Is it legal to get married to one's cousin?

Question

"A" is the daughter of a man (Say M). "M" has a real sister (say S) who was a divorcee but later got married to a man (Say W) who was a widower. "W" had 2 sons from his 1st marriage (Say X & Y). Would a marriage between A & X be legal?

Please give answers keeping in mind that this was a SIKH wedding. I guess its the HINDU MARRIAGE ACT which is followed by SIKHS.

Answer 1

Yes definitely Sikhs are covered under the Hindu Marriage Act, 1955. This situation is very ticklish & we have to understand by studying in depth the relationship between "A" & "X" the two parties to such a marriage. We have to see if they are covered under any of these i.e. Prohibited Relationship & Sapinda Relationship as provide in the said Act. Any marriage between the two parties who are covered under any of these two relationships is illegal & prohibited according to this Act. Lets first see what these two relationship means :- Sapinda Relationship : (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 "sapindas" 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;

Prohibited relationship : "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 of 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 these two 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. "full blood" and "half blood"-two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;
"uterine blood"- two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands;

Explanation.-In clauses (c) and (d), "ancestor" includes the father and "ancestress" the mother; In the present case these two “A” & “X” are children of brother & sister although “X” is not the real son of the sister “S” but her step son. Does “X” covered under any of the Explanation mentioned above or not has to be seen. Here “X” is not in any way having any blood or genetical relationship with the sister “S” & to say he is half blood in relationship with “A” will be wrong he can be half blood relationship with any child born by the sister “S” & her this husband who is his real blood relation father. But here even the relationship by adoption is included, as such there is no adoption that took place in legal sense but the very fact his father married this sister “S” it will be assumed that “X” has been adopted by the sister “S” for all legal purposes as her son. Considering this legal aspect any such marriage between “A” & “X” will be a doubtful case/marriage that can always be challenged on the grounds of being between two parties which were covered under the degree of prohibition & such marriage should be annulled by the decree of nullity. The only consideration that can take place in such a marriage is that if the "Custom & Usage" govering each of the parties permits such a marriage, in that case such custom or usage should be for long time & has obtained the force of law amongst the Hindus in any local area,tribe,community,group or family. Any such custom or usage which is against the public policy or illegal in law will not be allowed.

Answer 2

I am not aware of SIKHS laws but i know in america you can marry your second or third cousin....but i think X & A are not blood related that is the only concern when saying you can not marry your brother, sister, or first cousin because the risk for genetic defects are greatly increased....hopefully this was helpful.

Answer 3

Depends on the state. Here in NC, it's legal to marry a cousin. But, in the example you gave, A & X aren't blood cousins, so I don't think there would be a problem even in states that prohibit marriages between cousins.

Answer 4

If train "1" left station "A" at 10:30AM and train "2" left station "B" at 10:45AM.........

I hate logic problems.

Plus..marriage of 1st cousins is only legal in:
Alabama
Arkansas
Louisana
Georgia
Florida
W. Virgina
Mississippi
Any province in India

Answer 5

yes, it is legal. only prob comes when the girl and boy r brothers' children. but in ur case it is brothers daughter and sisters step son. so it is lawful to marry.

Answer 6

well, i dont know anything bout hindu's marriage act....but one thing's for sure, they're not related by blood whatsoever...so, what's wrong with that? that's what i think...... they're not really cousin logically....then again, like i said i dont know anything bout hindu's act....

Answer 7

You lost me with all the A, S and M's, anyway if you are cousins its not right.

Answer 8

I think you can only marry second cousins but thats gross anyway

Answer 9

i guess so because they are not blooded related and it is in india. no one will object to this marriage.

Answer 10

Since there isn't blood kin it would be perfectly find I believe.