Response

It depends upon your religion whether or not you can marry your cousin brother’s daughter. If you are a Hindu, then you cannot marry her since you this would be a Sapinda relationship which are prohibited by Section 3 of Hindu Marriage Act, 1955.

A sapinda is someone who is: within or has a common ancestor relative within three generations above you on your mother’s side of the family within or has a common ancestor relative within five generations above you on your father’s side of the family. Section 18 (b) of the act, marrying someone with whom you have a Sapinda relationship is a punishable offense which has an imprisonment up to one month or a fine up to INR 1000 or both.

However, if you are a Muslim, you can marry your cousin brother’s daughter since you are not her Mahram. a mahram is a member of one’s family with whom marriage would be considered haram (illegal). This is considered a highly prestigious form of marriage in Islam and it is allowed for one to marry one’s cousin’s daughter under Muslim Personal Law (Shariat) Application Act, 1937. As you are not her father’s sibling, you are allowed to marry her.

Reference: Section 3 and 18 (b) of Hindu Marriage Act, 1955, and Muslim Personal Law (Shariat) Application Act, 1937

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