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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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Adv. Aveek Bose
Kolkata | 500+ Answers
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What is challenging the Special Marriage Act?
Displaying the notice and objections: These must be displayed in a prominent place at the office of the marriage officer so that anyone may raise an objection against the marriage. ...
The Act also specifies how to proceed with an inquiry after an objection is submitted.
What is the disadvantage of Special Marriage Act?
It is often used to harass couples who are willing to marry and delay or stop their marriage. The Allahabad HC ruled in January 2021 that couples who want to get married under the Special Marriage Act do not have to give the 30-day notice required by law. 18-Feb-2023
What are the disadvantages of registering marriage?
Cost: Registration for marriage can involve additional costs such as registration fees and legal fees. This can be a burden to some couples. Legal complications: If there are any legal complications such as filing for divorce or other legal issues, a marriage registered may require additional formalities and legal procedures.
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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Adv. Pradipta Nath
Durgapur | 200+ Answers
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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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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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