Marriage HINDU LAW FAMILY BLACKMAIL
3 months ago
Is it legally permissible within the Pandey community for me to marry my father's own brother's wife's own brother? Additionally, are there any laws that can protect us from family pressures and blackmailing, as they believe this union is not legal?
A.Dear Client,
Marriage between individuals with a prohibited degree of relationship is deemed illegal and void according to both the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. Even in cases where marriage is solemnized under the Special Marriage Act among individuals sharing the same faith and belonging to the same group or family, it cannot take place if the parties fall within the degrees of a prohibited relationship. The Special Marriage Act categorizes all first cousins, whether paternal or maternal, parallel or cross, as part of prohibited marital relationships. According to Section 3(g) of the Hindu Marriage Act, 1955, individuals are considered within the degrees of prohibited relationships if one is a lineal ascendant of the other. In essence, a person cannot marry a second cousin from the mother's side or a fourth cousin from the father's side. Additionally, it is crucial that the parties are not sapindas of each other from either side. Therefore, a marriage between the father's own brother's wife's own brother is considered a prohibited relationship, rendering it illegal under Section 3(g) of the Hindu Marriage Act, 1955.
Thankyou
Marriage between individuals with a prohibited degree of relationship is deemed illegal and void according to both the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. Even in cases where marriage is solemnized under the Special Marriage Act among individuals sharing the same faith and belonging to the same group or family, it cannot take place if the parties fall within the degrees of a prohibited relationship. The Special Marriage Act categorizes all first cousins, whether paternal or maternal, parallel or cross, as part of prohibited marital relationships. According to Section 3(g) of the Hindu Marriage Act, 1955, individuals are considered within the degrees of prohibited relationships if one is a lineal ascendant of the other. In essence, a person cannot marry a second cousin from the mother's side or a fourth cousin from the father's side. Additionally, it is crucial that the parties are not sapindas of each other from either side. Therefore, a marriage between the father's own brother's wife's own brother is considered a prohibited relationship, rendering it illegal under Section 3(g) of the Hindu Marriage Act, 1955.
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A.Dear Client,
Marriage between a couple having a prohibited degree of relationship is illegal and void both under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. There may, however, be some cases where marriage is solemnized under the Special Marriage Act between persons professing the same faith and belonging to the same group or family. Even, in such cases, marriage, cannot take place between the parties who are within the degrees of a prohibited relationship. All first cousins - paternal and maternal, parallel and cross - are placed by the Special Marriage Act in the category of prohibited marital relationships. Section 3(g) of the Hindu Marriage Act,1955 states persons under prohibited relationship. Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other. For example, a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson. If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mother's brother and the first cousins are solemnized, those marriages, in the absence of a custom in the community are not valid marriages. In short, a person can not marry up to his second cousin from the mother's side and up to his fourth cousin from the side of the father. It is also necessary the parties should not be sapindas of each other from either side. So, the father's own brother's wife's own brother comes under the category of a prohibited relationship and the marriage is illegal in terms of Section 3(g) of the Hindu Marriage Act,1955.
Marriage between a couple having a prohibited degree of relationship is illegal and void both under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. There may, however, be some cases where marriage is solemnized under the Special Marriage Act between persons professing the same faith and belonging to the same group or family. Even, in such cases, marriage, cannot take place between the parties who are within the degrees of a prohibited relationship. All first cousins - paternal and maternal, parallel and cross - are placed by the Special Marriage Act in the category of prohibited marital relationships. Section 3(g) of the Hindu Marriage Act,1955 states persons under prohibited relationship. Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other. For example, a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson. If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mother's brother and the first cousins are solemnized, those marriages, in the absence of a custom in the community are not valid marriages. In short, a person can not marry up to his second cousin from the mother's side and up to his fourth cousin from the side of the father. It is also necessary the parties should not be sapindas of each other from either side. So, the father's own brother's wife's own brother comes under the category of a prohibited relationship and the marriage is illegal in terms of Section 3(g) of the Hindu Marriage Act,1955.
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