Marriage problem
Querist :
Anonymous
(Querist) 07 July 2019
This query is : Resolved
iam a hindu,loving my relative since 6 years but major problem is we are parallel second cousins.under HMA it comes under prohibited relationship but i have heard that our marriage can be registered under special marriage act under which it doesnt come under prohibited relationship.we got married in month of may in temple but my parents didnt accept our marriage and threatening us that they will kill if we meet or talk again.I have been tortured and house arrested for 2 months.Can i go to police station nearby to get justice or any other option to come out of this problem.
kavksatyanarayana
(Expert) 07 July 2019
Dear querist, to me, cousin marriage is illegal under the Hindu Marriage Act. There is an exception for unions allowed by local custom in Southern India and some other places.
Sudhir Kumar, Advocate
(Expert) 08 July 2019
You cannot approach police for protection of illegal action.
There is no marriage so far.
Sudhir Kumar, Advocate
(Expert) 08 July 2019
The querist never stated whether his local custom allows such marriage. Had this been the case there would have been no problem.
Dr J C Vashista
(Expert) 08 July 2019
If both of you are adult (marriageable age), got marriage consummated and determined to stay as husband and wife, your spouse should move to High Court for writ of habeas corpus.
Consult a local prudent lawyer for proper analyses, guidance and proceeding.
If you are located in Delhi/NCR and feel so, may contact me (on appointment) with relevant record at:
Chamber No 647, Lawyer' s Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi
Cell # + 91-98911-52939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com
Querist :
Anonymous
(Querist) 08 July 2019
sir second cousin marriage is legal under SMA,y cant we approach police
P. Venu
(Expert) 08 July 2019
In my understanding, the legal elements suggest a different scenario. Such a marital relationship would be void unless it has the sanction of the custom. provisions are no different under the Special Marriage Act. However, such marriages only against each other of the spouses, not against the whole world. There is no illegality which entails a punishment or penalty.
The State is under the strict obligation to protect the life and liberty of the citizens; police is he agency meant for this primary duty. What ever the pretext, no one can be allowed to take law in their hands.
Querist :
Anonymous
(Querist) 08 July 2019
sir,our relationship is as follows my grandmother and his grandmother are siblings,my father and his father are first cousins,we are second parallel cousins.I previously posted this query whether it is legal or not.I got suggestions that we can marry under special marriage act under which we doesnt fall under prohibited relationship.Iam from telangana state and there is no custom to marry in that relation.we got married in temple in month of may.Any other solution for us to live together??as our parents are opposing it.
P. Venu
(Expert) 08 July 2019
There are no legal impediments in your staying together.
Vijay Raj Mahajan
(Expert) 09 July 2019
You can live together there is no legal implement for that, however you didn't get married under the Special Marriage Act,1954 and unless you marry under the Act you cannot take cover of that Act for calling your Hindu Marriage as valid if you say your marriage is not covered within Prohibited relationship under the Special Marriage Act.
You give notice for marriage to the Marriage Officer of the district where you live for marriage under the Special Marriage Act, if no objection raised by anyone for the marriage, and you both are not within Prohibited relationship, Marriage Officer will marry you in presence of 3 witnesses,register your marriage and issue you valid marriage certificate.
After that no one will be able to raise any objections and law (i.e the court and police) will be able to help you.
Querist :
Anonymous
(Querist) 10 July 2019
sir will the notice be sent to the home address if we apply for marriage register under SMA
