Second Cousin Once Removed: Legal to marry in HMA?
Hi Sir,
Here is my Query:
Groom is related to bride in the following way:
COMMON ANCESTOR
/\
/ \
/ \
S S
| |
| |
S S
| |
| |
D *BRIDE
|
|
*GROOM
S: SON
D: DAUGHTER
Does Hindu Marriage Act permits this marriage because the bride and groom are "second cousins once removed"? If not, can they register their marriage in any other way
(like using Special Marriage Act instead of Hindu marriage Act) to make it legal? Both the people involving the marriage are Buddhist and are willing to marry. I could not find any rule restricting the marriage in Buddhism when googled around. Is there any way for them to get married otherwise? Will there be any legal pressure in future if the marriage is not registered?
My concern is if the bride and groom can legally marry according to HMA or not because according to HMA, as far as I could understand, people with "SAPINDA RELATIONSHIP" upto "second cousin" cannot marry. But in this presented scenario, the two are "second cousin once removed" i.e. one level below the "second cousin" i guess. So can you please help in determining if this relation is also prohibited or not? Thank you very much Sir.
Dear one, Sapind relationship is prohibited under HMA but customs are prevail over the act in some states (South India) of our nation so first of all verify this and then take any action.
Hi Sir,
Yes the customs are there which allow certain sapinda relationships. But I am not confirmed if this relation is allowed by customs. It will be great to go further to marriage if the court allows the marriage legally. Can you please guide if this relation is prohibited or not according to HMA. Since the current relation i.e. "second cousin once removed" comes a generation below than "second cousins" and HMA prohibits upto "second cousin", i am hopeful that it can be allowed in court without the need to involve the customs to validate the marriage. Can you please suggest if this marriage can happen according to HMA without considering the customs? Thank you sir. Eagerly waiting for your reply.
Dear Abhinav,
I am not able to understand the chart provided you.
However, law goes as follows:-
1) Hindu Marriage Act is applicable to Buddhists;
2) Both of you are Sapinda to each other --
(i) if any of you are lineal ascendant to other OR
(ii) if both of you have common lineal ascendant in
following way:
(a) if line of ascent is through mother, common lineal
ascendant is within third generation upward;
(b) if line of ascent is through father, common lineal
ascendant is within fifth generation upward.
3) You can marry each other even if you are sapinda to each other,
if customs or usage governing each of you permit such
marriage (To check if, there was any such custom or usage
regarding this aspect, have look at your family history, if was any
Sapinda marriage and same was not objected or condemned by
the community elders. If yes , you have good proof of custom or
usage, permitting same)
4) No precedent? Don't worry, marry under Special Marriage Act.
Right and obligaton of parties as also provisions regarding
succession, dissolution of marriage, maintenance, guardianship
etc. are almost same under two laws.
CLA --> S --> S --> D --> *GROOM
CLA --> S --> S --> *BRIDE
CLA: Common Lineal Ascendant
S: Son
D: Daughter
Sir,
The formatting is removed when posting the reply. That's why I guess the graph looked so terrible. Now trying the horizontal graph.
--> S --> S --> D --> *GROOM
/
Ancestor -->|
\
--> S --> S --> *BRIDE
Hi Sir,
As the graph states, the bride and groom are not lineal ascendant to other.
For Groom, The line of ascent is through mother and common lineal ascendant is not within third generation upward.
But for Bride, The line of ascent is through father and common lineal ascendant is within fifth generation upward.
Sir my doubt then is,
According to your point 2->(ii),
Looking in Groom's perspective, he is not having a SAPINDA relationship(condition a). But when looking in Bride's perspective, she has the SAPINDA relationship(condition b).
Now, can we say they are SAPINDA to each other?
Can they marry according to HMA if customs are not involved?
If HMA don't permit, then can they go for SMA? and
Will there be any impact on their marriage and children status if they choose SMA?
Still the formatting problem is there sir....
Please consider this graph:
CLA --> S --> S --> D --> *GROOM
CLA --> S --> S --> *BRIDE
CLA: Common Lineal Ascendant
S: Son
D: Daughter
Hi Sir,
As the graph states, the bride and groom are not lineal ascendant to other.
For Groom, The line of ascent is through mother and common lineal ascendant is not within third generation upward.
But for Bride, The line of ascent is through father and common lineal ascendant is within fifth generation upward.
Sir my doubt then is,
According to your point 2->(ii),
Looking in Groom's perspective, he is not having a SAPINDA relationship(condition a). But when looking in Bride's perspective, she has the SAPINDA relationship(condition b).
Now, can we say they are SAPINDA to each other?
Can they marry according to HMA if customs are not involved?
If HMA don't permit, then can they go for SMA? and
Will there be any impact on their marriage and children status if they choose SMA?
Thank you Sir.
There will be no impact on marriage and status of children. Section 21-A of the Special Marriage Act clears the embargo in the matter succession etc. for the persons of Hindu, Buddhist, Sikh and Jain religions.
However, for divorce, nullity, judicial separation, restitution of conjugal rights, alimony and maintenace etc., provisions of Special Marriage Act would apply.
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