• The way out to marry daughter of my father's sister

Sir, 
I am in love with my cousin for 2 years. We both are major by age. We both love each other a lot and want to spend our life together. So please tell me ..is there any wayout by which i can marry with her. I hope you will understand our situation.
Asked 1 year ago in Family Law from Agra, Uttar Pradesh
Religion: Hindu
1. This relationship falls under the prohibited degree of relationship to marry.
2. So you better avoid marrying her.
 The progeny of such marriage often bear genetic  disorder.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1) you cannot marry your first cousin 

2) it falls within prohibited degree of relationship 

3) such marriage would be illegal
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1)  such marriage  falls within prohibited degree of relationship 

2) the parents have rightly refused consent 

3) you cannot live with your first cousin legally 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. You cannot marry your first cousin as you are within the degrees of prohibited relationship. Your legal union will be illegal.

2. There is only one way out-to challenge in the court the law which makes your marital union illegal. The courts in India have the power to strike down any law.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. I do sympathize with you both. It should not be the business of anyone including the lawmakers to tell someone to not to marry someone as long as both have attained the age of marriage.

2. Your legal recourse is to challenge the law.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. The court can punish you with imprisonment. It does not matter whether you are major or not.

2. You cannot take a decision which is against the law of the land. You cannot marry.

3. I gave you a practical suggestion i.e to challenge the law in the court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. According to section 5 (iv) of Hindu marriage act, marriage cn't be solemnized between prohibited relationship.

2. If marriage is solemnized then it shall be treated as void. It has no probatibe force.

3. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1) you cannot legally marry your first cousin 

2) such marriage is nullify 


3) you cannot take any such decision 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
case law :
Gowri Ammal And Anr. vs Thulasi Ammal : if marriage solemnized between prohibited relationship it will be void in the eye of law but children shall be treated as legitimate child and they will accrued all the rights available in HMA and other laws. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. The fact of the matter is you cannot marry. So obviously you have to do it before marriage.

2. The procedure is to engage a lawyer and challenge it.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
In a recent decision [WP(Crl) 977/2010] the Bombay High Court declined to agree with the prayer of a husband directing that the parents of her wife be directed to give the custody of the wife to her. The High Court noting that the marriage being first cousins, who were Hindus, was illegal and thus the Court could not give such direction. The High Court, however expressed no opinion on the arrangement entered into between the two being of the view that they both were majors and thus free to take their decisions.
 
The High Court inter alia observed as under;
2. Counsel appearing for the petitioner, however, submits that the Court should issue further direction to the respondents to hand over the custody of Harmandeep Kaur to the petitioner. Inthe facts of the present case, we do not think it proper to consider this prayer. That is so, because, it is the case of the petitioner that he has entered into marriage with Harmandeep Kaur on 21st January, 2009 knowing fully well that the said Harmandeep Kaur is his first cousin. In view of Section 5 of the Hindu Marriage Act, the marriage between the petitioner and Harmandeep Kaur Kuldeep Singh cannot be treated as valid. It is void on account of clause (v) of Section 5 of the Hindu Marriage Act, 1955. If the request of the petitioner was to be considered, it would be putting seal of approval of the Court on the arrangement arrived at between the petitioner and the said Harmandeep Kaur. At the same time, we may observe that said Harmandeep Kaur is admittedly major. She is free to take her own decision, if she so desires. That decision could be in consultation with her parents and relatives. We express no opinion with regard to that. In our opinion, no further order is warranted in this petition. Petition is disposed of. 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hi, It is advisable both of you are perform your marriage in the Sub-Register office, So you can live together but one thing you must remember other then the Spouse no body can not challenge the marriage. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The sub-registrar cannot register your marriage as your marital union is illegal. The sub-registrar is authorized to register only those marriages which are legal.

2. You must remember that a live in relationship is deemed as marriage. So while a live in may sound a feasible option in the first place, it may invite your prosecution at the instance of your parents which may jeopardize your long term plans. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) such marriage is null and void. Marriage registrar will not solemnise such marriage 

2) I have already cited Bombay high court judgement wherein it has been held that such marriage is null and void 

3) we have advised you legally .it is your call now 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Both of you should satisfy the conditions stipulated for Hindu Marriage like 'the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two'.
2. If the boy is aged 21 years & above and the girl is aged 18 years and above and would like to marry and if they satisfy the conditions required for Hindu Marriage, they are free to marry.
3. You have each & every right to take decision of your life, but it should not be against the accepted traditions & customs prevailing in the Hindu community.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. This custom ans usages are not prevalent in Uttar pradesh.

2. In some part of Bengal, Assam, Kerala and TN this type of marriage may be solemnized between blood relation.

3. Registrar need all the document regarding age, religion, address and Id proof, marriage solemnization certificate, invitation card etc. but borne in mind that all these document don't disclose that you are in prohibited relation. 

4. You are free to solemnize and get registration but you marriage is not valid. If its validity is challenged by any party then you will suffer. Your wife can't claim any statutory right like inheritance, maintenance etc.     
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1)both are adults . they are free to make their decision on their future .


2) marriage would be void . court wont give their seat of approval 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
As per Hindu law it is not possible but you both are major so you may take the help of high court or supreme court and file a writ and claim protection from the parents and society.
You can challenge the Hindu law's sections by which this is prohibited.
You should contact a lawyer personally or over the phone it will be better.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) your cousin is a major and can make her own decision in life 

2) if her parents forcibly take her away she can lodge police complaint against her parents 

3) also complain to state commission of women . 

Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
You may file a complaint before criminal court for search warrant and recovery of her due to her illegal custody or wrongful confinement.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. If a complaint is filed against you by your or her family members your prosecution may ensue.

2. I reiterate that a long live in is deemed to be a marriage, which can result in your prosecution.

3. Do not look at short term solutions as the damage will be long term. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Marrying the daughter of father's sister is not illegal especially in South India.  The traditions allow it and even there is no bar to min the provisions of  law. 
No doubt Hindu Marriage Act bans all kinds of first cousin marriage, but allows these type of marriages when allowed by local custom. North Indian Hindus treat all kinds of first cousin marriage as incest, but same is not the case with south Indian Hindus. Marrying cross cousins is common and favoured among south Indian Hindus. Marriage between maternal uncle and niece is also practised among South Indian Hindus, which is considered as incest by other Hindus.  Additionally, marriages within certain degrees of consanguinity are considered sapinda and banned in Hinduism. Hindu lawgivers differ in the definition of sapinda: at one extreme, according to some sources marriages are prohibited within seven generations on the father's side and five on the mother's side. In contrast, other sources allow cross cousins to marry, including first cross cousins. In the Mahabharata, one of the two great Hindu Epics, Arjuna took as his fourth wife his first and cross cousin Subhadra, the sister of Krishna.
Cousin marriage has genetic aspects that do not arise in the case of other marriage-related political and social issues like interracial marriage. This is because married couples that possess higher than normal consanguinity, shared identical DNA and genetic material, have an increased chance of sharing genes for recessive traits. 
Buddhism  does not proscribe any specific sexual practices, only ruling out "sexual misconduct" in the Five Precepts.[183] Zoroastrianism allows cousin marriages. Sikhism largely follows the pattern of ban on the same clan marriages.
You may come down to South India and get married so that there wont be any disturbance or looking down  by people about it.  
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Sir , if that girl wants to live with me, not with her parents then whether court will prevent us to live together.
Court cannot  prevent an unmarried male and female living together. 

As per law the marrige is void but....if we both want to live our life together and can take the decision of our own life being a major then how court can prevent us from doing this.....
Though marriage is voidable, the court cannot stop the marriage between a adult male and an adult female getting married to each other as the customs and traditions will come before law.  The special marriage act does not prohibits such relationship. 

If court will not prevent us....then in the case of inderpal walia and hermendeep ..why court said that they are not allowed to live together....
And rejected the petition of inderpal walia....
The situation under the above case is not under special marriage act.

I once again reiterate that your marriage with the proposed female cannot be stopped by the court or anyone since you both are majors by age and willing to hold each other's hand in marriage. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1) in above mentioned case the court expressed view that   both were majors and thus free to take their decisions.

2) in inderpal case Petitioner  moved court to direct hermendeep parents to give him his wife custody . court said we cannot give such direction as marriage is void and illegal 
 

3) in your case if you move court that your first cousin custody be given to you then court wont give any such direction . you can decide to live together if you so desire 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. The court will not prevent you from living together. If you have attained the age of majority you are free to live together. 

2. What the court can do is order your prosecution for having married in violation of the law of the land. The prosecution may culminate in both of you being held guilty and sentenced to imprisonment.

3. Your or her parents can initiate your prosecution by filing a complaint.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) since your relationship is illegal you cannot knock the court doors for relief

2) you have no remedy if your first cousin is forcibly taken away by her parents 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hi, you can perform your marriage in the Sub-Registrar office and you have the fear that any one of the family members may challenge your marriage.

Section 11 of the Hindu marriage act read as follows :-Void marriages. ?Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 11 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses
(i) , (iv) and (v) of section 5.

While reading the Section 11 the marriage may be challenged either of the party to the marriage and not third parties, in your case both of you are not going to challenge the marriage and either of the family members can not challenge the same as it prohibited under Section 11 of the Hindu Marriage Act. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) since your first cousin is a major she can stay separate from her parents if she so desires. 

2) if she is forcibly detained she can lodge police complaint against her parents 

3) also file complaint with state commission for women 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. The court is going to lend all possible help to you within the periphery of law.

2. If her family members hold her back against her will then you may move the HC to free her from the imposed shackles. Nobody can detain her.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. She cannot be placed under house arrest by her parents. You also cannot be stopped from living together.

2. The only legal consequence of your live in can be a prosecution initiated by your parents, but this does not imply that you cannot live according to your desire.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Dear Queryist,
You are getting confused by putting more and more questions and complicating the things when you have been properly advised to go ahead with your proposal to marry that girl of your choice.  This may not be possible in Hindu marriage act, so you were advised to marry under Special marriages act where no such restriction is there. 
moreover there is no law to separate two adult persons,especially a man and a woman living together with their own will and wish.  
If she wishes to live with you by discarding her relationship with her parents, being an adult no law can force to do anything against her wishes, if you want to understand the legal position and proceed in the right direction his way, no harm can be caused to you, so instead of stretching this thread any further do something productively. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Dear Querist
If the girl is major and wants to live with you then nobody can restrain her do live with you.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) I have advised you at length 

2) cited judgement of Bombay high court that marriage between first cousins is void and that court won't give any directions in case you move court for custody of wife 

3) also mentioned that both are adults and free to take their own decision 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Dear Queryist,
I agree that under the First schedule, Part I, your relationship falls degree of prohibited relationship which are listed as item 34 and 35 in the list of the Special Marriages Act, 1954.  In this there is a clause  that :  
Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are are within the degrees of prohibited relationship. 
To your last query, if you are afraid of the wrath of society due to this marriage but willing to dare it by living together without marriage, both being adult by age and neither of them has been coerced or pressurized to do the act of living together under duress, also since both can realize the the meaning of living together, there is no legal infirmity in both living together in the form of a live in relationship. 
A man marrying his father's sister daughter is very common in South India and is held legally valid and the marriage is registered under Hindu Marriage act and a marriage certificate also issued on the same lines, if the law is common across the country, how will this be possible?
Let us not deviate the subject, if you have decided to live with her take her to some other town and start living with her, no police or court can ask you get separated.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. No. Under no circumstances you can legally get married,

2. You fall under the degree of prohibited relationship for the purpose of getting married as per The Hindu Marriage Act,1955.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Law prohibits you to marry each other,

2. If you marry each other, it will be an illegal act commited by both of you,

3. Lawyers can not be asked to show ways to perform an illegal act.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Your marriage will be treated as ilegal,

2. You do not have right to perform an illegal act tough you are adult and it is your own decision,

3. Your children may face peoblems lateron if your marriage is declared void at a later stage,

4. Your children will have no claim on your anceatral  property,

5. God forbid, if on a later day she filed a complaint against you alleging that you have forced the said illegal marriage on her by blackmailing her then it will be difficult for you to face such complaint which you may say now that I donot care,

6. Having said so, I also state that the World famous film director late Satyajit Ray had married her cousin who was much elder to him and nothing has happened to her till date because he became world famous and nobody complained aganst his said marriage. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You can certainly live together. This is what I have been telling you from the beginning.

2. However, there are legal consequences of your live in. A live in relationship is equivalent to marriage. Since you are within the prohibited relationship being first cousins, you are liable to be prosecuted if it is launched by parents of either of you.

3. Everytime you come out of jail and begin to live together you will be liable to be prosecuted again. This makes your living together an unviable solution.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Law has been enacted after considering various facts,


2. Challenging the law will be a futile excercise,


3. You can not challenge the law after breaking it. You got to challenge the law and get favourable order to get married being supported by the said Order.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You can live together as cousns if the society permit you,

2. The marriage registrar will not register the marriage if it is declared that you fall under the decree of prohibited relationship.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You can live together as cousins,

2. Your marriage will be treated as void by the Law,

3. If you do an illegal act as per law, the said act can be complained against as per law.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Family members will not take her away forcefully,

2. they will come with police with the complaint that you have illegally eloped with her,

3. Since you can not marry her, you can not claim her back as your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Even being independent major you can not decide to do an illegal act which is being repeatedly driven home,

2. Since you can not marry, you can not substitute marriage with  live together as husband and wife  arrangement,

3. The Court will certainly interfere if complained is made by some body.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Your propose act is illegal as per law,

2. No body can help you do do the said illegal act.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. She may live seperately leaving her parents and no body can force her to live with her parents,

2. You can not live as per your desire if your said desire confronts the law of our country,

3. She does not have the right to live with you as your wife since you two can not marry each other for the reason stated in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You can live as cousins,

2. However, your parents will cerytainly complaint before the police about your unlawful relationship,

3. Insuch case police will arrest both of you and you will be tried before the Court of law for having ilicit relationship with each other.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Your prosecution may ensue on the complaint of parents of either of you. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
If your parents allow you both to live together, that is enough for you that there will be a protection  for you both at least  from your side, let them not agree to it, you can, with the support of your parents go ahead with your plan to marry, which cannot be illegal. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1) if your cousin parents dont allow you can stay with her if she is agreeable as she is a major and can take her own decision in life 

2) if her parents forcibly take her away she can  lodge police complaint against them 

3) you cannot move court for custody on grounds that she is your wife 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Your parents or her poarents, irrespective of whoever lodges the complaint against your said act, he esult and consquence will be same as has been mentioned in my earlier posts,

2. The scenario will be that you both will be arrested and tried  under appropriate act for conducting illegal act and also may be punished as a consequence of which both of you might loose your jobs and never get any suitable job after being released, if no such hings happen our childen will be called illegitimate etc.,

3. If you can become famous like Satyajit Ray, then you can take the courage to marry your cousin and in that cae  no body will  expectedly complain against you and nothing will happen to you.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. special marriage act is not applicable in your case. 

2. your marriage will be void ab initio.

3. HMA prohibits this type of marriage, you can't solemnize this marriage after getting conversion into another religion.

4. you can live together either in live in relationship or solemnization of marriage but whenever any complaint is filed then you should be ready to face consequences. 

5. if girl's side files a case under sec 363/496 for abduction and  fraudulently solemnization of marriage then you'll be behind the bar because these offences are non bailable and cognizable. 

6. And your plea that you love together will not sustain. 
 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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