Legal Question in Family Law in India

Re: Marriage between first cousins

Sir, your matter is quite criticial and understandable. Answer to your queries lies as under :

1) Since you both are hindus, marrages can only be solemnized by "Hindu Marriage Act", and all the provisons of Hindu Marriage Act would only applies to such marriages.

2) Your mothers sister daughter - thus relation wise becomes your Cousine Sister by utirine blood. Such relations comes under degree of prohibited relations, ie. marriages cannot be solemnized within such relations. So these sort of marriage cannot be legal and are void ab initio, subject to any tradition prevailing in your society but since you dont have any such tradition, the embargo is affixed.

3) Even if you still prefer to marriage, then such marriages will never be socially accepted, and the society will never accept your relations and they shall be treated as illicit. Whether your respective parents may consider it or not.

4) Since genetic problems are concerned, you have to consult a doctor for that, again for pre check up of child in mothers womb - SONOGRAPHY is prohibited by law.

Re: Marriage between first cousins

This marriage will be illegal under the Hindu Marriage Act 1955 as it will violate the sanction against marriage between persons who are related to each other within �Prohibited Degrees of Relationship� as laid down in Clause (iv) of subsection (g) of Section 3 of the Act. Further, under the Special Marriage Act 1954 upon a reading of Part I of THE FIRST SCHEDULE along with subsection (b) Section 2 of the Act you and your cousin fall within �Degrees of Prohibited Relationship� as per item 36 of that list which reads �Mother�s sister�s daughter�. Therefore your marriage cannot be solemnized under either the Hindu Marriage Act 1955 or the Special Marriage Act 1954. Further you have also indicated to us that there is no custom in your family regarding such marriages and therefore the saving clause which allows that such local custom can prevail over the codified law will also not be applicable.

The other two issues viz. of social acceptance and genetic problems in the offspring is one that is beyond the scope of our competence and therefore we are not in a position to comment on the same.

Re: Marriage between first cousins

The prposed Marriage can be solemnised under the Special Marriage Act, wherein you would be governed by the said Act and not under the Hindu marriage Act. In respect of your enquiry of your progeny, there are quite a number of instances where the child born out of such relationship is handicapped, that part of the question may be posed to a medical expert rather than a legal man.

Re: Marriage between first cousins

These Marriages are perfectly legal under the Hindu Marriage act too. We can help you in performing Court marriage. Thereafter you can disclose it to your parents and they should agree.

Re: Marriage between first cousins

1) Yes, the marriage can be performed under the Special Marriages Act.

2)Social acceptance is a matter of the particular society and circumstances you are in. It may not be acceptable at the first instance; but since you intend to do the act, you should have enough courage to accept the consequences of social boycott for the time being. Your families may not, at first, be happy about it, but may have to accept the fait accompli.

3) Genetic problems are rare and circumstantial - a medical examination and/or consultation with a doctor should remedy any genetic deficiency that may arise.

Re: Marriage between first cousins

First of all I'm surprised to read the responces of my respected colleagues, who said this marriage is valid under hindu marriage Act. Where as I'm sure this marriage is Null and Void under the said Act. However special marriage can be performed and for that too the conditions of special marriage have to be fulfilled. Now about question of children, The chances are low. But it would be better to ask from an expert in this matter.

Re: Marriage between first cousins

Marriage is perfectly legal. There is a classic case of one of the very prominent attorney of India - whose daughter married to her mother's younger sister's son - and all were Hindus. As far as second part of question is concerned - it can best be answered by a Medical person.