Clarification on sapinda relationship

794 votes

No. It is the relationship under Degree of Prohibited. Hindu Marriage Act does not allow such type of marriage. The marriage became Void marriage. So, I think you may understand it and do the good thing, which is acceptable in the eye of law and eye of family as well as soceity.

Advocate Sanjoy Acharjee LawRato

937 votes

You must and should know that the second cousin you are talking about is your Sapinda, i.e. originated from one body and hence brother and sister. I would like you to know the laws governing this.

Hindu Marriage Act,1955 that deals marriage between two Hindus clearly says:

5. Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party,- (a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity or epilepsy;

(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the  custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

Now, conditions given under Section 5, specially (i), (iv) and (v) are absolute and makes a marriage in contravention of these Void, i.e. Zero. It means the marriage will not be considered to be taken place ever. Your case falls under (v) Sapindas

Further, you may know:-

Until and unless the custom or usage governing each of them permits of a marriage between the two

It means, in certain places and societies exceptional practices are there like South Indians guy can marry to daughter of his own sister. In north India, it will be considered the dirtiest thing to marry a Bhanji and will be void. You being in the territorial jurisdiction of India can not prove to have such customs and hence if you marry her, it will be incest, illegal and zero.

Advocate Aveek Bose LawRato

830 votes

Dear Client,

Generally, a Hindu man can not marry his second cousin. It comes under Sapinda relationship. It will be a void marriage. Though, you did not mention you belong to which part of India. As it is permitted in few areas in South India. If you provide me detailed fact, I can guide you better. Please feel free to contact for consultation.

LawRato LawRato