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humanist (none )     15 September 2014

Marrying cousin. need legal help

We are both Hindu but we are not religious at all. And as for possibility of our marriage leading to birth of defective children, we are open about it and if we could not make children we will go for other means. Now how do we marry legally? Please don't preach us religious values and other genetic sh*t, none of that matters to us by the least. We don't believe in god. We are just unlucky to be born in this superficial sh*t of a society And we are NOT going to sacrifice our future just because some sh*twad objects it. We love each other and we don't care if the world goes to sh*t. I only want a defense from our parents. We are capable of looking after our future. How do we marry in terms of law? Don't say anything if it is not related to law.


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 3 Replies

Tajobsindia (Senior Partner )     15 September 2014

1. Love and all those spoken emotions have to be kept aside when it comes to marriage and are para material in Law.

2. If both the boy and the girl feels they are mature enough and understand meaning of marriage and feel they should marry inspite of sapinda (prohibited) relationship as per Personal Law then the only legal option to marry is by converting to Christianity.

3. By conversion to Christianity both of you can marry and marriage can be solemnized under S. 6 & 9 and Marriage Certificate is issued under S. 9.

4. Under Hindu law you fall under degree of "prohibited relationship”  as defined  in clause (g) (iv) of S. 3 of the Hindu Marriage Act, 1955.

5. The genetic, medical myths roaming around in internet and spoken by even some legal experts are not scientific but urban legend stories, started first by elite European society members to safeguard their pure race agenda and later propagated by pseudo-doctors and pseudo-scientists of early 20's - 30's. I can find such details of urban legend in peer published work on internet.

6. Annexed is Judgment in similar facts of "first cousins" whose marriage was allowed legally by Delhi High Court inspite of respective family's objections. Read the judgment and understand how legally it could be done if in respective family's "customs" donot permit so. Mind it such “customs prevailing in family” needs to be proved if either spouse take each other to Court in future.

 


PS.:

Suggested to continue asking further questions in same one post instead of creating multiple posts with same questions asked in different ways. 

[Last reply]


Attached File : 777946188 776901163 dhc turns down cousins marriage objection raised by rtd. judge father.pdf downloaded: 98 times

humanist (none )     19 September 2014

Thank you very much for your reply. We have no problem converting to any religion. But my concern is my cousin's parents are overly protective of her. They will not let her go out without a specific reason. Doesn't converting to Christianity involve lot of hard-to-obtain paperwork and numerous visits to court? Will it be possible easily within a single day? If so we will marry in that way. I came across a not-for-profit organisation that helps couples like us. They will help us get marriage certificate without need of converting and also they will get us the document in a single day in registrar office in new delhi. We live in south India. They said that once we get the marriage certificate no one can make us separate. Is it true? They said it is not illegal for us to marry unless we are born of same parents. But we are born of different parents . She is my mother's sister's daughter. We have same surname too because our fathers are distant cousins. Will the marriage certificate protect us from our parents? Please help. We can't live without each other.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 November 2014

If you want to marry under Christian Marriage Act you have to become Christians first. You will have approach some missionary organisations for conversion. The marriage also will be performed in the Church.

The title of your post says cousins.  Otherwise there is nothing in the post itself saying that you are related except that you are using asterisks a number of times.

If you are cousins, are you parallel cousins or cross cousins? I am not asking this question for any sh*t. You say that you are from the South. Do you belong to any of the South Indian communities?Notwithstanding anything stated in the Hindu Marriage Act, marriages between relatives, which are customary in a community are valid. Among most South Indian Communities marriages between first cross cousins are customary. Is it that your parents or other close relatives are against your marriage? I do not know whether you can register as a Hindu marriage and claim it as a customary marriage. 

If you are in Tamil Nadu I understand that marriages against the wishes of parents are performed in police stations. The police there understand what is customary. A female relative whom it is customary to marry is called a "mora ponnu" in Tamil. There will be equivalent terms in other South Indian languages too.


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