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Saurabh   06 January 2024

Parallel cousin marriage

Me and my parallel cousin mother's sister's daughter are in love and in a relationship since 5 years now that we are both settled with good jobs we want to get married, We know Our relationship cones under prohibited relationship as per the hindu marriage act as we are Hindu.

1) So is possible for us to get married if our parents agreed for it?

2)And is it punishable by law if we get married?

3)can we live together without marriage as live-in partners? 

 4)to get married we should convert into Christianity and get married?

And i know a similar case where parallel cousins got married in my cousin's city and they even have a healthy child. If they can get married i also want to be with the love of my life. Please guide.



Learning

 3 Replies

Dr. J C Vashista (Advocate )     07 January 2024

Originally posted by : Saurabh

Q1) So is possible for us to get married if our parents agreed for it?

A. It will be a void marriage in law.

Q 2)And is it punishable by law if we get married?

A. When someone invokes law for illegal and void marraige punishment is 7 years imprisionment and fine.

Q 3)can we live together without marriage as live-in partners? 

A, It is your decision for live-in, which is neither legal nor illegal.

Q 4)to get married we should convert into Christianity and get married?

A. Conversion for marrige is illegal.

This is matter of research for the citation(s) / precedent(s) 

 

T. Kalaiselvan, Advocate (Advocate)     07 January 2024

The marriage is null and void.

No it is not punishable.

It is your decision.

Even Christian marriage act has restrictions 

anjali tamrkar   07 January 2024

1)So is possible for us to get married if our parents agreed for it?
yes ,there is no problem with this if you and your partner love each other and want to get married .love is something which is beyond the boundary and if your parents would agree you can marry.But cannot get your marriage registered under the Hindu marriage act because the Hindu marriage act prohibit such marriages and under the section 18 it is punishable with imprisonment upto one month and fine upto one thousand.
2) And is it punishable by law if we get married?
Yes,it is punishable because Hindu marriage act does not allow such marriages . As per Section 5 of the Hindu Marriage Act, 1955 which is the governing law for marriages among Hindus, marriage with your first cousin is within the degrees of prohibited relationship and hence void in the eyes of law. A void marriage doesn't gain legal enforceability and the parties to the same are not vested with matrimonial rights and obligations towards one another. Thus, as per the law in force in India, Hindu cousins cannot get married to each other. Additionally, such marriage is punishable under Section 18 of the Hindu Marriage Act, 1955 with imprisonment of up to one month and fine of up to one thousand rupees. 
3)can we live together without marriage as live-in partners? 
yes, As per the  landmark judgement of the SC court named Khushboo vs Kanniammal." In this case, the court held that live-in relationships were not illegal or immoral, and that two consenting adults had the right to live together without getting married.
4)  to get married we should convert into Christianity and get married?
Yes you can convert yourself in Christianity and than get married because besides muslims, some Jewish and Arab Christians in the Middle East have a history of cousin marriage.
 
 


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