• I want to marry

I am in love with a girl for 4yrs n apparently got to know by relation she is my aunt ie my mother's cousin sister she is of my age and loves me too and we want to marry... Can I marry her I become her nephew. Will court accept our marriage if we register it.
Asked 4 months ago in Civil Law from Bangalore, Tamil Nadu
you cannot marry your aunt as it falls within prohibited degree of relationship 

2) if you have custom in your community of such marriages you can marry her
Ajay Sethi
Advocate, Mumbai
52200 Answers
3108 Consultations

5.0 on 5.0

Section 5 of the Hindu Marriage Act bans, among other things, marriage between a brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters. The marriage is void, unless the custom of the community permits it.
Ajay Sethi
Advocate, Mumbai
52200 Answers
3108 Consultations

5.0 on 5.0

You mother cousin does not fall within the prohibited degree of relationship unless she is related to her own sister closely.
So if you describe the line of relationship more elaborately then further advice can be given.
Devajyoti Barman
Advocate, Kolkata
14377 Answers
198 Consultations

5.0 on 5.0

You cannot get married to your aunt, as per law.
Siddharth Jain
Advocate, New Delhi
2301 Answers
24 Consultations

5.0 on 5.0

Sir the relationship falls in the prohibited decree of the relations and you cannot marry if there is such religious and customary practice in the area.

Under hindu marriage act the prohibited relationship is described as.



Prohibited decree of relationship as 
(g) “degrees of prohibited relationship” two persons are said to be within the degrees of
prohibited relationship-
(i) if one is a lineal descendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other or
(iii) if one was the wife of the brother or of the fathers or mothers brother or of the grand
fathers or grandmothers brother of 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
Shubham Jhajharia
Advocate, Ahmedabad
7591 Answers
23 Consultations

5.0 on 5.0

Further you can marry under special marriage act if your relationship does not fall under any of the below relationship,
Degree of Prohibited Relationship
1. Mother
2. Father's widow (step-mother)
3. Mother's mother
4. Mother's father's widow (step grand-mother)
5. Mother's mother's mother
6. Mother's mother's father's widow (step-great-grandmother)
7. Mother's father's mother
8. Mother's father's father's widow (step-great-grandmother)
9. Father's mother
10. Father's father's widow (step-grandmother)
11. Father's mother's mother
12. Father's mother's father's widow (step-great-grandmother)
13. Father's father's mother
14. Father's father's father's widow (step-great-grandmother)
15. Daughter
16. Son's widow
17. Daughter's daughter
18. Daughter's son's widow
19. Son's daughter
20. Son's son's widow
21. Daughter's daughter's daughter
22. Daughter's daughter's son's widow
23. Daughter's son's daughter
24. Daughter's son's son's widow
25. Son's daughter's daughter
26. Son's daughter's son's widow
27. Son's son's daughter
28. Son's son's son's widow
29. Sister
30. Sister's daughter
31. Brother's daughter
32. Mother's sister
33.Father's sister
34. Father's brother's daughter
35. Father's sister's daughter
36. Mother's sister's-daughter
37. Mother's brother's daughter
Explanation.- For the purposes of this Part, the expression "widow" includes a divorced wife.
PART II
1. Father
2. Mother's husband (step-father)
3. Father's father
4. Father's mother's husband (step-grandmother) 
5. Father's father's father
6. Father's father's mother's husband (step-great-grandfather)
7. Father's mother's father
8. Father's mother's mother's husband (step-great-grandfather)
9. Mother's father
10. Mother's mother's husband (step-grandfather)
11. Mother's father's father
12. Mother's father's mother's husband (step-great-grandfather)
13. Mother's mother's father
14. Mother's mother's mother's husband(step-great-grandfather)
15. Son
16. Daughter's husband
17. Son's son
18. Son's daughter's husband
19. Daughter's son
20. Daughter's daughter's husband
21. Son's son's son
22. Son's son's daughter's husband
23. Son's daughter's son
24. Son's daughter's daughter's husband
25. Daughter's son's son
26. Daughter's son's daughter's husband
27. Daughter's daughter's son
28. Daughter's daughter's daughter's husband
29. Brother
30. Brother's son
31. Sister's son
32. Mother's brother
33. Father's brother
34. Father's brother's son
35. Father's sister's son
36. Mother's sister's son
37. Mother's brother's son
Shubham Jhajharia
Advocate, Ahmedabad
7591 Answers
23 Consultations

5.0 on 5.0

Marriage between prohibited relationship not permissible by court also. No relief from court.
Yogendra Singh Rajawat
Advocate, Jaipur
5789 Answers
4 Consultations

4.7 on 5.0

1. You can not register your marriage under HMA.
Niranjan
Advocate, Bangalore
823 Answers
9 Consultations

4.9 on 5.0

- Out of conditions of Hindu Marriage , one is "The parties should not be within the degrees of prohibited relationships, unless the customs or usage, permits such a marriage. In other words , The parties should not be in a prohibited relationship i.e., aunts, cousins, uncles, etc.
- Hence, court will not consider this marriage for registration.
Mohammed Shahzad
Advocate, Delhi
230 Answers
7 Consultations

5.0 on 5.0

This is my response to you:
1. If marrying your cousin aunt is allowed, as per the customs then you can marry;
2. This would be objected by your family members, so take permission from them;
3. If they deny permission then you have option other than doing a court marriage;
4. Therefore ask your religious head, elders of the family and then only go ahead with this relationship.
Gowaal Padavi
Advocate, Mumbai
1474 Answers
2 Consultations

5.0 on 5.0

hello,
 I am sorry but the law is not in your favour as you are a Hindu and Hindu marriage act specifically and categorically states that such marriages are null and void.
the court cannot register such marriages if it comes to know of the relation between you two.
regards
Rahul Mishra
Advocate, Lucknow
1534 Answers
7 Consultations

5.0 on 5.0

1) No as per Hindu custom the marriage which you want to perform is not legally, because of the relationship.
Ganesh Kadam
Advocate, Pune
3876 Answers
23 Consultations

5.0 on 5.0

1. You fall under prohibited relationship for marriage.

2. You can not marry unless it is customary in your caste to marry your mother's cousin.
Krishna Kishore Ganguly
Advocate, Kolkata
20176 Answers
497 Consultations

5.0 on 5.0

1. Ordinarily it is a prohibited relationship for marriage.

2. You can only be allowed to marry her if such marriage is customary in your cast at your place.
Krishna Kishore Ganguly
Advocate, Kolkata
20176 Answers
497 Consultations

5.0 on 5.0

This marriage will be a 'sapinda' marriage under Hindu Marriage Act, hence it cannot have legal sanctity. However, nothing stops you from living together.
Ashish Davessar
Advocate, Jaipur
24530 Answers
681 Consultations

5.0 on 5.0

No, you cannot legally marry your own aunt.
Swaminathan Neelakantan
Advocate, Coimbatore
191 Answers
2 Consultations

4.9 on 5.0

This will come under prohibited relationship hence this marriage may not be valid in law.
Therefore do not take any risk because even if someone reports this matter then your marriage will be nullified.
T Kalaiselvan
Advocate, Vellore
42477 Answers
464 Consultations

5.0 on 5.0

Yes the relationship comes under prohibited relationship hence under Hindu law your marriage will not be valid.
T Kalaiselvan
Advocate, Vellore
42477 Answers
464 Consultations

5.0 on 5.0

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