Marriage under special marriage act, 1954

Community Forums Legal Advice India Marriage under special marriage act, 1954

Viewing 4 reply threads
  • Author
    Posts
    • #18687 Reply
      Superguru8338
      Participant
        S
        Superguru8338
        PARTICIPANT
        April 8, 2025 at 4:39 pm
        Hey 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.

      • #18691 Reply
        Desibear1296
        Participant
          D
          Desibear1296
          PARTICIPANT
          April 8, 2025 at 4:46 pm
          Not a lawyer

          I think you guys should be good to go ahead

        • #18690 Reply
          Quickbro1532
          Participant
            Q
            Quickbro1532
            PARTICIPANT
            April 8, 2025 at 6:03 pm
            It doesn’t fall under sapinda, I am pretty confident about it. 5 generation from Father’s side and 3 from mother’s side.

            • #18693 Reply
              Superguru8338
              Participant
                S
                Superguru8338
                OP
                April 8, 2025 at 6:17 pm
                can we proceed with it or not?

                • #18695 Reply
                  Quickbro1532
                  Participant
                    Q
                    Quickbro1532
                    PARTICIPANT
                    April 8, 2025 at 6:47 pm
                    Yes, go for it. You can apply online, depends on state.

              • #18689 Reply
                Silentknight5594
                Participant
                  S
                  Silentknight5594
                  PARTICIPANT
                  April 8, 2025 at 7:51 pm
                  Under 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.

                  • #18692 Reply
                    Superguru8338
                    Participant
                      S
                      Superguru8338
                      OP
                      April 8, 2025 at 8:04 pm
                      Actually, I belong to Hindu Religion.
                      It shouldn’t be a problem right?

                      • #18694 Reply
                        Silentknight5594
                        Participant
                          S
                          Silentknight5594
                          PARTICIPANT
                          April 8, 2025 at 8:05 pm
                          No.

                          • #18696 Reply
                            Superguru8338
                            Participant
                              S
                              Superguru8338
                              OP
                              April 8, 2025 at 8:12 pm
                              wait…is there any problem?
                              I am confused.

                      • #18688 Reply
                        Silentrajnish997
                        Participant
                          S
                          Silentrajnish997
                          PARTICIPANT
                          April 9, 2025 at 1:53 am
                          Do a genetic test and then go

                      Viewing 4 reply threads
                      Reply To: Reply #18693 in Marriage under special marriage act, 1954
                      Your information:




                      Cancel