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Does Hindu Law Permit Marrying Cousins?

Siddhartha Shah Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System. Have a question? Click here...

Cross Culture Marriage

Ameet asks,
My brother is Hindu and he wants to marry a girl from Thailand who is a Buddhist and they will stay in England after marriage. Does any one of them need to convert themselves to get married in India?
Dear Ameet,

As regards your query, your brother can definitely get married in India as per Hindu Vedic rites or he may get married as per Special Marriage act 1954 by following the appropriate compliances as required by law. As per your query pertaining to conversion, which is not required for getting married in this present case as per the facts narrated. You may consult an expert matrimonial lawyer for further clarification if any.

Hope this should suffice your query in brief.

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Getting Divorced Nullified

Geetha asks,
My sister married on 29.5.98 as per Hindu marriage Act and got marriage dissolved by mutual consent on 22.4.06. [Petition u/s13 (b)] She has a 9 yrs old son. How can they get the divorce nullified? Can they register in the marriage office and get their marriage registered?
Dear Geetha,

It seems that your sister has already got a court decree and order of divorce by mutual consent, now it seems as per your details as mentioned by you this order is valid and binding order of divorce. You may consult an expert divorce lawyer along with your court orders, papers and proceedings for further clarifications if any. I fail to understand what further clarifications you intend to seek. You may clearly specify your query enabling us to respond to you positively.

Hope this should suffice your query in brief.

Laws In Hindu Marriages

Preeti asks,
I am a Sikh girl and I want to marry a Sikh boy who is my second cousin from my father's side. He is my father's first cousin brother's son. I really need guidance about how to go about this issue as I am told that the Hindu marriage law prohibits the marriage of cousins. Please help.
Dear Preeti,

Firstly one has to fulfil certain statutory conditions required for getting married legally as per Hindu marriage Act 1955, Section 5 of the Hindu Marriage Act 1955 which clarifies about the valid conditions for getting married as per Hindu Marriage Act 1955 as per Indian law, wherein one of the condition which reads as "the parties should not be within the degrees of prohibited relationship, unless the custom or usage governing each of them permits the marriage between the two". Now as per your query your proposed arrangement will have to be tested in compliance of the statutory law by knowing the actual family arrangements for any prohibitions if any. You may further consult an expert Matrimonial Lawyer for further clarifications.

Hope this should suffice your query in brief.
 

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