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Rahul (Student)     19 December 2012

Marraige is leagar or not

Me & My girl friend want to marry. But I need to know that are we legalise to marry.

We are Both 5th generation child.

I.e

My Tree

 

1. Father  (Mr. ABC)

2. Father -> Son1

3. Father -> Son1 ->  Daghter 1

4. Father -> Son1 ->  Daghter 1 -> Son 1

5  Father -> Son1 ->  Daghter 1 -> Son 1 -> Son 1 (Me)

My Girl Friend Tree

1. Father  (Mr. ABC)

2. Father -> Son1

3. Father -> Son1 ->  Son1

4. Father -> Son1 ->  Son1 -> Daughter 1

5  Father -> Son1 ->  Son1 -> Daughter 1 -> Daughter1 (My Girl Friend)

 

so is it legalise to marry each other ?

 



Learning

 7 Replies

Rahul Kapoor (Legal Enthusiast)     20 December 2012

hello,

i think this chart comes under sapinda relationship..

 

regards-

rahul.gogreen@gmail.com

SAM (LEGAL)     05 January 2013

No, Not possible, Dont do otherewise u will face genetic defects in ur child, please try to understand my words

Rahul (Student)     05 January 2013

Sir,,,,

But Sapinda is  from mother  3rd & From Father 5th.... as i read from blog...

But We are both fifth generation child.....

As per my attached image...

Tajobsindia (Senior Partner )     05 January 2013

@ Author,

There are two opinions, pick one which is applicable OR doable;

As per Shastric Laws 5 generations on father side and 7 generation on mother’s side the proposals are not considered.

O
ption 1:


As per S. 5 sub-section (iv) HMA the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;


So check customs and usage in your clan and if as above then one can marry which is legal marriage.


Option 2:


Party in asked relationship if could not find custom and usage then need to convert to Christianity and marry which is legal marriage if both first time marrying.


[I wish not to comment on @ Sam's reply]

Rahul (Student)     05 January 2013

Thanks Sir For Giving Reply...

 

But In Option 1 

I dont understand  what is custome and usage?

Can u Explain in details.....

Tajobsindia (Senior Partner )     05 January 2013

Hindus are divided into two separate and opposing schools of thought regarding cousin marriage.

 

The Dravidian Hindus of South India find marriage between cross-first cousins (the related parents of each cousin being a brother and sister) to be a preferred marital union.

 

In contrast, the Aryan Hindus of North India strongly oppose consanguineal marriages within seven generations on the male side, and five generations on the female side of the family.

 

Custom and usage is alternative term for 'customs' which means such cousin's marriage as customs are followed in certain communities such as cousin marriages that we hear of still date happening in AP, TN, Rajasthan's Shwetambar Terapanthi Jain community as well as among Buddhist which respective elders in family can confirm and are legal and if such 'customs' not followed in family then it is not legal within meaning of S. 5 and sub sections under the Act (HMA) which is what your whole enquiry is all about.

[In simple wordings if in parties families customs of such cousin marriages are done then it is legal and if not then Option 2 is need of the hour if party cannot forget each other and hell bent on marrying each other. Now you can interpret my two reply texts in whichever way you want to, I am done replying for explaining position of Law here]

Rahul (Student)     05 January 2013

Thank You Very Much........


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