The three laws, in short
- Hindu Marriage Act 1955 (Hindus, Sikhs, Jains and Buddhists): bans marriage within the "degrees of prohibited relationship" (Section 3(g)) and between sapindas (Section 3(f)): relatives within five generations through the father or three through the mother. Both bans can be lifted by an established custom governing both families. The sapinda rules, explained.
- Muslim personal law: follows the Quran's list of relatives a person may not marry (4:23), plus foster (milk) relationships. Cousins are permitted; nieces and nephews are not. Cousin marriage in Islam.
- Special Marriage Act 1954 (civil and inter-faith marriages): has its own list in the First Schedule, which includes first cousins and uncle–niece. An exception applies only for a custom recognised by a state government notification.
Legal is one question. Genetics is another.
Whatever the law allows, related couples are more likely to carry the same hidden condition, like thalassaemia. For first cousins, the chance of a serious birth defect goes from about 3% to about 6%; for uncle–niece couples it's higher. A thalassemia test for both partners and a carrier screen answer it for your couple. Cross-cousin and uncle–niece marriage.
General information, not legal advice. Courts read these rules strictly and expect any custom to be proven. For your situation, speak to a family lawyer.
Relationship questions.
What are the degrees of prohibited relationship?
Under Section 3(g) of the Hindu Marriage Act 1955, they include direct ancestors and descendants and their spouses, the wife of a brother or of a father's, mother's or grandparent's brother, brother and sister, uncle and niece, aunt and nephew, and the children of a brother and sister or of two brothers or two sisters (first cousins). Relationships by half blood and by adoption count too.
Can first cousins marry in India?
Under the Hindu Marriage Act, only if an established custom governing both families permits it, as with cross-cousin marriage in parts of South India. Muslim personal law permits first-cousin marriage. The Special Marriage Act prohibits it unless a custom recognised by a state government notification applies.
Who is a sapinda?
Under Section 3(f) of the Hindu Marriage Act, sapinda relationship extends three generations up through the mother and five through the father, counting the person as the first. Two people are sapindas if one is the other's ancestor within those limits, or if they share an ancestor within the limits for both.
What happens if a prohibited marriage takes place?
A Hindu marriage within the prohibited degrees or between sapindas, without a valid custom, is void under Section 11, and Section 18 provides for simple imprisonment of up to one month, a fine of up to one thousand rupees, or both.
Do these rules apply to Christians and Parsis?
No. Christian and Parsi marriages in India follow their own laws, each with its own list of relatives who cannot marry. This checker covers Hindu (including Sikh, Jain and Buddhist) law, Muslim personal law and the Special Marriage Act.