Querist :
Anonymous
(Querist) 25 September 2010
This query is : Resolved
can i marry my father's sister's son? is it legal under hindu marriage act?
thanks a lot all of you.. i am very glad that you people took this small matter of mine under your kind consideration.. basically i am a girl from a marwadi family and as you know marwadis are very orthodox, so i needed to know that if me and my cousin go agianst them, then what if we needed legal help.. but as you all have told that such marriages some under prohibited marriages of HMA thus i don't think it's gonna work out..
Adv Archana Deshmukh
(Expert) 26 September 2010
If it is permitted by custom in the caste to which you belong then only it is legal otherwise not. In some castes amongst Hinus it is permitted.
Parthasarathi Loganathan
(Expert) 26 September 2010
Culture varies from State to State. In fact, in South India it is traditional that marriage with sister's son or daughter for male or female is quite common. Law is totally silent on this aspect
R.Ranganathan
(Expert) 26 September 2010
I agree with Mr. Parthasarathi Loganathan that in South India it is legal and accepted. Even this fact is brought out in most of the films.
Rajeev kulshreshtha
(Expert) 26 September 2010
yes i agree with the experts. It depends on the culture.
Y V Vishweshwar Rao
(Expert) 26 September 2010
I agree with Advocate Archana ! The Law Recognized Custom permit marriage.
N.K.Assumi
(Expert) 26 September 2010
If the customs sanction such marriage it is not illegal, and customs means just an accepted norms recognized by a particular group of persons and as such it varies from caste to caste or tribes etc. As for example the Tribal people of Gonds and Bhotias of Sikkim and even the Aroras of Punjab recognized such marriage.And when it is only a sanction matter by the Customs I am of the view that it can be solemnized provided you are ready to face the wrath of your community.
s.subramanian
(Expert) 26 September 2010
I agree with the views expressed by Mr,Loganathan.
Kirti Kar Tripathi
(Expert) 26 September 2010
The view of Advocate Archana is correct. Only customs prevailing in the community permit this type of marriage under Hindu Marriage Act, otherwise such type of marriage is illegal and void
Parthasarathi Loganathan
(Expert) 26 September 2010
This debate should not drag any controversies as to the correct legal interpretation of HMA wherein nothing is stipulated as to the correct relationship between the boy and girl slated for marriage.Our South Indian culture traditionally for ages believed that marriage with maternal uncle's son or daughter or maternal uncle himself can never be illegal. And if that is so, then majority of south indian marriages would become null and void ab initio. Hope Mr. Tripathi, Adv.Archana and Mr.Barman has many South Indian friends to check up this aspect even on legal context.
M/s. Y-not legal services
(Expert) 08 October 2010
Am fully agree with mr.partha.. Because in tamilnadu, its a traditional one.. A hindu can marry with his or her father's sisters son or daughter like that he or she can get marry with his or her mother's brother son or daughter..
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