marriage with a relative
Harsh
(Querist) 24 July 2009
This query is : Resolved
Hello,
I am 21 years old, HINDU by religion and SINDHI by caste. I'm having an affair with a girl, relative of mine, who is also 21 years old. She is my FIRST COUSIN ONCE REMOVED i.e, my FIRST COUSIN's daughter (MY FATHER's ELDER SISTER's SON's DAUGHTER).
My question is that, Can i marry her??
Experts plz help me out.
Thank you.
Sarvesh Kumar Sharma Advocate
(Expert) 24 July 2009
hindu maggiege act not allow for this .and it is shem ful in to the socity also.it is a socialcrime .
out of your query- i suggest you 21 yr age is not sufficiant to make such type of disition so read your books and let close that isuee in to black box. (for five years only)
Legal Eagle
(Expert) 24 July 2009
Hi. Falling in love is very natural. However, you have to keep in mind certain restrictions. Being a Hindu, you are governed by the Hindu Marriage Act, 1955. First of all for you to get married you have to complete 21 years of age.
As regards your relation with the girl is concerned, you are falling within the prohibited limits. I request you to kindly read Sec.3 (g), which reads as under:-
(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 or 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.
Correct me if I'm wrong, your'll are Uncle and Niece by relation.
I hope am able to solve your query.
Wish you best of luck for your future.
Tarun Kalra LL.M, M.B.A
(Expert) 24 July 2009
if ur custom allows it .then u can.but if there is no such custom. It is prohibited under hma 1955
Somnath mukherjee
(Expert) 24 July 2009
according to hindu marriage you cann't do so as because it is within the decree of prohibited relationship.But if ypur customs permit then you can do the same
RAKHI BUDHIRAJA ADVOCATE
(Expert) 24 July 2009
Hindu Marriage doesn't allow the marriages like that but if ur customary law allows then u can marry with that girl.
Harsh
(Querist) 26 July 2009
.
charudureja
(Expert) 26 July 2009
only if custom permits only then you can get married to your cousinm if no such custom then this marriage can not be performed
Harsh
(Querist) 26 July 2009
Thank You Experts,
But can anyone explain me that how can i check that my customs do allow to marry or not?? and how can i assure myself that my customs do allow this marriage and if the customs allow then can i go for COURT MARRIAGE ??
Thank you.
Kiran Kumar
(Expert) 26 July 2009
well primarily the customs are not available in written form.
for the customs applicable to ur family better ask ur parents and other family members.
Britishers did make some effort to codify the customary law, it is available in the form of Rattigan's digest, but it is not a comprehensive code, a lot has been left unnoticed.
customs are in fact needed to be proved.
better option for u is to ask ur family or clan for existence of any such custom.
