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Can I marry my first cousin?
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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...
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Marrying a Pakistani fiancé
Amit asks,
I wish to get married to my fiancé who is a Pakistani in a third country, say something like Canada. I am an Indian citizen. After marriage what steps do I need to take in order to get my "then wife" to India? Can I get her to India on the basis of a marriage certificate and then apply for her immigration? Or do I still need a visa to be done?
Dear Amit,
You can definitely get married to your proposed spouse under the governance of Indian Legislation by complying to the required formalities and procedures under the Indian Foreign Marriage Act 1969 outside India. You will have to approach the Indian consulate and apply before the concerned marriage officer at the country outside India. You may then make necessary applications before the Indian authorities pertaining to required visas and permits of your spouse for her stay in India, and also as regards the Indian immigration and necessary required permits for her stay in India, only after getting legally married. You will have to make the necessary applications before the Indian consulate and systematically comply with the required procedure as per law.
Abusive relationship
Tin asks,
My husband and me are married for 3 1/2 years now. We have an 8 month old daughter. We were married in Muscat (both of us are Indian Christians). I would like to file for divorce since he is abusive and does not care for the baby and me. I also know that he might not give me a divorce since he got married only for the status it brings to him. What can I do?
Dear Tin,
Presumably that you both are Indian nationals, you have an option of filing a petition invoking the grounds of mental cruelty as caused to you by your husband. You may file your papers before the family forum at the place where you or your husband are having permanent place of residence in India. You need to consult a divorce lawyer immediately for required further compliances pertaining to your case.
Registering a marriage
Sivaji S asks,
I got married two months back in Arya Samaj and got a marriage certificate issued by Arya Samaj . I haven't yet registered my marriage in the sub register office. I am currently in Melbourne and my wife is in India. She needs to get a marriage certificate from the sub registrar for applying for a Dependant visa. Please advice on what can be done for her to get a marriage certificate from the registrar and should I be physically present in India for getting the certificate?
Dear Sivaji,
Both of you will have to remain present before the marriage registrar for appropriate registration compliances. Both your presence before the marriage registrar is mandatory as per law along with the necessary documents, i.e marriage photographs, Arya Samaj Marriage Registration certificate and along with three witnesses with their proof of residence details. The Marriage Registration is a systematic and very serious legal process as per law.
Prohibited marriage
Prem asks,
I am from a Hindu family residing in India. I am planning to marry my first cousin from my father's side. I read about the prohibition as per the Indian Laws. What are the possible legal actions, if the parents do not agree? Can I expect any other action from anyone if our parents agree? Please elaborate.
Dear Prem,
If you get married to your first cousin, then the said marriage shall be considered as a void marriage in the eyes of law, whether your parents agree or disagree for the said marriage. One of the conditions for a valid Hindu marriage is that the parties should not be within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two.
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