• 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 11 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
61305 Answers
3721 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
61305 Answers
3721 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
16485 Answers
231 Consultations

5.0 on 5.0

You cannot get married to your aunt, as per law.

Siddharth Jain
Advocate, New Delhi
3847 Answers
42 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
15304 Answers
63 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
15304 Answers
63 Consultations

5.0 on 5.0

Marriage between prohibited relationship not permissible by court also. No relief from court.

Yogendra Singh Rajawat
Advocate, Jaipur
9802 Answers
8 Consultations

4.6 on 5.0

1. You can not register your marriage under HMA.

Niranjan
Advocate, Bangalore
844 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
298 Answers
13 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
1629 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
3236 Answers
9 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
6426 Answers
47 Consultations

4.9 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
21758 Answers
564 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
21758 Answers
564 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
25875 Answers
741 Consultations

5.0 on 5.0

No, you cannot legally marry your own aunt.

Swaminathan Neelakantan
Advocate, Coimbatore
413 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
51403 Answers
612 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
51403 Answers
612 Consultations

5.0 on 5.0

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