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akhilesh patidar (mr)     21 May 2010

marriage with relative

please some one help me to make me decide. Can i marry with my grand father's real brother's daughter's daughter. In this way my grand father and her maternal grand father are real brother. Please tell me wether it it is allowed as per hindu marriage act 1955. If not some other way.



Learning

 5 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     21 May 2010

please find following definiton as given in hindu marriage act under section 3.

(c) "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;

(d) "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.

Collected by the All India Christian Council, www.christiancouncil.in Page 3 of 20

Explanation.-In clauses (c) and (d), "ancestor" includes the

father and "ancestress" the mother;

(e) "prescribed" means prescribed by rules made under this

Act;

(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 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 them;

(g) "degrees of prohibited relationship"-two persons are

said to be within the "degrees of prohibited relationship"--

(i) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal

ascendant or descendant of the other ; or

(iii) if one was the wife of the brother or of the

father's or mother's brother or of the grandfather's or

grandmother's brother of the other; or

(iv) 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 (f) and (g), relationship

includes-

(i) relationship by half or uterine blood as well as

by full blood;

(ii) illegitimate blood relationship as well as

legitimate;

(iii) relationship by adoption as well as by blood ; and

all terms of relationship in those clauses shall be

construed accordingly.

Regards

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     22 May 2010

Dear Akhilesh, i think you can marry. Coz as per law, relationship is traced upto 5 degree.

Plz also provide me your location and detail to get any help.

Good luck.

Regards
adv.kamal.grover@gmail.com

09814110005

preet (dddddddddd)     22 May 2010

hiiiiiii pls help to take a decision my mother was died ad my father performed a second marraige. i want to marry my 2 mother brother son.  is it legal or not in hindu marrraige act 1955.

Arup (UNEMPLOYED)     22 May 2010

mr patidar, - yr propsed marriage will be void. i think previously asked the same.

ms preet, - yr  marrige will be void under hidu marriage act as well as special marriage act.

shreesidhi (se)     13 July 2010

 

Hi Kamal Grover,


Greetings for the day!

I need your advice regarding Sapinda Marriage for one of my close friend.

He has married a girl who is the third cousin from his Paternal side. The marriage is registered 3 years back but none of the family members are aware of it.

Can you please tell me how can we make this marriage a legal one so that none of the family members interfere or take any action against this. Can they get Police protection for this?

Also I have found a link online which states that marriage till second cousins is not legal. The document does not mention anything related to third cousins.

Please find the link below.

https://lawcommissionofindia.nic.in/reports/report212.pdf

Kindly guide us in this case & let us know if there is a way out.

Many thanks for your help.

Regards,

ShreeSidhi.


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