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Regarding incestuous relationship
20-Sep-2023 (In Family Law)
I have a friend who is in a relationship with his first cousin and they are living together but not married and my friend has some property related issues happening with her paternal uncle and his family in which they will be going to file a case on them so the question is that if my friend files a case against her paternal uncle's family, can they file a case on her and his cousin brother for the incestuous relationship and if yes, is there any punishment in law for this kind of relationship? Also, the second case is what if my friend and his cousin gets married, can then the paternal relatives file a case and will there be any punishment? If yes, what will be the punishment in both the cases? Thank you.
Legally speaking the marriage will be void under the Hindu marriage act. But there’s an exception to that,i.e., if the customs of the community permits such marriage then it can be legal. As far as the property dispute is concerned you should first initiate proceedings. All the complaints or cases filed after you have filed one will be treated as a counter blast.
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Adv. Jitender Singh
Delhi | 500+ Answers
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If both the parties are Hindu then as per the Hindu marriage act, marriage with a cousin would be null and void, which means illegal and no legal validity of it. However contrary can be possible, in accordance with the custom and religion. Also filing of property case would have no legal impact upon the marriage issue as both are different nature of cases. For any further legal assistance please feel free to contact
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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