Marriage - we have separate blood relation Marriage - we have separate blood relation

8 months ago

I'm 4th generation from father side and my fiance was 5th generation from her mother side (we both are actually cousins in distance relative) but we have separate blood relation becz our fathers are from separate genetics we are engaged is there is any legal problem in this do we have to register this marriage

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
As per Sce.5(v) of the Hindu Marriage Act, 1955 a condition for valid marriage amongst others outlined as both the partners must not be Sapindas of each other. Sapinda relationships are prohibited under Hindu marriage law. A sapinda is someone who is: within or has a common ancestor relative within three generations above you on your mother's side of the family. within or has a common ancestor relative within five generations above you on your father's side of the family. If the parties are spindles of each other then it will attract Section 11 of the Hindu Marriage Act, 1955 which makes the marriage void for the contravention of condition. In case your relationship comes under the prohibited category, you need to consult with the Marriage Officer under the Hindu Marriage Act, 1955 before registration of marriage. A Certificate of Registration of Marriage is a legal and authentic document required for different purposes.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear Client,
In India, marriage between cousins is not prohibited by law. The Hindu Marriage Act, 1955, which governs marriage laws among Hindus, does not explicitly restrict marriage between cousins.

However, it is crucial to note that certain states in India may have specific laws or customs regarding marriage between relatives. Therefore, it would be wise to consult with a local lawyer or seek advice from the Registrar of Marriages in your specific jurisdiction to understand any potential legal or regulatory requirements.

Regarding the registration of your marriage, it is generally advisable to register the marriage under the appropriate Act to ensure legal recognition and protection. The registration process and requirements may vary depending on your religion and the state where you intend to register the marriage. For example, the Hindu Marriage Act requires mandatory registration in certain states.
Thank you.
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