Cousin marriage

This is prohibited relation according to Hindu Marriage Act,you can marriage if one of you converted in other religion.

No, Its not prohibited relationship as per law. But there is some hurdles called SAME GOTRA/RELATIVE GOTRA, its a communal differences.

As per  hindu law and special marriage act too, there are some prohibited Relationship listed below:

1. Mother
2. Father's widow (step-mother)
3. Mother's mother
4. Mother's father's widow (step grand-mother)
5. Mother's mother's mother
6. Mother's mother's father's widow (step-great-grandmother)
7. Mother's father's mother
8. Mother's father's father's widow (step-great-grandmother)
9. Father's mother
10. Father's father's widow (step-grandmother)
11. Father's mother's mother
12. Father's mother's father's widow (step-great-grandmother)
13. Father's father's mother
14. Father's father's father's widow (step-great-grandmother)
15. Daughter
16. Son's widow
17. Daughter's daughter
18. Daughter's son's widow
19. Son's daughter
20. Son's son's widow
21. Daughter's daughter's daughter
22. Daughter's daughter's son's widow
23. Daughter's son's daughter
24. Daughter's son's son's widow
25. Son's daughter's daughter
26. Son's daughter's son's widow
27. Son's son's daughter
28. Son's son's son's widow
29. Sister
30. Sister's daughter
31. Brother's daughter
32. Mother's sister
33.Father's sister
34. Father's brother's daughter
35. Father's sister's daughter
36. Mother's sister's-daughter
37. Mother's brother's daughter
 

Hemant

hkjain47@gmail.com 

it is very confusing some lawyers says it is prohibited while says it's not...can't understand what to do ...please help me in clarifying this as far as we know our gotras are totally different.....

anh hk jain  sir please clarify as above said person give atotally opposite answer to my problem.

Degree of Prohibited relationship as per the Hindu Marriage Act, 1955

Section 3 (f):

i. "Sapinda relationship" 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 "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 them;

Section 3 (g):

"degrees of prohibited relationship" – two persons are said to be within the "degrees of prohibited relationship" –

if one is a lineal ascendant of the other; or 
if one was the wife or husband of a lineal ascendant or descendant of the other; or 
if one was the wife of the brother or the father’s or mother’s brother or of the grandfather’s or grandmother’s brother; or 
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 3(f) and 3(g), relationship includes –

relationship by half or uterine blood as well as by full blood; 
illegitimate blood relationship as well as legitimate; 
relationship by adoption as well as by blood; 
and all terms of relationship in those clauses shall be construed accordingly.

Degrees of Prohibited relationship as per the Special Marriage Act, 1954

Section 2 (b):

"Degrees of prohibited relationship" – a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.

Explanation (I) – Relationship includes, --

relationship by half or uterine blood as well as by full blood; 
illegitimate blood relationship as well as legitimate; 
relationship by adoption as well as by blood; 
and all terms of relationship in this Act shall be construed accordingly.

Explanation (II) – "Full blood" and "half blood" – two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) – "Uterine blood" – two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation (IV) – In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;




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THE FIRST SCHEDULE [ DEGREE OF PROHIBITED RELATIONSHIP]

PART – I

Mother. 
Father’s widow (step mother). 
Mother’s mother. 
Mother’s father’s widow (step grand-mother). 
Mother’s mother’s mother. 
Mother’s mother’s father’s widow (step great grand-mother).

Mother's father’s mother. 
Mother’s father’s father’s widow (step great grand-mother). 
Father’s mother. 
Father’s father’s widow (step grand-mother). 
Father’s mother’s mother. 
Father’s mother’s father’s widow (step great grand-mother). 
Father’s father’s mother. 
Father’s father’s father’s widow (step great grand-mother). 
Daughter. 
Son’s widow. 
Daughter’s daughter. 
Daughter’s son’s widow. 
Son’s daughter. 
Son’s son’s widow.
Daughter’s daughter’s daughter. 
Daughter’s daughter’s son’s widow. 
Daughter’s son’s daughter. 
Daughter’s son’s son’s widow. 
Son’s daughter’s daughter. 
Son’s daughter’s son’s widow. 
Son’s son’s daughter. 
Son’s son’s son’s widow. 
Sister. 
Sister’s daughter. 
Brother’s daughter. 
Mother’s sister. 
Father’s sister. 
Father’s brother’s daughter. 
Father

PART – II

Father. 
Mother’s husband (step-father). 
Father’s father. 
Father’s mother’s husband (step grand-father). 
Father’s father’s father. 
Father’s father’s mother’s husband (step great grand-father). 
Father’s mother’s father. 
Father’s mother’s mother’s husband (step great grand-father). 
Mother’s father. 
Mother’s mother’s husband (step grand-father). 
Mother’s father’s father. 
Mother’s father’s mother’s husband (step great grand-father). 
Mother’s mother’s father. 
Mother’s mother’s mother’s husband (step great grand-father). 
Son. 
Daughter’s husband.
Son’s son.
Son’s daughter’s husband. 
Daughter’s son. 
Daughter’s daughter’s husband. 
Son’s son’s son. 
Son’s son’s daughter’s husband. 
Son’s daughter’s son. 
Son’s daughter’s daughter’s husband. 
Daughter’s son’s son. 
Daughter’s son’s daughter’s husband. 
Daughter’s daughter’s son. 
Daughter’s daughter’s daughter’s husband. 
Brother. 
Brother’s son. 
Sister’s son. 
Mother’s brother. 
Father’s brother. 
Father’s brother’s son. 
Father’s sister’s son. 
Mother’s sister’s son. 
Mother’s brother’s son.

 Explanation – For the purposes of this Part, the expression "husband" includes a divorced husband.

You said that you are (i) Hindu (ii) from UP.

UP is not south India.  So marriage with cousine is illegal an dther eis no scope of confusion.

Further, marriage is person other then cousine is not prohibited.

@Querist,

The answer to your query is in negative.

@Ld. Member H.K Jain,

Point to ponder for you-

Please put special emphasis and try to correctly interpret the clauses together which are in bold letters.

i. "Sapinda relationship" 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;

degrees of prohibited relationship" – two persons are said to be within the "degrees of prohibited relationship" –

if one is a lineal ascendant of the other;

In case any more explanation needed, feel free to tweet here.

Thanks,

Regards,

It is clear that this marriage is not possible in any case....and if we want to marry by our mutual consent, will any one from our family file the case against us and for nullifying the marriage....

thanks for all replies

@Querist,

1.Such marriages are void ab-initio under HMA 1955.

2. If you both are willing, register your marriage under Special Marriage Act 1954 where one can get some relaxation in certain relations. But marriage under such acts also has some side effects. Read section 18 and 19 of SPA 1954.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

sir

please tell me what are the side effects of such marriages.

@Querist,

Ref.- Special Marriage Act 1954

18. Effect of registration of marriage under this Chapter.-

Subject to the provisions contained in sub-section (2) of Sec.24 where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents:

Provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this Act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.

CHAPTER IV

Consequences of Marriage under this Act

19. Effect of marriage on member of undivided family- The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family.

20. Rights and disabilities not affected by Act.- Subject to the provisions of Sec. 19, any person whose marriage is solemnized under this Act, shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 (21 of 1850), applies.

21. Succession to property of parties married under Act.-

Notwithstanding any restrictions contained in the Indian Succession Act,1925 (39 of 1925), with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom.

21-A. Special provision in certain cases .- Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jain religion with a person who professes the Hindu, Buddhish, Sikh or Jain religion. Secs. 19 and 21 shall not apply and so much of Sec. 20 as creates a disability shall also not apply.

Summary

1. A person may be sujected to certain disability in matter of inheritance of property epecially in cases of illegitimacy of children.

2. A person is deemed to severed from his family meaning indirect negative effect if inter-religion marriages take place.

Important point- In your current case neither section has relevance because section 21 A comes into play. You need not worry about your marriage under this act.

Hope that clarify the issue.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,