Maternal side second cousin marriage-hindu law

respected sir

According to Hindu Marriage Act, persons are said to be under the degree of prohibited relationships if-

1.  If one is a lineal ascendant of the other

2. if one is the wife or husband of the lineal descendant or ascendant of the other

3. if one is the wife of the brother or of the father's or mother's brother or grandfather's or grandmother's brother of the other

4. If the two are brother and sister, uncle and niece, aunt and nephew, two brothers or two sisters, children of brothers and sisters.

5. they are not Sapindas of each other (unless the custom allows them to do so)

hence a person cannot marry up to third generation in the line of ascent through the mother and fifth in the line of ascent through the father.

regards  
 

your query is duly answered above. in India, such a marriage is void but as you said you belong to different countries then I presume that your marriage outside India can be solemnized but that marriage would still remain void as per Hindu Marriage Act. Choice is yours.

Respected Sir,

A 'sapinda relationship' as defined under the Hindu Marriage Act, 1955 with reference to any person extends as far as the third generation (inclusive)in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

ii two persons are said to be "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of the;

Sir, two people who are each other sapindas cannot marry each other under Hindu Marriage Act. In plain words, a person can not marry up to his second cousin from the mother's side and up to his fourth cousin from the side of the father. It is also necessary the parties should not be sapindas of each other from either side.

So if you do not share a sapinda relationship with her then you can marry her under Hindu Marriage Act.

However, as you said you both belong to different countries so your marriage will be validated according to the rules of the place where you both marry or which have jurisdiction over your marriage.

Regards

Arpita Chauhan

Thank you for your response. I want to clarify this two things.

1. My mother and her mother are maternal cousin sister not real siblings.

2. Considering myself as 1st generation, I did this calculation correct me if I am wrong, to think that we both are in 4 generation, and doesn't come under prohibited relationship.

Me and she-  Generation 1

My parents and her parents - Generation 2

My Grand parents and her grand parents- Generation 3

My Great grandmother her great grandmother- Generation 4 (same person)

Yes, Sir.

According to me you both are not in a prohibited relationship.

But for being hundred percent sure, I would suggest that please consult a lawyer.

Regards

No. It is prohibited relationship.

Respected Sir,

I apologize for the glitch but as you have presented the Generation Chart , it makes your mother and her mother as the first cousins which means you and her are second cousins from maternal side. You both being second cousins means you cannot marry under Hindu Marriage Act. 

Regards and Apologies