According to the Hindu marriage Act , 1955 There are some relations which fall into the category of ‘degrees of prohibited relationship’.
One of the relationship in this is Children of Brother and sister.
Since, the client wants to marry daughter of cousin maternal uncle, this relationship will be valid under Hindu marriage act,1955.
There are other conditions mentioned in section 5-7 of the Hindu marriage act for the marriage to be valid.
The five important conditions of a valid Hindu marriage are
1.Neither party should have a spouce living at the time of the marriage.
2.Neither party should be suffering from unsoundness of mind, mental disorder or insanity.
3.The bridegroom should have completed the age of 21 and the bride ate age of 18.
4.The parties to the marriage should not be within the dergees of prohibited relationship mentioned in the act.
5.The parties of the marriage should not be sapindas of each other.
If the above conditions are violated, the marriage is void.
Section 11 of the act deals with void marriages.
Section 11 lays down , if any marriage is solemnised after the act has come into force , in contravention to three of the six conditions , such a marriage would be null and void, and maybe so declared by a decree of nullity passed by a court on a petition.
The non fulfillment of the three conditions renders marriage void ab initio i.e. null and void from its very inception .
Sapinda relationships are prohibited under hindu marriage law. A sapinda is someone who is:
within or has a common ancestor relative within three generations above you on your motherÕs side of the family
within or has a common ancestor relative within five generations above you on your fatherÕs side of the family.
A sapinda can be someone from your fatherÕs side or motherÕs side hence, you are not eligible for a hindu marriage if you marry someone who is a Sapinda.
Reference: The case of Hindu marriage is governed by Hindu marriage act, 1955.
In the act, there are some relations which come under ‘degrees of prohobited relationship’
Two persons are sid to be on degree of prohibited relationship :
1.If one is a the lineal ascendant of the other.
2.If one is the wife or husband of lineal ascendant or descedant of other.
3. If one is the wife pf the brother or of the father’s or mother’s brother, or of grandfather’s or grandmother’s brother of the other.
4.If the two are brother and sister , uncle and niece, aunt and nephew, or children of brother and sister, or of two brothers or of two sisters.