• Marrying second cousin

Can I marry my paternal grandmother's sister's granddaughter?I am a Hindu ,do I come under sapinda category , if yes how can marry that girl?
Asked 6 years ago in Family Law
Religion: Hindu

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17 Answers

Marriage among second cousins would fall within prohibited degree of relationships

If there is custom to that effect in your community you can marry you second cousin

Ajay Sethi
Advocate, Mumbai
94803 Answers
7551 Consultations

5.0 on 5.0

Hi, you can perform marriage under Hindu marriage act

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

As per the definition of Hindu marriage Act

(g) degrees of prohibited relationship:-

(iv) children of brother and sister or of two brothers or of two sisters.

Your case clearly falls under(two sisters) wherein your GM's sister grand daughter will be construed as childrens of two sisters and therefore prohibited.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1) No you cannot marry her. Is your's and her's great grandfather of grandmother parents are the same and you both are in the 4th generation.

2) for sapinda marriage to perform its require son side 5th generation and daughter side 7th generation

In the illustration (see diagram) S4 and D4 are each tracing their relationship to the common ancestor through his or her mother and they are each 4 degrees from the common ancestor. Since they are beyond three degrees in the line of ascent through the mother, under s. 3 of the Hindu Marriage Act, 1955, they would not be Sapindas and so can marry each other.

It is obvious that the purpose of the modification is to relax the rule of prohibition in relation to Sapinda relationship and to enlarge correspondingly the area of the circle of eligibility for purposes of marriage. Sapinda relationship is not a bar to the marriage if there is a Custom to the contrary (s. 5 (v)).

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Hello,

Your will fall under prohibited relationship. You may go ahead and and marry her, the same is voidable at the option of the parties. Third party can not interfere, so if you two agree then you may marry, there is no legal impediment.

Prohibitions apply to marriage between certain people related by blood or marriage. A couple who fall within the prohibited degrees of relationship cannot marry. These prohibitions are based on:

Consanguinity – blood relationship including half blood (half blood means having one parent in common, for example a half-brother)

Affinity – relationship by marriage

The prohibited degrees apply to a wide range of family relationships and include marital and non-marital offspring.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Hello,

1) The '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, the line being traced upwards in each case from the person concerned, who is to be counted as the first.

2) In your case you are Sapindas by this definition and hence you can not e legally be married. Even if you decide to get married as Hindus your marriage will be legally void.

As long as you do not reveal your relationship as sapindas and you marry by any rituals and get your marriage registered with the local authority and get a marriage certificate issued you can manage the marriage and be married before the world.The issues can arise as and when the marriage is questioned before law as in a marital/property dispute in the future.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

You can marry her only in case there's a custom in your community w.r.t. marrying first cousins, and otherwise not.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Marriage with someone failing within sapinda relationship is prohibitted.

So you can marry her anyway but it won't be recognised under the eye of law.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Respected sir ...

Two persons are said to be "sapindas" of each other if one is a linear ascendant (i.e. is a blood relative in the direct line of descent - the children, grandchildren, great-grandchildren, etc. of a person) of the other within the limits of "sapinda" relationship, or if they have a common lineal ascendant who is within the limits of "sapinda" relationship with reference to each of them.

For example, if the bride is the offspring of any person within five generations (inclusive) on the groom's father's side and three generations (inclusive) on the groom's mother's side, or vice versa, they will be referred to as "sapindas" of each other....As per the above said spinda relationship you can not marry that girl if you did marriage under HMA ...That marriage will be void ...You have option available to go under special marriage act...You can do your marriage there ..

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Degree of prohibited relationship:

i)"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, the line being traced upwards in

each case from the person concerned, who is to be counted as the first generation;

(ii) two persons are said to be "sapinda" of each other if one is a lineal ascendant

of the other within the limits of sapinda relationship, or if they have a common

lineal ascendant who is within the limits of sapinda relationship with reference to

each of them;

(g)"degrees of prohibited relationship " - two persons are said to be within the

"degrees of prohibited relationship"-

(I) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other;

(iii)if one was the wife of the brother or of the father's or mother's brother or of the

grandfather's or grandmother's brother or the other; or

(iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children

of brother and sister or of two brothers or of two sisters.

Explanation.- for the purposes of clauses (f) and (g) relationship includes(I)

relationship by half or uterine blood as well as by full blood;

(ii) illegitimate blood relationship as well as legitimate;

(iii) relationship by adoption as well as by blood; and all terms of relationship in

those clauses shall be construed accordingly.

You may verify that under which of the above relationship doe your proposed partner falls within.

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

Hi

You can marry if the customs of your area regarding this allows you.

As per law you cannot marry her as this relation will come under sapinda.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The marriage will be within the prohibited degrees and also sapinda, hence it cannot be done. However, nothing stops you from living in together.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Although it is not permitted as per Hindu customs but if you in love then you may go ahead with the willingness of the families of both of you else at your own WLL.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

Special marriage act does not permit marriage among second cousins

You can marry your second cousin only if there is custom in your community to that effect

Ajay Sethi
Advocate, Mumbai
94803 Answers
7551 Consultations

5.0 on 5.0

If this marriage is objected by anyone during the notice of intent to marry period then after hearing the objection, the marriage registrar will seek clarification on this and may even decide to refuse to register the marriage under special marriage act.

if customs and traditions allow then you can register your marriage under the provisions of Hindu marriage act itself.

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

Yoor marriage will not be valid even under special marriage act.

Also if you two do not have any problem then you may go ahead and marry, a third party can not challenge the marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Yes, if this is permissible in your caste too.

Not even the Special Marriage Act allows this.

This marriage will be void ab initio.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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