A.Dear client,
As per the Hindu Marriage Act, marrying within the prohibited degree is completely illegal and unlawful. If the spouses are within the degrees of prohibited relationship, then their marriage will not be a valid marriage. Under Section 3 of the Act which states the prohibited degree is inclusive of cousins and their children. if one partner is the other's lineal descendent. In addition to a father, mother, grandfather, and grandmother, a lineal ascendant also includes a great grandfather, great grandmother, and so on.If a lineal descendant or ascendant of one spouse is the spouse of the other. Along with children and grandkids, great grandchildren and their offspring also constitute a lineal descendent.
whether the two couples are first cousins, uncle and niece, aunt and nephew, or brother and sister.
All these would come under prohibited degree.
Thank you
As per the Hindu Marriage Act, marrying within the prohibited degree is completely illegal and unlawful. If the spouses are within the degrees of prohibited relationship, then their marriage will not be a valid marriage. Under Section 3 of the Act which states the prohibited degree is inclusive of cousins and their children. if one partner is the other's lineal descendent. In addition to a father, mother, grandfather, and grandmother, a lineal ascendant also includes a great grandfather, great grandmother, and so on.If a lineal descendant or ascendant of one spouse is the spouse of the other. Along with children and grandkids, great grandchildren and their offspring also constitute a lineal descendent.
whether the two couples are first cousins, uncle and niece, aunt and nephew, or brother and sister.
All these would come under prohibited degree.
Thank you
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A.Dear Client,
Marriage between a couple having a prohibited degree of relationship is illegal and void both under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. There may, however, be some cases where marriage is solemnized under the Special Marriage Act between persons professing the same faith and belonging to the same group or family. Even, in such cases, marriage, cannot take place between the parties who are within the degrees of a prohibited relationship. All first cousins - paternal and maternal, parallel and cross - are placed by the Special Marriage Act in the category of prohibited marital relationships. Section 3(g) of the Hindu Marriage Act,1955 states persons under prohibited relationship. Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other. For example, a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson. If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mother's brother and the first cousins are solemnized, those marriages, in the absence of a custom in the community are not valid marriages. In short, a person can not marry up to his second cousin from the mother's side and up to his fourth cousin from the side of the father. It is also necessary the parties should not be sapindas of each other from either side. So, the marriage with a cousin's daughter comes under the category of a prohibited relationship and the marriage is illegal in terms of Section 3(g) of the Hindu Marriage Act,1955.
Marriage between a couple having a prohibited degree of relationship is illegal and void both under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. There may, however, be some cases where marriage is solemnized under the Special Marriage Act between persons professing the same faith and belonging to the same group or family. Even, in such cases, marriage, cannot take place between the parties who are within the degrees of a prohibited relationship. All first cousins - paternal and maternal, parallel and cross - are placed by the Special Marriage Act in the category of prohibited marital relationships. Section 3(g) of the Hindu Marriage Act,1955 states persons under prohibited relationship. Two persons are said to be within the degrees of prohibited relationships: if one is a lineal ascendant of the other. For example, a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson. If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mother's brother and the first cousins are solemnized, those marriages, in the absence of a custom in the community are not valid marriages. In short, a person can not marry up to his second cousin from the mother's side and up to his fourth cousin from the side of the father. It is also necessary the parties should not be sapindas of each other from either side. So, the marriage with a cousin's daughter comes under the category of a prohibited relationship and the marriage is illegal in terms of Section 3(g) of the Hindu Marriage Act,1955.
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