Q: Can I marry my maternal second cousin?
A: As per the query raised and my understanding, I would say that, YES! you can marry your maternal second cousin
and there is no illegality in that marriage.
Q: Does our relationship fall under SAPINDA category of Special Marriage Act?
A: The Sapinda relationship refers to relationship extending as far as the fifth generation in the line of the ascent of father and the third generation in the line of the ascent of the mother, where the generation includes you as the concerned person when tracking upward to be counted as the first generation.
As per Section 2(b) of Special Marriage Act, 1954, "A man and any of the persons mentioned in Part I and a woman and any of the persons mentioned in Part II of the First Schedule are within the degrees of prohibited relationship." In the clauses 3(f) and 3(g), the relationship includes -
a) Relationship by full blood or half or uterine blood
b) Illegitimate blood relationship as well as legitimate
c) Relationship by adoption as well as by blood
Full blood relationship - When two persons are related to each other from a common ancestor by the same wife they are said to be related to each other by full blood.
Half-blood relationship - When two persons are related to each other from a common ancestor but by the different wife they are said to be related to each other by half-blood.
Uterine blood relationship - When two persons are related to each other from a common ancestress but by the different husband they are said to be related to each other by uterine blood.
Here "ancestor" refers to father and "ancestress" refer to the mother
Q: Will our marriage be legally approved under Special Marriage Act?
A: Here, you are trying to marry your maternal second cousin
which forms the third degree or generation of relation and also note that our law is liberal when it comes to customs and hence you can legally marry your maternal second cousin. Before taking your final decision, you need to speak to the elders of your family to get their approval and unite the families. In the later stage, do inform your doctor that your spouse is your maternal second cousin so as to avoid any complications