You cannot  marry your first cousin as it falls within prohibited degree of relationship 

File for divorce by mutual consent in India 

it takes around 6 months 

She is your first cousin and marriage with first cousin falls under the prohibited degree, therefore, you cannot marry

if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

The parties shall be Sapindas of each other and shall be illegal. 

You can file mutual divorce if both of you are agree to the same. 

Otherwise file contested divorce petition .

It takes generally one year time to dispose of. 

No it is a prohibited relationship you cannot marry father's sisters daughter.

You and your wife can file for mutual divorce if both are mutually ready for sane it can take 6 months or more though if not ready a contested divorce on ground of cruelty has to be filed.

1. Even though you are a Jain, the Hindu Marriage Act will apply to you. There is no bar for you to marry your father's sister's daughter. It does not come under prohibited relationship.

2. Non consummation is one of the grounds for Annulment of marriage.

3. To get divorce easily, let the couple opt for Mutual Consent Divorce.

1. Let the couple agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

1. Unless your caste validates such marriage as per age old age customs this is void marriage.

2. So you can apply for nullity of marriage both under the ground of prohibited degree of relationship and on non consummation of marriage. 

3. Otherwise f your wife agrees then apply for mutual divorce or suit for nullity on mutual consent.

No, you can't marry with your cousin sister it's void as per Jain law and hindu marriage Act. 

Secondly on non consummate ground you can divorce your wife. 

And still you want to marry with your cousin sister there is no problem unless n until someone raise any question from your family, society and community. 

You cannot marry  your first cousin 

1) You cannot marry your first cousin, as she falls within the prohibited degree of relationship under Hindu Law.

2) You can file for Divorce under Mutual Consent "MCD", it takes around 6 months to one year.

You can legally marry her.

Sapinda marriages are prohibited as the girl is your first cousin. Jain is covered by Hindu marriage act so that this marriage is not legal if it is allowed by the society then only you can go for this mairragm.

so far as the non consumation of marriage is concerne you have to find divorce petition for the annulment of marriage on the grounds of non consumation and it will be good if and mutual consent divorce petition should be filed in this regard to close down the case as soon as possible

1. IF you are already married (irrespective of non consummation of marriage), you CANNOT marry again, without getting a Divorce Decree, which can be obtained in India or your current address in US.

2. IT would be a prosecutable offence to marry another girl during subsisting of present marriage.

3. ONLY  "AFTER" getting a Divorce Decree, you can legally re-marry ANYBODY (including Father's Sister's daughter).

Jain sect comes under the Hindu religion and as per the Hindu marriage act you cannot marry each other.

A divorce petition by mutual consent should be filed in India and you will get a decree within 6 months.

No you can't marry her. The marriage would be  null and void as per the law.

Hi

Get divorced on the basis of allegations you mentioned here from your wife.

You don't have a consummate marriage, this is also a divorce ground. 

Yes you can marry the another lady mentioned here.

Thanks 

Yes you can marry if you both doesn't come under prohibited degree of marriage. 

You can file mutual consent divorce after one year of separation from marriage and you will get divorce in 8 months from date of filing

-  Hindu law applies to Hindus as well as Jain. 

- As per section  3(g) of the Hindu Marriage Act, 1955.

Two persons are said to be within the “degrees of prohibited relationship”-

• if one is the lineal ascendant of the other; or
• if one was the wife or husband of a lineal ascendant or descendant of the other; or
• 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
• if the two are brother and sister, uncle and niece, and and nephew, or children or brother and sister or of two brothers or of two sisters.

- Hence, you can't marry with your cousin sister it's void as per Jain law.

- However, you can marry with someone as long as both of you happy in future life bonding, and all elders agree it and your customs accepts it.

- Non-consummation of marriage is a ground of divorce  

- Take her consent for mutual divorce , for getting divorce within a short period of time. 

If the prevailing customs permit you then you can proceed. 

In fact in south India it is permitted. 

You can ask her to agree for mutual consent divorce and file the same,  however you need to have lived separately from her at least for a period of one year or more. Otherwise you can file a contested divorce on the grounds of cruelty citing non consummation of marriage as the reason for cruelty. 

You can marry her provided your customs permit you,  if not then you can marry her under Special marriage act. 

1. No this relationship is barred by sapinda relation and marriage will be void ab initio.

2. You and your wife should file mutual consent divorce petition in family court and it will take 6 months to get divorce from the date of filing.

there are certain kind of prohibited relation under which marriage is considered as void !so in you case too marriage is not possible as its comes under sapinda relation .

if marriage not consummated you can file petition u/s 12 , but almost three years has been passed so you can not file petition under this section. You have to file divorce petition u/s 13 of Hindu Marriage Act on cruelty Ground.

See you cannot marry her as per the law. 

1.Jains are Hindus under HMA, hence governed by HMA which prohibits sapinda marriage.

2. Nothing stops both of you from living together.

1. The process to divorce is by filing a divorce petition. If there is a positive agreement between spouses on all outstanding issues then mutual divorce can be filed which takes only 6 months to finish.

2. You cannot remarry without obtaining decree of divorce.

1. No, you can not marry your father's sister's daughter since you fakll under prohibited relationship for conducting marriage.

2. She stands to be your cousin sister in relationship.

3. In case of south Indians it is not prohibited because of the customs prevailing in South India for suchg marriage.

1. It is a different query put as follow up of the earlier query.

2. You can file a petition praying for annulment of the marriage for her refusing to consummate the marriage and also for availing your consent for marriage suppressing the vital fact that she is in love with a third party and had the said fact been informed to you, you would not have given consent for your marriage.

3. In the above annulment petition, you shall have to claim that you came to know about her love affair within one year  before the said petition has been filed.

4. The best course of action for you shall be to negotiate with her and jointly file a mutual consent divorce petition on agreed terms which will be disposed of within 6 & 1/2 months from the date of its filing.

No, you can not legally marry your cousin due to the prohibited relationship.

Dear Sir,

Lots of wrong answers here forced me to write on this topic once again.

Being an Atheist means nothing in India. You will be governed by Hindu Laws. Marrying your Father’s Sister’s Daughter is not allowed as per Hindu law since you being Sapinda(born from same body in lineage) of each other just three generations back.

Such marriages are failures usually, considered incest in the most parts of India. If such marriages are accepted as customary in your own society/caste and you can prove the same then only your marriage can be legally acceptable otherwise it will be void
(considered as no marriage took place ever). Remember, you can still marry without telling this to anybody and live your life, your marriage’s illegality can be raised at any point of time till you live and even when you are no more.

I would suggest you to avoid such marriages done on impulse. It is not worth living being cursed by everyone in the society forever. If your society doesn’t approve such marriages, not only you but your children will be talk of the town for such deed of yours forever.

Genetically, it is harmful to do such marriages too.

Thanks to Palash Shrivastava for pointing out my mistake:

In your case, you can not opt to marry before a marriage registrar because:

THE SPECIAL MARRIAGE ACT, 1954 THE FIRST SCHEDULE [See section 2(b) “Degrees of prohibited relationship”] PART I 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 grand-mother). 7. Mother’s father’s mother. 8. Mother’s father’s father’s widow (step great grand-mother). 9. Father’s mother. 10. Father’s father’s widow (step-grand mother). 11. Father’s mother’s mother. 12. Father’s mother’s father’s widow (step great grand-mother). 13. Father’s father’s mother. 14. Father’s father’s father’s widow (step great grand-mother). 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 grand-father). 5. Father’s father’s father. 6. Father’s father’s mother’s husband (step great grand-father). 7. Father’s mother’s father. 8. Father’s mother’s mother’s husband (step great grand-father). 9. Mother’s father. 10. Mother’s mother’s husband (step grand-father). 11. Mother’s father’s father. 12. Mother’s father’s mother’s husband (step great grand-father). 13. Mother’s mother’s father. 14. Mother’s mother’s mother’s husband (step great grand-father). 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. Explanation.—For the purposes of this part, the expression “husband” includes a divorced husband.

Your case: Father’s Sister’s daughter come in item number 35 of PART I of the schedule of “prohibited relations”. You can not marry under Special Marriage Act too.

Now what you can do to live life peacefully as husband wife, legally. Despite all these, if you are hell bent to marry each other at all costs, allegations, cursing from the relatives and locality and ready to risk your children inheriting diseases, you have two options to legalise your marriage:

1. Abandon all your relatives. Go abroad and marry there as per their laws.
2. Both of you Get converted to Islam as they do not consider marriage even with first cousin an incest.

In both cases, you should be ready to leave your family and society forever.