Re: Hindu Marriages Act and cousins marrying each other

Posted By Vidhyanath K. Rao (vidynath@math.ohio-state.edu)
23 Jul 1997 15:46:12 GMT

In article <ghenEDowrL.61D@netcom.com>, Illi Billi <ilibili@hotmail.com> wrote:

> Is there any bar on marrying cousins according to the Hindu Marriages
>Act in India? More accurately, a friend of mine and his cousin want to
>marry: she is his mother's brother's daughter and they are both in love,
>and apparently very deeply so. There is some dispute here: while some of
>his friends believe that since they are both Hindu [Bengali Brahmins, if
>needed for clarification], it is not legally possible, as per the Hindu
>Marriage Act, there are some who wonder whether this is true:

The best thing to do would to consult lawyers in India. I remember,
while I was a college student in India, trying to read a book
containing the HMA and case law on it, and finding it beyond my
comprehension.

To address specifically the issue here: The dharmasutras prohibit
marrying those related on the fathers side within 7 generations
and on the mothers side within 3. The HMA, as I remember it,
includes this. What was not clear to me is whether it refers to
lineal descendants only (in which case cross-cousin marriages would
be legal) or not. HMA also carves out exceptions for regional
differences. Much too complicated for armchair theorizing.
Consult a lawyer for legal issues.

-- 
Vidhyanath Rao			It is the man, not the method, that solves
nathrao+@osu.edu		the problem. - Henri Poincare
(614)-366-9341			[as paraphrased by E. T. Bell]

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