Community › Forums › Legal Advice India › Marriage under special marriage act, 1954
- This topic has 9 replies, 5 voices, and was last updated 1 year, 2 months ago by
Superguru8338.
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SSuperguru8338
PARTICIPANT
April 8, 2025 at 4:39 pmHey Everyone!Me and my partner are in a relationship from past two years. We’ve developed a good mutual bond and understanding. And now we want to move in the next phase of our lives i.e. Marriage.
When we asked our parents about this and they’re saying that you people are related and shouldn’t marry each other. But, we are related but not by blood, so both of us thought it was okay to be in a relationship.
Actually, she is grand daughter of my father’s cousin sister (my father don’t have any sisters. Her grandmom is fuferi/mameri sister of my father).
Can we get married under special marriage act, 1954 or not?? Do we come under “degrees of prohibited relationship”?
Any help would be appreciated.
Thnxs.
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DDesibear1296
PARTICIPANT
April 8, 2025 at 4:46 pmNot a lawyerI think you guys should be good to go ahead
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QQuickbro1532
PARTICIPANT
April 8, 2025 at 6:03 pmIt doesn’t fall under sapinda, I am pretty confident about it. 5 generation from Father’s side and 3 from mother’s side.-
SSuperguru8338
OP
April 8, 2025 at 6:17 pmcan we proceed with it or not?-
QQuickbro1532
PARTICIPANT
April 8, 2025 at 6:47 pmYes, go for it. You can apply online, depends on state.
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SSilentknight5594
PARTICIPANT
April 8, 2025 at 7:51 pmUnder the Special Marriage Act, 1954, marriage is not allowed between people who fall within the “degrees of prohibited relationship” unless custom permits it. In your case, since the girl is the granddaughter of your father’s cousin sister (mameri side), this is a relation by affinity, not by blood.The key test is whether such a relationship is considered prohibited by your community’s customary law. In many communities, mameri/fufoori relations are not considered prohibited. If your personal law or custom allows it, then you can legally marry under the Special Marriage Act.
To be completely sure, you can either:
1. Consult the Marriage Officer during the notice stage to see if any objection arises.
2. Get a written declaration or affidavit stating there’s no customary bar to this marriage in your community.Let me know if you’d like help with the affidavit draft or notice procedure.
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SSuperguru8338
OP
April 8, 2025 at 8:04 pmActually, I belong to Hindu Religion.
It shouldn’t be a problem right?-
SSilentknight5594
PARTICIPANT
April 8, 2025 at 8:05 pmNo.-
SSuperguru8338
OP
April 8, 2025 at 8:12 pmwait…is there any problem?
I am confused.
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SSilentrajnish997
PARTICIPANT
April 9, 2025 at 1:53 amDo a genetic test and then go
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