Planning to marry my brother(first cousin)

@ Author,

1. 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.

2. BUT by converting to Christianity both of you can marry and marriage can be solemnized under S. 6 & 9 and your Marriage Certificate is issued under S. 9.

3. There will be huge objection within family but then indian Christian Law is with your side.

Annexed is most recent Judgment of similar case of "first cousins" whose marriage was allowed by Delhi High Court inspite of family's huge objections.

Another way out for you, other than the conversion, is to establish a custom, custom overrides the law, the law prohibits your marriage because of it being in sapindas, however if you can show that such marriages have happenedi n your community then in that case - it can be allowed as an exception. Some communities do allow marriages among first cousins.

i think u can marry

Our parents are against our marriage. But both of us are firm in our decision.I know that this marriage is void ab initio and thus illegal.But we are also sure that our parents wont file case agains us. I just wanted to know if anybody else (i.e
apart from me my would be husband and our parents)can file a case against our marriage. Plz help.we donot wish to convert our religion.nor their is any practice in our community of such marriages.I just wanted to know what options are available to community people against us.will court entertain their petition.I have read some where that only parties to marraige can file case for nullity of marriage.is this correct.now our community is not a party in our marriage.so can they file case against us and will court entertain them.If the amnswer is yes then we will have to think on religion conversion seriously.Plz help.

It appears that you have not understood the full meaning of "void-ab-initio", even though you used this word.  It means, there is no marriage in the eyes of law.  If you both marry, the law does not recognize it.  If that is so, the question does not arise about filing a case against your marriage either by parents of the boy and/or girl.  Similarly, no other person can file a case against your union ( I am not using the word marriage).  Your marriage cannot be registered either under Special Marriage Act or Hindu Marriage Act. 

It is for both of you to decide either to disown your respective parents and community or you two disown each other. If you love each other go ahead, why bother for any case being filed against the marriage?

ok I understood that legally we cannot be called as husband and wife. It would be just an union. we have no problem with its legality. i am ok with it.

But Sir my question is if no body can file case against our union i.e neither by parents of the boy and/or girl. nor by the community members then why penal provisions are inserted in law u/s 18 of HMA for contravention of section 5(iv) of HMA which is on prohibited relationships

See i mean, firstly the act says that people under prohibited relationship cannot marry. If they marry the marriage would be void ab initio.

Then further the act says that penalty shall be levied for contravention of act.Now if penalty is levied then to deliver it obviously  case has to be filed.so concluding that nobody can file case against us would not be right i think.

Sir we both are service class people.and my would be husband is in government sector.now if we are imprisoned for our union then we would be ruined of our livelihood.

I know our parents would not register a case against us. sooner or later they will agree. But i cannot say so for community people.Sir can we be jailed for our union.Is our case open to any xyz person.can PIL be filed against us.

Plz help.