Legal Question in Family Law in India
Dear Sir ,
Good afternoon
i want to ask you one query
actualy i want to marry my first cousin (Fathers Sister's Daughter) but in my knowledge this is not a valid marraige by law. so i want to ask you that if there is any way to do this marriage legal. we r from north india (UP). and i live in mumbai. our parents are not agree. so i am asking you that if there is some possiblilty then give me your opinion sir. and i want to ask you that if we get married any how like ( bhaag kar ) then what will we get punishment or living life together and what will our parents take action against us by law. and recentaly one news has came in Mumbai News paper regarding the case of First cousin marriage the lawyer is demanding live in relation for both of parties because they are adults. So can any body tell me the what will be the decesion by Mumbai High court. (Mr Walia Case).
please sir help me
thanking you
4 Answers from Attorneys
live in relationship also gives presumption to marriage and as you know, marriage between cousins would be void ab initio. so better forget the relation and move ahead.
No there is no Legal way by which you can prosceed.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
the only legal bar is a valid marriage; even if you marry in a temple and continue living as husband and wife, it may not be any criminal offence. at best, the marriage will not be legal; however, no one can legally stop you from leading married life; you only need to take care of the social problem that you may face.
This marriage will never be declared legal. Moreover, you must otherwise consult a doctor on the health grounds so far as conception is concerned. The relationship is barred not only on social grounds but has medical reasons also if you look into Hindu Meemansa - Manusmiriti etc. Ofcourse, love has no barriers. But, one is a social animal. this fact cannot be brushed aside. though city of mumbai by way of judgment of Mumbai High Court has approved Live-in relationship.