I want to know, is it legaly permisable marring first cousin (father's sister's son)in india, Can one register this marriage as per marrage act(hindu).
only serious ans only, please don't give unwanted advise.
2007-04-23 00:24:11 · 13 answers · asked by sampita001 1 in Family & Relationships ➔ Marriage & Divorce
No. In no case such a marriage is valid or legal nor can it be registered under the Hindu Marriage Act, 1955. Section 5(iv) of the Act clearly provides that the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two. Who is within the degree of prohibited relationship is provided in section3 (g) of the Act 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.
Since such a marriage is prohibited any marriage if take place it will be void as provided under section 11 of the Act which states Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (iv) Section 5. Now since such a marriage itself is illegal & void under the said Act, its registration cannot take place where itself the parties to such a marriage have to declare before the marriage officer/registrar that they are not related to each other within the degree of prohibition as provided under the Act. Only condition/exception that will allow such a marriage is custom & usage governing each of them otherwise no it is illegal & void. What is custom & usage? Section 3(a) of the Act provides the expression "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy; and
Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; So if your case fulfill this provision you can marry to any such person covered under the degree of prohibition otherwise no.
Hope the matrimonial law regarding marriage between the cousins is now clear with you. For more guidance write to me directly vijay_mahajan5758@yahoo.co.in.
2007-04-23 01:18:19 · answer #1 · answered by vijay m Indian Lawyer 7 · 2⤊ 0⤋
Marrying a cousin is legal if groom`s father and bride`s father or mother are not own brothers or own sisters .This tradition has gained ground just to keep ancestral property within the same family .A boy can marry even his niece ie his own sister`s daughter legally .This is still practiced among Hindus both Brahmins or Non Brahmins .If the prospective bride above 18 and groom above 21 are cousins and consent to marry , precious nothing can be done to prevent it ..
2016-04-01 03:18:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In many south Indian communities including south Maharashtra , it is not uncommon to marry your first
cousin.
In fact I have heard that when a newly wed bride is to enter
her husbands home for the first time, the sister of the husband some times extract a promise from the new bride, that she will give her son/ daughter to the children of her husbands sister in marriage.
2007-04-23 00:33:32 · answer #3 · answered by SHARAD S 2 · 0⤊ 0⤋
It is illegal only if your parents don't allow. If they agree nobody can create problem for you. I have seen many marriages like that.
In South India, marriages are preferred between cousins (especially cross-cousins, that is, the children of a brother and sister) and even between uncles and nieces (especially a man and his elder sister's daughter). ( http://www.country-studies.com/india/marriage.html )
Off the track, some people say that it's not good to marry your cousin because of genetic issues - http://www.indiaparenting.com/faqs/planningababy/marriage_cousins.shtml .
2007-04-23 07:05:58 · answer #4 · answered by pushker 3 · 1⤊ 1⤋
First cousin marriages are very common in India ,no legal restrictions at all.
2007-04-23 00:58:19 · answer #5 · answered by dee k 6 · 1⤊ 1⤋
Yoy can marry father's sister's children or mother's brother's children. It is legal and permitted. Cannot marry father's brother's children and mother's sister's children.
2007-04-26 00:21:13 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I think its legal but not accepted in the country..
Mah dads friends who were first cousins,got married.So i guess it is permissable...
2007-04-23 00:27:43 · answer #7 · answered by Shasya 3 · 0⤊ 0⤋
If the social custom permits, it is legally valid.
2007-04-25 00:36:49 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Its permissable in certain sections of the society but do you not think it to be INCEST - Marrying your own brother!!
I suppose you do know that your kids could be prone to genetic disorders too...
2007-04-23 11:08:58 · answer #9 · answered by Anonymous · 0⤊ 1⤋
I don't know about India, but it's legal in Kentucky! THE CLOSER THE KIN, THE TIGHTER THE SKIN!!!!
YOU WANNA MARRY YOUR COUSIN?? FOOKIN SICKO!
2007-04-23 01:12:24 · answer #10 · answered by discreetguy26201 1 · 1⤊ 1⤋