As far as I know u cant do it....Facing same problm...consult a lawyer...
I'm copying frm Hindu Law for Marriage in India.............
The Prohibited Degrees in Marriage
A. Special Marriage Act 1872
The concept of “prohibited degrees in marriage” is recognized by all systems of
family law and generally every family law has its own list of relatives with whom
one cannot marry. The Special Marriage Act 1872 did not contain any such list
and only laid down that:
“The parties must not be related to each other in any degree of
consanguinity or affinity which would, according to any law to
which either of them is subject, render a marriage between them
Thus, in respect to prohibited degrees in marriage in an intended civil marriage to
be regulated by the Special Marriage Act 1872 personal laws of the parties,
common or different, remained in force.
B. Special Marriage Act 1954
The new Special Marriage Act 1954 wholly changes the situation in respect of
prohibited degrees in marriage. One of the conditions for an intended civil
marriage to be solemnized under this Act is that “the parties are not within the
degrees of prohibited relationship” [Section 4 (d)]. The expression “degrees of
prohibited relationship” is defined in Section 2 (b) of the Act as “a man and any of
the persons mentioned in Part I of the First Schedule and a woman and any of the
persons mentioned in Part II of the said Schedule.” Thus, unlike the first Special
Marriage Act 1872 this Act incorporates its own list of prohibited degrees in
marriage, separate for men and women.
In each of the two lists of prohibited degrees there are 37 entries. The
relations mentioned in the first 33 entries in each list are regarded as prohibited
degrees in marriage under all other laws, both codified and uncodified. These
entries, therefore, do not inhibit any person of whatever religion from opting for a
civil marriage. The last four entries in the two lists mentioned below, however,
pose a problem for certain communities:
(a) List I (for men)
34. Father’s brother’s son
35. Father’s sister’s son
36. Mother’s sister’s son
37. Mother’s brother’s son
(b) List II (for women)
34. Father’s brother’s daughter
35. Father’s sister’s daughter
36. Mother’s sister’s daughter
37. Mother’s brother’s daughter
Thus all first cousins – paternal and maternal, parallel and cross – are
placed by the Special Marriage Act in the category of prohibited marital
The Special Marriage Act 1954 makes a provision for relaxation of the rule
of prohibited degrees in marriage. To the condition that parties to an intended civil
marriage must not be within prohibited degrees of marriage the Act adds the
“Provided that where a custom governing at least one of the parties
permits a marriage between them, such marriage may be solemnized
notwithstanding that they are within the degrees of prohibited
relationship.” [clause (d) of Section 4]
The word “custom” as used in this Proviso is defined by the Act in the
“In this section ‘custom’ in relation to a person belonging to any tribe
community, group or family, means any rule which the State
Government may, by notification in the Official Gazette, specify in
this behalf as applicable to members of that tribe, community, group
or family.” [Explanation to Section 4].
The position of first cousins under the Special Marriage Act 1954 is in
accord with the Hindu Marriage Act 1955 which also does not allow marriage
with any first cousin. Relaxation of the net of prohibited degrees on the ground of
custom is also permissible under that Act, but it does not require a gazette
notification by the State Government in this regard.
In Muslim law all first cousins both on the paternal and maternal sides are
outside the ambit of prohibited degrees in marriage. Personal law of the Jewish
and Bahai communities also permit marriage with a cousin. Under Christian law
marriage with a cousin may be permitted by a special dispensation by the Church.
It is doubtful if the expression “custom” as defined in the Special Marriage Act
would include also personal law of the parties. And even if it does, the condition
of recognition by the State Government through a gazette notification would have
to be satisfied.
Another important point worth noting here is that under the Hindu Marriage
Act 1955 marriage with second cousins (father’s first cousin’s children) is also not
allowed due to the restriction known as “sapinda” relationship [Section 5(v)]. The
Special Marriage Act 1954, however, does not place any second cousin in its two
lists of prohibited degrees in marriage.
The consequence of these legal provisions is that if a Hindu, Sikh, Buddhist
or Jain wants to marry a second cousin he can do so under the Special Marriage
Act, though his personal law (now contained in the Hindu Marriage Act 1955)
does not permit it. On the contrary, if a Muslim wants to marry a first cousin he
cannot do so under the Special Marriage Act 1954 although the Muslim personal
law unconditionally permits such a marriage. Members of all those other
communities whose law allows, or may allow, marriage with a first cousin are also
in the same position as the Muslims. The discrimination between various Indian
communities inherent in this legal situation is too clear to be ignored.
Plz consult & post what u've found...