Marriage
rituparna
(Querist) 11 November 2014
This query is : Resolved
Hi, I am Rituparna. I am dating my mother's cousin's son since December 2013. We wish to get married soon. Can this marriage be solemnized and registered under family law governing marriages? Can this marriage be registered? The boy's mother's father and my mother's father were brothers...
Devajyoti Barman
(Expert) 11 November 2014
sORRY, THIS MARRIAGE WOULD BE VOID MARRIAGE.
rituparna
(Querist) 11 November 2014
Sir, could you please explain in detail?
rituparna
(Querist) 11 November 2014
The parties to marriage must not fall within the degree of prohibited relationship. This relationship is defined under Section 3(g) of the Act.
According to Section 3(g) “degree of prohibited relationship” means when two persons are related to each other in any of the following manners:
(i) By lineal ascent: If one is a lineal ascendant of the other. This relationship covers the Sapinda relationship which extends upto fifth degree in the line of father and third degree in the line of the mother. The distinction of this category is that it extends even beyond the Sapinda ascendants.
(ii) By affinity: If one is the husband or wife of the lineal ascendants or descendants of the other. For example, father-in-law and daughter-in-law, mother-in-law and son-in-law, step mother and step son or step father and step daughter are thus within the degrees of prohibited relationship.
Please explain if this clause has anything to do with my situation.
Devajyoti Barman
(Expert) 11 November 2014
yes, it applies to you and you are sapinda with each other.
rituparna
(Querist) 12 November 2014
Is there any way out?
Devajyoti Barman
(Expert) 12 November 2014
Yes, find out a spouse beyond your doorstep.
rituparna
(Querist) 12 November 2014
You have a great sense of humour, sir. However, we are in a mutually consented live in relationship at his residence with approval from our parents. I am a psychologist and he is a doctoral candidate. So, we are planning to go abroad. So a marriage certificate is inevitable for the documentation. Is there any way we can legalise our union?
ajay sethi
(Expert) 12 November 2014
you are second cousins . you cant marry as it falls within prohibited degree of relationship . such marriage is void
V R SHROFF
(Expert) 12 November 2014
You are advised not to marry in this relationship . children can get deformed or MR .
LEGAL DISABILITY: TO IMPROVE SOCIETY AT LARGE.
So follow legal/ Religious reqnmt
Jayashree Hariharan
(Expert) 12 November 2014
foreigners will not be concerned, but in india your marriage is recognised as no marriage at all. problems regarding legality may occur at a later stage, if not now.
V R SHROFF
(Expert) 12 November 2014
See personally to any Advocate, who will solve your problem,OK.
You get VISA even on Void Marriage.. can reside in foreign ..
rituparna
(Querist) 12 November 2014
Thank you for your responses.
rituparna
(Querist) 12 November 2014
If either of us change our religion to Christianity (with noble intent, of course), does this union still come under the "sapinda" clause of the Special Marriage Act, 1954 or any other such degree of probhited relationship clause according to laws prevailing for Christian marriages?
Devajyoti Barman
(Expert) 12 November 2014
The Registrar would register your marriage under Special Marriage Act if you do not disclose your actual respective relationship by birth.
Guest
(Expert) 12 November 2014
You Expect Christ to Save you in this Also.
rituparna
(Querist) 12 November 2014
I believe in God firmly. So, it doesn't matter if its Krishna or Christ. And I expect help from whoever can help me get my relationship documented. :)
Guest
(Expert) 12 November 2014
Trusting in all the Gods are always good but Converting for a benefit with out faith is it moral please.
rituparna
(Querist) 12 November 2014
In my opinion, sir, it has nothing to do with morality. And who says I do not have faith? I mentioned that I have faith and respect for all religions. So, if I choose to convert, what's the harm?
Guest
(Expert) 12 November 2014
Choosing to Convert for a Benefit is it moral
rituparna
(Querist) 12 November 2014
Its a matter of opinion, sir. Unfortunately, mine differs from yours. Thank you for sharing your opinion. Lets not deviate from the topic please. Please offer me an approprite solution for my query.
My partner and I have had our share of soul-searching. And personally, I have concluded that marrying someone who has stood by me and made who I am and saved me from near death situation is more 'morally' dear to me. My man has a congenital heart disease and want to take care of him till I breathe my last and I think that doing this will be possible only if we are in a conjugal relationship. Besides, I do not seek to change my religion for a benefit. I respect all religions.
Dr J C Vashista
(Expert) 13 November 2014
@Rituparna,
You have adequately been advised by the experts, no room left.
You may adopt or relinquish any religion, it is immaterial at this point of time.
If you (both) have already decided to marry and enjoy then who can stop, No one.
In this situation, particularly after going through your profile, being persons of letters and well read, it is absurd on the part of experts (on this platform)to advise you any more.
I observed from the query/discussion hereinabove, being a psychoogist you are testing the IQ of experts, which should have been avoided.
Close this thread please.
rituparna
(Querist) 13 November 2014
Thank you Dr. Vashista. I take your words as a compliment (well read). I understand your advice and I will not push further. However, I did not intend to test anyone's IQ. All I wanted was expert advice to reslove my query. My own IQ has failed me miserably at this point in time with regard to this situation! I apologise to everyone if I sounded rude or sarcastic and if anyone felt offended. My honest request, please let us all be in coordial terms.
Regards,
Rituparna
Devajyoti Barman
(Expert) 13 November 2014
Better stop this thread with a wish of all the best to you.
advocate Avdhesh chaudhary
(Expert) 15 November 2014
you can change your religion & get married but mind it is known as colourised conversion. same thing apllies who convert to muslim law to get second marriage. but you can do so & get this marriage registered without disclosing actual facts. for brief you may call on 09891507137
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
You have been explained very well about the legal position involved in your case, if you do not want to go by law, it is your call. Legally, your relationship is prohibited to marry each other and if married the marriage will be void, now you decide.
