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Is marriage to first cousin legal?
Santosh Sivan asks,
Is marriage to a first cousin illegal according to Indian law? Is there any option for it to be legal? My cousin's mom is my father's stepsister. In that case, is she my first cousin?
Dear Santosh Sivan,
According to your given information, it is presumed that both of you are professing Hindu religion. You will be governed under the Hindu marriage Act 1955, as per section 5 (iv), which states that marriage can be solemnized if the parties are not within the degrees of a prohibited relationship. It is very important condition for a Hindu marriage. You may consult a lawyer for further compliances and legalities. Hope this should suffice your query in brief.
Divorce issue
Raj asks,
I have been married for 6 years and am staying in the USA. My marriage was registered in Andhra Pradesh. At the time of my marriage I had promised to support my wife for her further studies in the USA. After marriage however, I lost my job. I struggled for one year to get back my legal status but kept my promise. I wanted to have children, but she refused, as she felt she could not handle studies and family together. I even tried to convince her parents, but it fell on deaf ears. She got pregnant but went for an abortion via birth control pills. I want to file for a divorce, but she refuses to divorce me. I want to know if I get a divorce in the USA, will it be recognised in India. How long will it take in India to get a divorce?
Dear Raj,
The decree or order obtained from a foreign court cannot be considered a valid divorce in India. With regards to your query, presuming you are both still Indian nationals, you will need to file the papers in the appropriate jurisdiction at the place where both of you were married or where either of you have permanent place of residence in India. You will have to initiate the legal process to the matrimonial forum only in India under the governance of Indian laws. Please note that any divorce proceedings filed outside India or any order taken in connection therewith will have to be tested before the Indian forum for its applicability and validity, and is not totally recognized by the Indian Courts. Hence you will have to approach the appropriate Indian forum for an appropriate legal recourse. Recognition of a foreign decree would depend on certain conditions as governed in India depending upon the bilateral treaties with India on the legalities of the matrimonial disputes and its appropriate legislations and also mentioned as per section 13 of Civil Procedure Code. Only in the above mentioned circumstances, the foreign judgment can be considered and for the said consideration, it would be necessary to make an appropriate application to the Indian forum for establishing the foreign courts validity and enforceability. There is no fixed period for getting the final divorce order, it may depend upon the amount of litigation involved in the court unless if applied by consent proceedings, which would be take around six months. Hope this suffices your query in brief.
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