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Can I marry my mother's sister's daughter's daughter under special marriage act?I am a Hindu nd from bihar....if yes then what is the procedure..nd if no what is the way out!!!thanks nd regards!!!
Asked 1 month ago in Family Law from Delhi, Delhi
Religion: Hindu
You cannot marry your niece . It would fall within prohibited degree of relationship 

Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
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1. No. This  is within the prohibited degree of relationship.

2. For the above reason, you two can not marry legally.

3.However, there are instances where famous persons married with persons within prohibited degree of relationship, like Satyajit Ray.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
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This is within prohibited degree of marriage and hence the marriage if performed would be considered as invalid.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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Section 5 of The Hindu Marriage Act specifies that conditions must be met for a marriage to be able to take place. If a ceremony takes place, but the conditions are not met, the marriage is either void by default, or voidable.

Void marriages
A marriage may be declared void if it contravenes any of the following:
1.	Either party is under age.The bridegroom should be of 21 years of age and the bride of 18 years.
2.	Either party is not of a Hindu religion.Both the bridegroom and the bride should be of the Hindu religion at the time of marriage.
3.	Either party is already married. The Act expressively prohibits polygamy. A marriage can only be solemnized if neither party has a living spouse at the time of marriage.
4.	The parties are sapindas or within the degree of prohibited relationship.
Degree of Prohibited relationship as per the Hindu Marriage Act, 1955

Section 3 (f):

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 "sapindas" 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;8

Section 3 (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; or iii. if one was the wife of the brother or the father's or mother's brother or of the grandfather's or grandmother's 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 3(f) and 3(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.
Degrees of Prohibited relationship as per the Special Marriage Act, 1954

Section 2 (b): Degrees of prohibited relationship - a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.

Explanation (I) - Relationship includes, --
a. relationship by half or uterine blood as well as by full blood; 
b. illegitimate blood relationship as well as legitimate; 
c. relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.

Explanation (II) - "Full blood" and "half blood" - two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) - "Uterine blood" - two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation (IV) - In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;



The First Schedule Degree Of Prohibited Relationship

PART - I
•	Mother.
•	Father's widow (step mother).
•	Mother's mother.
•	Mother's father's widow (step grand-mother).
•	Mother's mother's mother.
•	Mother's mother's father's widow (step great grand-mother).
•	Mothers's father's mother.
•	Mother's father's father's widow (step great grand-mother).
•	Father's mother.
•	Father's father's widow (step grand-mother).
•	Father's mother's mother.
•	Father's mother's father's widow (step great grand-mother).
•	Father's father's mother.
•	Father's father's father's widow (step great grand-mother).
•	Daughter.
•	Son's widow.
•	Daughter's daughter.
•	Daughter's son's widow.
•	Son's daughter.
•	Son's son's widow.
•	Daughter's daughter's daughter.
•	Daughter's daughter's son's widow.
•	Daughter's son's daughter.
•	Daughter's son's son's widow.
•	Son's daughter's daughter.
•	Son's daughter's son's widow.
•	Son's son's daughter.
•	Son's son's son's widow.
•	Sister.
•	Sister's daughter.
•	Brother's daughter.
•	Mother's sister.
•	Father's sister.
•	Father's brother's daughter.
•	Father's sister's daughter.
•	Mother's sister's daughter.
•	Mother's brother's daughter. 

From the things your relationship comes under prohibited degree of relationship. 
For the above reason, you two can not marry legally.
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
No this marriage is not possible as you are related both by sapinda and also the marriage is within the prohibited degrees. So the marriage cannot be given a legal recognition.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Dear Querist
you may marry her as you are beyond the Spinda relationship as she is the forth generation from your mother, as mother, mother's sister, her daughter and her daughter as per Hindu Law or as per Special marriage act.

for special marriage act, you have to apply for intend to marriage application before the marriage registrar appointed by state Govt. along with all the documents as ID proof, Address Proof, Aadhar card, Date of birth certificate, Passport size Photographs and required fee.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Yes , you can Marry mother's sister's daughter's daughter who is not under the degree of prohibited relationship as per section 2 (b) of Special Marriage Act. 
2. However, you can not marry your mother's sister 's daughter.
Hope the position is well clarified. 
Sushil Jha
Advocate, Patna
161 Answers
0 Consultations
5.0 on 5.0
 The facts being admitted that the parties are within the degrees of prohibited relationship, the only question to be decided is whether any custom or usage governing each of the parties permits of a marriage between the two.
Section 5 of the Hindu Marriage Act provides that one of the conditions for the Hindu marriage is that 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. 
Mother's sister's daughter comes under degree of prohibited relationship. 


One of the conditions of Special marriages act is that the parties should not fall within the degree of prohibited relationship.

Hope you understand the position of law now.
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
5.0 on 5.0
he First Schedule Degree of Prohibited Relationship PART – I

Mother.
Father's widow (step mother).
Mother's mother.
Mother's father's widow (step grand-mother).
Mother's mother's mother.
Mother's mother's father's widow (step great grand-mother).
Mothers's father's mother.
Mother's father's father's widow (step great grand-mother).
Father's mother.
Father's father's widow (step grand-mother).
Father's mother's mother.
Father's mother's father's widow (step great grand-mother).
Father's father's mother.
Father's father's father's widow (step great grand-mother).
Daughter.
Son's widow.
Daughter's daughter.
Daughter's son's widow.
Son's daughter.
Son's son's widow.
Daughter's daughter's daughter.
Daughter's daughter's son's widow.
Daughter's son's daughter.
Daughter's son's son's widow.
Son's daughter's daughter.
Son's daughter's son's widow.
Son's son's daughter.
Son's son's son's widow.
Sister.
Sister's daughter.
Brother's daughter.
Mother's sister.
Father's sister.
Father's brother's daughter.
Father's sister's daughter.
Mother's sister's daughter.
Mother's brother's daughter.


mother sister  daughter daughter is not covered in prohibited degree of relationship under SMA 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
Yes , you can marry your mother's sister's grand daughter under SMA as she is not in the prohibited degree of relationship under that Act. 
A Hindu can also enter into a valid marriage with another Hindu girl under SMA. Therefore, if you are 21 yrs and the girl is 18 yrs and above , then go ahead and register your marriage in the Registrar's office as per Act. 
Good luck!
Sushil Jha
Advocate, Patna
161 Answers
0 Consultations
5.0 on 5.0
1. This is within the prohibited degree of relationship for which you can not marry her.

2. Your said would be wife can file a petition any day in her married life praying for nullifying the marriage which will be granted by the Court.

3. Any claimant of the ancestral properties of your future children born out of the said marriage can file a suit against validity of your said marriage.  
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
The relationship "mother's sister's daughter's daughter I.e my mother's sister's grand daughter.." do not come under the schedule of Special Marriage Act, 1954 as a prohibited degree.

 Especially in the list as contained in section 2(b) "Degrees of prohibited relationship.

It either finds place in the Hindu marriage act, hence you may proceed as per your proposal. 
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
5.0 on 5.0
There was no confusion to me. You cannot marry even under Special Marriage Act.  The parents can file a suit for declaration of marriage as void.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Mother's sister's daughter comes under the Degree Of Prohibited Relationship. So her daughter is also comes under the same.
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
you can marry with your mother's sister's grand daughter as there is no spinda relationship with you and her.

nobody can restrain you to do that.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0

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