Is it legal to marry my uncle as per law

556 votes

As the query asked by you I would like to state here that there is no such kind of Law or custom in the Hindu marriage Act.....and this kind of marriage would be void ab initio.....and the supreme court has clearly laid down that changing religion just because of marriage purpose would be void.

Advocate Vishal Vikram Rana LawRato

891 votes

As per Hindu Law this relationship comes under prohibited relation for the purposes of marriage and Hindu Law does not grant permission. But you are free to marry under special Marriage Act, provided you both are adults for marriage. You can approach your district Registrar of the marriage. You need not require to change your religion

Advocate Prem Singh LawRato

699 votes

according to hindu marriage act, no one can marry in their prohibited relationship, and your uncle (mama) is comes under the purview of prohibited relationship. There is a loophole if any custom is there in which uncle can marry their sister's daughter it can be done.

Advocate Prabhat Kumar LawRato

568 votes

As per hindu law, you can not get married to the girl. However, you both can get married under special marriage act. Contact a good lawyer apprise him about the fact and act accordingly as per his advice.

Advocate Kumar Abhimanyu Pratap LawRato

975 votes

The Hindu Marriage Act, Section 3(f) says about "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 be "sapinda" 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; In your case, your family tree can be depicted as follows:- आपके परनाना (Common Ancestor) (Fourth Generation with reference to you) (Third Generation with reference to your cousin MAMA) आपके अपने नाना (Third Generation with reference to you) ----------आपके चचेरे नाना (Second Generation with reference to your cousin MAMA) आपकी माँ (Second Generation with reference to you)------------आपके चचेरे मामा (First Generation with reference to your cousin MAMA) आप (First Generation with reference to you) As per the provisions of Section 3(f) of the Hindu Marriage Act, it is apparent that the common lineal ascendant (पर नाना) with reference to you is the fourth generation while the common lineal ascendant (पर नाना) with reference to your cousin maternal uncle is the third generation. But, both of you are within the third generation(inclusive) in the line of ascent through the mother. Hence, you both are within the "Sapinda relationship". However, inasmuch as neither your cousin MAMA is lineal ascendant of you within the limits of sapinda relationship, nor both of you have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them, ergo you both cannot be said to be "Sapinda" of each other. For marriage, the Section 5(v) of the Hindu Marriage Act says that the marriage is possible if the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two. Hence, in your case the marriage will be legal. However, it is a complicated matter. You need to do it through proper process of the Court to avoid legal and social jolts.

Advocate Reshma Prasad LawRato