Can i marry my second cousin?

915 votes

A marriage may be declared void if it contravenes the parties are sapindas or within the degree of prohibited relationship.
i. 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;

ii. Two persons are said to "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;8
"degrees of prohibited relationship" - two persons are said to be within the "degrees of prohibited relationship" -

i. if one is a lineal ascendant of the other; or ii.if one was the wife or husband of a lineal ascendant or descendant of the other; or iii. if one was the wife of the brother or the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or iv. if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;

Explanation - For the purposes of clauses 3(f) and 3(g), relationship includes -

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.
Degrees of Prohibited relationship as per the Special Marriage Act, 1954
Section 2 (b): Degrees of prohibited relationship - a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.

Explanation (I) - Relationship includes, --
a. relationship by half or uterine blood as well as by full blood;
b. illegitimate blood relationship as well as legitimate;
c. relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.

Explanation (II) - "Full blood" and "half blood" - two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) - "Uterine blood" - two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation (IV) - In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;



The First Schedule Degree Of Prohibited Relationship

PART - I
• 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.

Advocate Ajay NS LawRato

669 votes

Dear Client,
I am understanding your question like this, you like to marry your Maternal Grand Mothers, Sister's , Daughter's SON.
The Hindu law prohibits marriage with in Sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother.
As per the law you are looking for a marriage with 3rd degree/ generation of relation. But the law is liberal, as per the custom, if allows,marital relationship with second cousin , you can marry.
But if you are very particular with the marriage with your second cousin, you can proceed.
Before that take the advise of elders in your family and be careful about you health after getting married and whenever
you get pregnant, do not forget to tell your Dr. that your husband is your Second Cousin. I am telling you this much
to avoid genetic problems in the birth of offsprings.
So all the best.

Advocate Sachindas P LawRato

668 votes

Madam ,
Yes u can marry him. No illegality in that marriage. You can either prefer marriage by religious custom, or by special marriage Act or u can chose a registration under kerala common marriage rules.

Advocate Sreenivas V Pai LawRato