Legal procedure for second cousin marriage under special marriage act
03-Jul-2023 (In Family Law)
Am from west Bengal n my bf is from uttrakhand we both wants to marry each other but the pbm z he z my second cousin (my mother side grandparent brother daughter 's daughter) n i know under special marriage act it is possible so plz tell me what legal steps i can take to make that marriage as a legal marriage
As per Hindu Marriage Act , All kinds of first cousin marriage is illegal in India. Same gotra marriage is legal too while it is not in some communities. Marriage between cross cousin is legal i.e. you marrying your second cousin or third cousin from your mother's side. Special marriage act may apply
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You need to apply for marriage before the marriage registrar where either of you are residing with 30 days prior notice. You need to be 18 years of age and your BF need to attain 21 years of age and neither of you should be married at the time of applying for the registration.
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So far I gathered from your question your stated relationship is not fall within the prohibited degree of relationship as per Hindu Law. you can also marry as per Special Marriage Act,1954 If both of you are major and the boy has attained the age of 21yrs.
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