Legal Question in Family Law in India

My friend is married and his spouse is alive. But he loves his first cousin (Mother’s Sister’s Daughter) and wants to marry her. I don’t want to see him in trouble in future. I have told him several times that it is not possible and he could get punished for 5-7 years for bigamy but he says following

“Marriage with first cousin in india is void from the date of marriage because of “prohibited degrees in marriage”. So if he does marriage with his cousin then it means their marriage is automatically void (like never existed). Because second marriage doesn’t exist from the date of marriage so he can not be punished for 5-7 years for a marriage that never existed. His first cousin already knows that he is married so he is not doing any fraud and can’t get punishment for fraud. He can only be punished under “prohibited degrees in marriage” which is 1 month OR 1000 Rs. fine. “

Is this true? Will indian law not punish him for 5-7 years because his second marriage will be automatically void (doesn’t exist)? Can he be punished only for 1 month or Rs. 1000 fine under “prohibited degrees in marriage”?

Please reply.

Any help is truly appreciated.

Thanks in advance.

1 Answer from Attorneys

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