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  • Category: Marriage

    Second cousin marriage legal or illegal?


    Have a question about legality of marriage? Wondering whether marriage to a second cousin is legal or not? No worries, you can scroll through this page and get answers to resolve your concerns.

    I am in a relationship with my mother's cousin sister's daughter. Her maternal grandfather and my maternal grandfather are real brothers. We truly love each other and both want to marry.
    Is it legal to marry her?
    We are Hindu Brahmin from North India (Madhya Pradesh).
  • #150362
    The relationship as indicated by you does not appear to be so close and in no way such relationship can affect your matrimonial alliance.
    You can undertake such marriage negotiation provided you observe the following qualities in your partner-
    1) You have to watch the trustworthiness of your partner. If she possesses excellent reliability - factor, you can go in for the finalisation of marriage.
    2) Watch her temperament - she should show aggressive temperament or should not be moody. At the same time, she must have enough tolerance - power to listen to you carefully.
    3) She can undertake varried jobs essential for the maintenance of married life without having unreasonable complaints.
    4) She must be responsible for the different acts and she should be affectionate enough to her husband, close relatives and to their kids.
    5) In the event of crisis, she can sacrifice some items being enjoyed previously such as Car - maintenance, curtailing her expenditure on non - essential - items in the event of prolonged illness of self and spouse or loosing a job of either of the two in some uncontrollable circumstances.
    6) Family - secrecy should not be passed on to others in order to avoid the family - tension.

  • #150364
    As for the relation you have indicated she will be a sister to you. But the relation is not very near. So if you feel there is no other objections from both the sides, you can proceed. But if there is any small hesitation also you negate the proposal.
    Here the important issue is how the families react to this proposal. Are they willing the same? Are you ready to go ahead even though they say no?
    Think these things and then take a decision. In your case relation is not in line but you need not worry about it?

    drrao
    always confident

  • #150365
    For Hindus, it is illegal to marry their cousins according to Hindu Marriage Act which was passed in 1955. This act has made an exception for those marriages which are given a permit by regional-based personal laws. In certain states like Karnataka and other southern states, first cousin marriage is widely practiced. In these regions and customs, Hindu Marriage Act cannot be levied because their customs allow them to marry their immediate cousins. If marriages are exception to regional based personal laws then they will be considered as illegal.

    You are from Madhya Pradesh belonging to Brahmin Hindu family and in that state, cousin marriage is not practiced. Thus, first cousin marriage that you are thinking about will be considered as illegal. In North India, cousin marriage is seen as incest. You might have to carefully consider everything and consult a lawyer before getting married. As far as I know, this marriage will be considered as illegal and thus it is better to resolve and clear out the issue.

  • #150369
    The relationship between both of you is just brother and sister. The affection between you both could be due to the close relationship and both of you should not the consider this affection into love. My advice is both should forget the past thinkings and try to get married else where.

  • #150373
    As per Hindu Marriage Act, 1955 all kinds of first cousin marriage is illegal. Marriage between cross cousin is legal. You can marry with second cousin or third cousin from your mother's side. Some GOTRA marriage is legal too while it is not in some countries.

  • #150378
    If in your community this kind of marriage relationship is permitted, you can happily proceed, provided, you both have sincere mutual love.If you do not know please ask your parents or knowledgeable elders.

    In the present case,the common paternity is more than three generations away. Moreover, if you follow the paternal form of tradition, the 'Gotra' lineage will be differing.
    So in this present day, practically it will not be much of a problem.

    Actually for many families now, the cousins may not be knowing each other after one or two levels. In your case probability you are living in a common place or nearby, and hence know each other.

    So my answer to your question is that:
    If the marriage relationship is permitted and accepted in your community and place; if you both have true mutual interest and love; if you both are complying with the legal age for marriage; if there is no strong opposition from your families, please go ahead and marry and live happily continuing the mutual trust and affection.

    Best Wishes.

  • #150385

    In many communities such marriages are prevalent and it is not a very close relation so you can proceed ahead without bothering for legalities.

    Now coming to the main issue that are you in a true relationship with the girl or it is only a infatuation? This is very necessary to know because marriage is not a small time affair, you have to sustain it for decades altogether. Married life is an institution based on mutual faith, respect and cooperation.

    Another aspect is whether parents at both the sides are agreeing to this match or they have some reservations on this alliance.

    Once these things are sorted out and understood in their entirety then you can definitely go for this important matter in your life.


    Knowledge is power.

  • #150387
    In your community (Hindu Brahmin) it is not permitted to marry your cousin. Even you can not marry the person of the same Gotra. In Muslim community, you can marry your cousin.
    As far as the constitution is the concern, you can marry your cousin if you both are adult. Are your family members are ready for this marriage? Think twice before going to take any decision.

    Honesty is the best policy.

  • #150392
    Your mother and the girl's mother are cousin sisters. Both your grandfathers are real brothers.
    You have to look at this from the social, morally and the legal angle.

    Socially, it is acceptable for a boy/girl to marry a cousin who is father's sister's son or daughter or mother's brother's son or daughter. This is not frowned upon and is still praciticed in many Hindu families. This is also morally acceptable.

    The Hindu marriage Act states that marrying sapinda relations is illegal. The word Spainda relationship is used to decribe any person who can be traced via the line of accent through mother (three generations) and through father(five generations). The expections are if it is a established practice or a religious customs.

    In terms of your relationship that you are considering, it would be socially and morally not acceptable. Please check the section 5 of the Hindu marriage Act, discuss with a lawyer and then consider. The reason I mention this section 5 is, if you both proceed and a family member objects to this and you cannot prove that this kind of union is prevalent in your custom, your marriage can be declared null and viod.

    So, I would suggest the following
    At times such relationships develop in close circumstances, physcial attraction or a friendship that has taken a wrong turn.
    Now consider if this kind of marriage/alliance is acceptable by both families
    If not, Imagine the outcome of this union and the impact on both families.
    Both of you have a discussion, seek the advise of a good lawyer who can expalin to you the legal view and the legal stand if someone objects to this union.

    To some Hindus, the alliance that is in discussion would be socially and morally discouraged. But, what is important is both of you and both your families and the existing marriage practice. Based on this you can take a call.

  • #150408
    Oh Man, if that girl's mother is mousi to you, the girl is like a sister to you.
    It is not acceptable..marrying her according to Hindu Dharma.Please don't check our Indian relationship links with English or US methods because uncle is an uncle in US/England.Either it is chacha, Mousa, MamaBut Chacha, Mama...these are significant and separate entities in Indian relationship culture

    Regards,
    Abdhul Firoz.
    .

  • #150416

    First of all, find it out that whether she really loves you or not. As you are clear about the love she has for you, you need to be in a wait and watch condition for a certain period. Try to find out that she is moody, she is tolerable, she has the ability to manage the works of a married life and she can support you in managing your home. When you get clear that she is a perfect partner for your married life, be ready to marry her.
    Talking about legal difficulty, be sure you will not have to face any legal issue. As per Hindu Marriage Act 1955, you can marry with your 2nd or 3rd cousin from your mother side. You just do the thing is that both of you have to convince your parents and family members. Take them in faith, make them ready for the relationship that you will have with her and marry her happily.

  • #150419
    Yes, she is totally perfect.

  • #150510
    Legally yes you can marry since there are many Hindu communities where groom marries to maternal uncles daughter. And this is not stopped yet so for your case since you are 2nd generation to sibling grand parents , you are legally much secure.
    Coming back to marriage , yes in Hindu Brahmin you should not marry to person in relations. This rule made for good because of future generation since you both are following same one DNA which can cause complications.
    If you really sure you wanted this alliance then better to convince her and your parents for it and stay happy under any circumstance.

    Avi
    Life Is Beautiful

  • #150514
    There is absolutely nothing wrong in getting married to this girl. According to law, you are one hundred per cent the most eligible bachelor, to get married to this girl.

    However, there are cases where marriages between relatives, even if they are distant relations, as in your case, are discouraged by some doctors, who point out the dangers -- the possibility of some defect in the case of children.

    Am told that there is a huge amount of medical research and knowledge available in this regard. What you need to do is to visit a very well known gynecologist in your area and seek his/her opinion, after the basic tests are done. Such experts can guide you so well.

    I know of some cases where these tests have been extremely useful, in knowing if there is any problem that needs to be addressed, from a very scientific point of view. In one case, where both the sides had medical doctors, it did become so easy and the wedding went through only the gynecologists on either side, gave a green signal.

    Please do take the scientific route and do not, repeat do not, go to any astrologer. No astrologer, on earth, can ever predict the future. He or she, will try to match the horoscopes and then come up with some explanation. Since you are already in love, only the scientific route can help you to remove any doubt. However, in your case, such a possibility is very remote. I have observed problems only where the girl gets to marry her own maternal uncle or his sons.


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