013
I do stand with Prabhkar Singh and Sudhir Kumar.

Ms.Usha Kapoor (Expert) 26 June 2018
I agreewith Ajay Sethi and Prabhakar Singh.

For marriage with my mother sister daughter under the hindu marriage act,1955

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