Response

Hindu Marriage Act forbids you from marrying your own Kartha. This includes Brothers and Sisters, Brothers and Sisters with One Common Parent, Brothers and Sisters with at least two common grandparents (First Cousins), Persons having one common Kriyadar (Uncle and Niece – Sisters Daughter etc).

Section 5(4) of The Hindu Marriage Act 1955 states that A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled that 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. As in the hindu tradition, marriage between brothers and sisters (cousins) is prohibited, you cannot marry her.

The position of cousins under the Special Marriage Act 1954 is in accord with the Hindu Marriage Act 1955 which also does not allow marriage with any first cousin. Another important point worth noting here is that under the Hindu Marriage Act 1955 marriage with second cousins (father’s first cousin’s children) is also not allowed due to the restriction known as “sapinda” relationship. Section 3 (f) of HMA ,1955 defines Sapinda relationship.

Since she is not a close relative of yours, you can marry her if your family permitts or else, you can approach the court for court marriage.

Reference: Section 5(4), section 3(f) of The Hindu Marriage Act 1955

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