Legal Question in Family Law in India

Marrying my first cousin

I am a 30-year-old Bengali Hindu Kayastha man, and by profession, a Software Engineer. For the past 7 years, I am having an affair with my first cousin sister, and now intend to marry her soon.

She is the only daughter of my father's elder sister. She is now 39 years old, and working in a private organization as an office assistant. To be precise, I am 8 years & 8 months younger to her.

Our custom doesn't allow marriages between cousins.

In view of the above, please let me know :

1. whether I can marry her under Special Marriage Act, 1954,

2. if YES, whether there will be any other legal complication related to our marriage.

3. if NO, which process can be followed for our marriage to be legal & valid.


Asked on 3/25/08, 7:06 am

7 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Marrying my first cousin

In the eye of law and as per the Hindu Customs this is totally a invalid marriage and even if you marry it will be treated as a void marriage.

Read more
Answered on 3/27/08, 3:32 am
Nandita Haldipur Haldipur Associates

Re: Marrying my first cousin

you can registrer underspecial maraig act

ther is no legal complication as long as both of your are adults

you have to fill teh form with necessary document and presnt for regsitraton by giving notice

Read more
Answered on 3/26/08, 3:33 am
Nandita Haldipur Haldipur Associates

Re: Marrying my first cousin

earlier reply from me is not concerning your case.

in your case it will not be legal as it is prohibited by your customs

Read more
Answered on 3/26/08, 3:37 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Marrying my first cousin

You can marry her but under Hindu Law it will be an invalid and illegal marriage.

Read more
Answered on 3/27/08, 8:12 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Marrying my first cousin

The marriage shall not be legal; however, the off-springs from the marriage, even though illegitimate, will inherit you legally.

Read more
Answered on 3/25/08, 10:02 am

Re: Marrying my first cousin

No,you can not marry her under any law.Your relation falls under spinda relationship and marriage with spinda is prohibited in law.

Read more
Answered on 3/26/08, 2:10 pm

Re: Marrying my first cousin

It is a illegal marriage in Hindu customs. Even if you marry her it is void marriage in eyes of law.

Read more
Answered on 3/25/08, 11:29 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India