• Marriage legal or not between same paternal line

I want to marry a girl, but problem is that we are from same paternal line. We are the 6th generation from our ancestor. like (Boy): GGGGF- GGGF1 -> GGF -> GF - > F - > Me & (Girl): GGGGF- GGGF2 -> GGF -> GF - > F - > She. So here GGGGF(Great Great Great GrandFather) was the common ancestor. So is there is issue for our marriage as per Indian law? One more thing we are utkal bramhin cast. Please explain each and every point behind this so that if the law allow us we can marry.
Asked 2 years ago in Family Law from Jamshedpur, Jharkhand
Religion: Hindu
This marriage falls within prohibited degree as prescribed by section 5 of the Hindu Marriage Act and hence the same would be considered as void marriage.
Do not go for it unless there is a customs which is in vogue for ages in your caste which prescribes such marriage as a valid pr permissible marriage.
Devajyoti Barman
Advocate, Kolkata
7705 Answers
93 Consultations

4.9 on 5.0

Hello,
1)Sapinda Marriage refers to the cousin Marriages in Hinduism.

The Hindu Marriage Act of 1955 does not allow Sapinda marriage. But it permits the Sapinda marriages where such marriage is customary.
2)Sapinda relationship extends to :
?within five (5) generations in the line of ascent on the fathers side, and
?within three (3) generations in the line of ascent on the mother’s side.
3) Hence you won't be able to marry your cousin unless a prevalent custom permits it.
S J Mathew
Advocate, Mumbai
2016 Answers
84 Consultations

5.0 on 5.0

1) A 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.
2) In plain words, a person can not marry up to his second cousin from the mother's side and up to his fourth cousin from the side of the father. It is also necessary the parties should not be sapindas of each other from either side.

3) you do not fall within prohibited degree of relation ship and are not sapindas of each other in my opinion you are free to marry your sixth cousin
Ajay Sethi
Advocate, Mumbai
29792 Answers
1619 Consultations

5.0 on 5.0

1. Your common ancestor is your Great Great Great Grand Father. You father is the fifth generation, whereas you are the sixth generation. The legal disqualification is not incurred by any generation subsequent to your father. As a corollary thereto, you do not fall within the prohibited degrees of relationship.

2. So you are free to marry each other.
Ashish Davessar
Advocate, Jaipur
20072 Answers
531 Consultations

5.0 on 5.0

1. You do not have common ancester within 5 generations,

2. You two had comon ancester was your great great great grandfather which is the 6th generation, 

3. So, yours is not within the prohibited degree of relationship,

4. So, you can legally marry each other.
Krishna Kishore Ganguly
Advocate, Kolkata
14155 Answers
315 Consultations

5.0 on 5.0

Dear Querist
you can go for marriage with her, there is no relationship neither spinda nor prohibitory decree.

go ahead if both of you are willing to marriage with each other, no body can restrain you to do that this marriage is purely legal.
Nadeem Qureshi
Advocate, New Delhi
4131 Answers
162 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer