Generally, such marriages are not prevalent in India, but this custom is in vogue among some communities of the southern part of the country. As this custom is in vogue, there will not be any problem from the legal angle. From the medical point of view, both of you have O+ve blood group.
No you cannot since you two come within prohibited degree of relationship. However, this can be overcome if the custom or usage governing your family and the family of your father's sister permit this kind of a Marriage.
No, being barred by law being spinda relation.
Advocate Sunil Kumar Bakshi
As per Hindu law marriage in near blood relation is prohibited due to many scientific and biological reason and as such law prohibiting such marriages has been made. So far as marriage is concerned if both of your family members are agreed you may go ahead with the marriage.
By most customs where the patriarchal system is followed, this kind of marriage is not allowed and is considered as forbidden relationship as they are akin to brother-sister relation.
Types of First Cousins
Someone is your patrilateral cousin if you are first cousins through your father (and your father's brother or sister); someone is your matrilateral cousin if you are first cousins through your mother (and your mother's brother or sister).
Under The Hindu Marriage Act, marriage between cousins are not allowed and also it does not allow sapinda" marriage and since you both are sapinda to each other, your marriage is not permitted under Hindu Marriage Act.
As the relation you are mentioning is within the prohibited degree of relationship for marriage, you cannot marry her as you both are sapindas of each other. However, I must add that if the customs allow for such marriage then the same can override the prohibition mentioned as per Hindu law.
Laws governing the marriage of first cousins vary widely. In 24 states (pink), such marriages are illegal. In 19 states (green), first cousins are permitted to wed. Seven states (peach) allow first-cousin marriage but with conditions.
Marriage between a brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two sisters is not allowed under Section 5 of the Hindu Marriage Act.
In general, as long as you have no blood relationship with your step-sibling, no law prevents you from marrying them. This article will explore the legal implications of marrying your step-sibling and some frequently asked questions about the topic.
So the marriage cannot be given a legal recognition. you may marry her as you are beyond the Spinda relationship as she is the forth generation from your mother, as mother, mother's sister, her daughter and her daughter as per Hindu Law or as per Special marriage act.
No. As your case fall in the category of Sapinda Relationship and in Sapinda relationship you cannot marry upto 5 generations from the side of your father and 3 generations fro m your mother.
In plain words, a person can not marry up to his second cousin from the mother's side and up to his fourth cousin from the side of the father. It is also necessary the parties should not be sapindas of each other from either side.
the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two; Degrees of Prohibited relationship” under Special Marriage Act. Explanation.
You can marry her only in case there's a custom in your community w.r.t. marrying first cousins, and otherwise not. Marriage with someone failing within sapinda relationship is prohibitted. So you can marry her anyway but it won't be recognised under the eye of law.
The short answer to the headline question is yes, you can marry your second cousin in Australia. Some people may be surprised that you can marry your first cousin! In fact, it may shock many people that in Australia there are quite a number of your relatives whom it is legal for you to marry.
In short, yes, it is legal for second and third cousins to marry in the US.
Are Fifth Cousins Blood-Related? Fifth cousins are related, but there is a chance they do not share DNA. In fact, there is only a 10-15% chance of sharing genetics with any fifth cousin. Even if you and our fifth cousin are related by blood, the DNA shared will be small, especially when compared to closer cousins.
As per the Hindu Marriage Act, your marriage would fall under the prohibited degree of relationship, and you're marriage with her would be null and void.
If you wanted to marry your stepbrother or stepsister, there is nothing in U.S. law that says you cannot do it. There is no U.S. law that makes it illegal for stepsiblings to become lawful husbands and wives.
Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage outside the clan) is forbidden.
In the United States, second cousins are legally allowed to marry in every state. However, marriage between first cousins is legal in only about half of the American states.
First cousins have an inbreeding coefficient of 0.0625. Anything at or above 0.0156, the coefficient for second cousins, is considered consanguineous; that includes relationships between people and their nephews and nieces.
First-cousin marriage is allowed in Japan , though the incidence has declined in recent years.