Second Cousin Marriage
Querist :
Anonymous
(Querist) 23 July 2015
This query is : Resolved
Hi. I am an adult female living in north India. I am a Hindu and want to marry my second cousin(father's father's brother's son's son). Can our marriage be solemnized under Special Marriage Act? Most importantly, what does section 19 of the SMA point out? Will I be legally prohibited from practicing/professing Hinduism and/or having any ties with my family after the legalization of the said marriage? Please answer.
Querist :
Anonymous
(Querist) 23 July 2015
Please help.
Sudhir Kumar, Advocate
(Expert) 24 July 2015
Can our marriage be solemnized under Special Marriage Act?
Section 4(d) of the Acts specifically bars registeration of such marriage
Most importantly, what does section 19 of the SMA point out?
THIS SECTION DEALS WITH THOSE MARRIAGES WHICH ARE OTHERWISE LEGAL UNDER THIS ACT.
Will I be legally prohibited from practicing/professing Hinduism and/or having any ties with my family after the legalization of the said marriage?
YOU CAN PRACTICE HINDUISM BUT STATUS OF LAWFULLY WEDDED WIFE CAN BE CHALLENGED
YOU WILL BE SOCIALLY THROWN OUT BY THE FAMILY FOR WHICH THERE IS NO REMEDY FOR YOU.
P. Venu
(Expert) 24 July 2015
The marriage, as proposed, is not lawful unless custom in your community allows it.
Such marriages are null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity.
However, the marriage will not affect the status as to religion or community.
As regards to the reaction or response of the family members, time alone can suggest the answer.
T. Kalaiselvan, Advocate
(Expert) 31 July 2015
Though anonymous query, expert Mr. Sudhir Kumar has given a proper reply and opinion.
SAINATH DEVALLA
(Expert) 01 August 2015
Rightly concluded by Mr.Kalaiselvan
Querist :
Anonymous
(Querist) 03 August 2015
Hello, thank you for all the answers. I would like you to know that both our parents are permissive of our marriage.I am really sorry I cannot disclose my identity for privacy reasons. So even the SMA would not allow us to legally get married? We are north Indians and I don't think...it's customary to get married with cousins in north India. Though I don't think it would be such a big issue in our society.
Moreover, we did not have a familial unbringing, or family reunions....lives, we didn't meet each other for almost all our lives until we were , say, 16. Though this does not have to do with the legality of the issue in hand, but please enlist all the factors I'd have to keep in my mind to maintain the lawfulness of the marriage, if possible within the bounds of Indian constitution. I am 20, my cousin is 21.
Querist :
Anonymous
(Querist) 03 August 2015
And as per the law, second cousins do not fall under the prohibited degree of relationship under SMA.
