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quesWant to marry my cousin according to hindu marriage law

My father's father & her mother's father were brothers. Can I marry her accroding to hindu law? Both of us arr hindu.

  • ansAs per the marriage and other prevalent laws in India, the marriage is impossible, I quote the meaning of sapinda as defined in the Hindu Marriage Act.

    (f)(i)"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;

    (g)"degrees of prohibited relationship " - two persons are said to be within the "degrees of prohibited relationship"-

    (I) if one is a lineal ascendant of the other; or

    (ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or

    (iii)if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother or the other; or

    (iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.

    Explanation.- for the purposes of clauses (f) and (g) relationship includes-

    (I) relationship by half or uterine blood as well as by full blood;

    (ii) illegitimate blood relationship as well as legitimate;

    (iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly.

    However if it is permitted under customary law which does happen in south India in few places, it is possible.

    I hope this clarifies your query

    Advocate Revathi Vivek

      Kuntikana, Mangalore

  • ansOn a bare perusal of the Hindu Marriage Act of 1955, does not allow a sapinda marriage. Sapinda marriages refer to marriages between cousins in Hinduism. Sapinda relationship extends to within five generations in the line or ascent on the father's side and within three generations in the line of ascent on the mothers side. However, sapinda marriages, are legally permitted where it is a custom within the community.

    Advocate Anubhab Sarkar

      Hormavu, Bangalore

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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