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Can I marry my mother's cousin sister's son it this allowed under laws


26-Jan-2023 (In Family Law)

We both belongs to same caste (Maratha), her mother and my mother are cousin sister's. Can we get marry under Hindu marriage act or Special Marriage act?

Answers (1)

Answer #1
800 votes
Your query pertains to sapinda relationship.
As per Section 5 of the Hindu Marriage Act of 1955, 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) neither party is an idiot or a lunatic at the time of the marriage;
(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.

The act defines sapinda relationship as - "Sapinda relationship" with reference to any person extends as far as the third generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.

In your case, you are are not within the degrees of prohibited relationship. Thus, if you fulfill other conditions of section 5, there is no legal impediment in your marriage under Hindu Marriage Act.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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