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Marriage under special marriage act, 1954 or Hindu Marriage Act 1955


09-Apr-2025 (In Family Law)
Me and my partner are in a relationship from past two years. we want to get Married. When we asked our parents about this and they're saying that you people are related and shouldn't marry each other. Actually, she is grand daughter of my father's cousin sister (my father don't have any sisters. Her grandmom is fuferi/mameri sister of my father). Can we get married under special marriage act? Do we come under "degrees of prohibited relationship"? Any help would be appreciated.
Answers (2)

Answer #1
543 votes
Hindu marriage act 1955 is clearly saying that which marriage is void, but in your case a girl with you have relationship, she is not in your relation, if you share more details with me then I can suggest you more...
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Answer #2
759 votes
As Advocate Shivam Kumar, I appreciate your detailed query and understand the confusion surrounding such family relationships and marriage legality. Under the Special Marriage Act, 1954, Section 4(d) states that a marriage is not valid if it falls within the “degrees of prohibited relationship,” unless the customs or personal laws of either party permit such a marriage. From your explanation, it appears that your partner is the granddaughter of your father's cousin sister, and her grandmother is your father's fufri/mameri (paternal or maternal cousin). Legally, this relation is quite distant. In many personal laws, especially under the Hindu Marriage Act, such relationships might still be considered within the prohibited degree if traced through paternal lineage. However, the Special Marriage Act allows you to marry outside the scope of personal laws, provided there is no bar based on direct lineage or close blood relation, and there’s no shared sapinda relation within three generations from the father’s side or five from the mother’s. In your case, since the relationship is quite remote and you are not direct sapindas, it is likely that you do not fall within the prohibited degrees. However, a proper legal consultation is essential to verify your family tree thoroughly and avoid future objections. I suggest you let me take up your case. I will guide you step-by-step through the legal formalities, ensure your marriage is compliant under the Special Marriage Act, and handle objections if raised. Let’s make this journey legally sound and stress-free for you.
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