Seeking clarification on SAPINDA marriage rule
2 months ago
I request you to kindly clarify my doubt about SAPINDA marriage rule.
Actually My (Groom) Father's cousin sister has been married to someone outsider of my family. And their father is a brother of bride's great grand father...
Can I marry that bride or is there any legal issues which may occur.
A.Dear Client,
Yes, you can marry the bride as you are not related to the bride by blood. You are only related to her through your Aunt's husband.
Yes, you can marry the bride as you are not related to the bride by blood. You are only related to her through your Aunt's husband.
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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 SAPINDA of each other from either side. So, the Father's cousin's sister and father is brother of the bride's great-grandfather come 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 SAPINDA of each other from either side. So, the Father's cousin's sister and father is brother of the bride's great-grandfather come 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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