Can I marry my first cousins daughter under HMA


Would like to know the legal side of marrying First cousin's daughter as per Hindu marriage act. My friend and his first cousin's daughter have decided to marry against the will of their families, he is aged 29 and she is 19. She is his mother's elder sister's grand daughter (Daughter's daughter). Is this relation a prohibited one as per the marriage act.? what will happen if the families object the marriage in front of a marriage registrar during the notice period.?

Answers (5)


197 votes

The following are the Degrees Of Prohibited Relationship as per the Hindu Marriage Act, 1955
Mother.
Father's widow (step mother).
Mother's mother.
Mother's father's widow (step grand-mother).
Mother's mother's mother.
Mother's mother's father's widow (step great grand-mother).
Mothers's father's mother.
Mother's father's father's widow (step great grand-mother).
Father's mother.
Father's father's widow (step grand-mother).
Father's mother's mother.
Father's mother's father's widow (step great grand-mother).
Father's father's mother.
Father's father's father's widow (step great grand-mother).
Daughter.
Son's widow.
Daughter's daughter.
Daughter's son's widow.
Son's daughter.
Son's son's widow.
Daughter's daughter's daughter.
Daughter's daughter's son's widow.
Daughter's son's daughter.
Daughter's son's son's widow.
Son's daughter's daughter.
Son's daughter's son's widow.
Son's son's daughter.
Son's son's son's widow.
Sister.
Sister's daughter.
Brother's daughter.
Mother's sister.
Father's sister.
Father's brother's daughter.
Father's sister's daughter.
Mother's sister's daughter.
Mother's brother's daughter.
Since your friend's mother's sister's daughter's daughter does not come within the purview of the the above degrees of Prohibited relationship as per Hindu Marriage Act, I do not find any bar in the proposed marriage of your friend.


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143 votes

No, He cannot marry her because a person can not marry up to his second cousin from the mother's side as it comes within the degrees of prohibited relationship under Hindu Marriage Act and therefore the marriage between the parties shall be null and void.

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171 votes

Hai
Its within the prohibited limit. Dont let this happen. It wont last long for sure. Eventhough its said to be love has no boundaries, i have managed to kNow tat the age difference will be a great issue later. The registrar wont permit tHis marriage. There relation wont be tat healthy. Ofcource if some one like to sacrifice , it can be. But its better not to spoil both lives. Talk about it n settle things. Get a family counsellor

Hope am upto ur query

296 votes

If both are Hindus, marriage can only be solemnized by "Hindu Marriage Act", and all the provisions of Hindu Marriage Act would only apply to such marriages. A marriage may be declared void if it contravenes if the parties are sapindas or within the degree of prohibited relationship.
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955.
i. relationship by half or uterine blood as well as by full blood;
ii. Illegitimate blood relationship as well as legitimate;
iii. Relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly.

All first cousins – paternal and maternal, parallel and cross – are placed by the Special Marriage Act in the category of prohibited marital relationship.

A Cousin Sister is comes under utirine blood. Such relations comes under degree of prohibited relations, ie. Marriages cannot be solemnized within such relations. Even if you still prefer to marriage, then such marriages will never be socially accepted, and the society will never accept your relations and they shall be treated as illicit.

The proposed Marriage can be solemnised under the Special Marriage Act, wherein you would be governed by the said Act and not under the Hindu marriage Act. One of the conditions relating to solemnization of special marriage is that the parties are not within the degrees of prohibited relationship:

159 votes

Both of them are with in the prohibited degree of relationship as defined under section five of the Hindu marriage act Hence should not marry .There is no question of notice period for marriage uuHMA. Notice time only if the marriage is under Special Marriage Act. Hindu marriage need registration only after custumory marriage. If you are belonging to Tamil community there's no prohibition as the custum there permits this marriage. Even prohibitory degree marriage could be done if the custum in the community permits could marry

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