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(Guest)

MARRIAGE WITHIN SAME GOTHRA AND SURNAME

Enter your query here... SIR, HAPPY NEW YEAR TO U ALL I M OF 27 yrs in love with a girl, a distant relative of mine of 26yrs She is an Daughter of Naeswara Rao, who is own brother of My Father's Own elder sister's Husband In this way, she is "Sister in law" to me After travelling some distance in our like, we came to know about a shocking news that : My father got adopted in his child hood to another family whose "surname and Gothram" are similar to those of the Girl AS PER SSC CERTIFICATE : My surname: BANDARU GIRL'S SURNAME: BHNADARU OUR GOTHRAMS: PARASARA Soon, we brought this issue to our parents, who are actually intrested in our pair but against the similarity in " Surname and Gothram" We are shocked, now and not understanding what to do ????? Please help us in finding an solution does Arya samaj helps us in this issue ??? is there any other organisation to help us to get married ?? does the certificate issued to us either by arya samaj or the sub registrar, will hold good for our future higher studies in abroad ????? please help us in finding the solutions for all these Q's and give us a new life as soon as possible thanking you -with regards : Dr.Gurunadh



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 17 Replies

Avnish Kaur (Consultant)     08 January 2011

JUST MARRY HER , no problems :)

Suchitra. S (Advocate)     09 January 2011

Sir, I know it is said in the Hindu Marriage Act that persons of same "Gotra" cannot marry each other. I can give you a solution for this but I do not know how you resolve the issues relating to succession of property though it can solve your problem in marrying. Let some of your relative with other "gotra" adopt her first so that she belongs to other family and " gotra". Then you can marry her without hassle...  :)

Avnish Kaur (Consultant)     09 January 2011

suchitra ji will u please specify which section of HMA bans marriage of same gotra boy and girl?

 

https://timesofindia.indiatimes.com/india/SC-refuses-PIL-seeking-ban-on-same-gotra-marriage/articleshow/6045727.cms


SC refuses PIL seeking ban on same-gotra marriage

 
 
 
NEW DELHI: The Supreme Court on Monday refused to entertain a PIL seeking an amendment in the Hindu marriage Act to ban marriages within the same gotra (sub caste).

The apex court asked the petitioner to approach the Punjab and Haryana High Court for the same.

Demanding amendment in the Hindu Marriage Act to prevent weddings within the same 'gotra' (sub caste), a delegation of Khap panchayats had met Haryana CM Bhupinder Singh Hooda and submitted a memorandum in this regard at Chandigarh on June 10.

"Hooda maintained that in his personal capacity he felt marriages within same 'gotra' are not appropriate. But we did not get a categorical response on our demand that he should vigorously pursue the matter so that the Hindu Marriages Act is amended," Mewa Singh, who led the 12-member delegation of Sarv Jatiya Sarv Khap Mahapanchayat, told reporters after the meeting at the chief minister's residence.

Though Hooda gave a patient hearing to our demands, we were not completely satisfied, he said.

He said the self-styled community council delegation has demanded the chief minister to call an all-party meeting over the issue.

"We will be meeting leaders of other parties as well on the issue. On August 1, we will be having a 'mahapanchayat' at Meham in which Khaps from across the country will take part," he said.

The INLD, the main opposition in Haryana, has come out openly in support of the amendment in the Hindu Marriage Act and even asked the ruling Congress to convene a special session of the state assembly over the issue, a demand which the Khaps have been raking time and again in the recent past.

Toeing the line of caste councils which have been demanding a ban on wedlocks within the same clan, last week Hooda had said he was also against marriages within the same 'gotra'.

"Not allowing marriages in the same gotra is part of our customs. It is not limited to any particular caste," he had said.

Hooda's young party colleague and MP from Kurukshetra Navin Jindal had attended a Khap congregation at Kaithal last month and promised to take up their demand for amending the Hindu Marriage Act with the party high command.


Read more: SC refuses PIL seeking ban on same-gotra marriage - The Times of India https://timesofindia.indiatimes.com/india/SC-refuses-PIL-seeking-ban-on-same-gotra-marriage/articleshow/6045727.cms#ixzz1AVQmLv1I

Suchitra. S (Advocate)     09 January 2011

 

Section  5 of HMA :Conditions for a Hindu marriage. 
      5.   A marriage may be solemnized between any two hindus, if  the  following conditions are fulfilled, namely:- 
           (i)  neither  party has a spouse living at the time  of  the 
          marriage 
          1[(ii)at the time of the marriage, neither party- 
                (a)is  incapable  of giving a valid consent  to  it  in 
               consequence of unsoundness of mind; or 
                (b)though  capable of giving a valid consent, has  been 
               suffering from mental disorder of such a kind or to such 
               an   extent  as  to  be  unfit  for  marriage  and   the 
               procreation of children; or 
                (c)has been subject to recurrent attacks of insanity or 
               epilepsy;] 
           (iii)     the bridegroom has completed the age of  2[twenty- 
          one years] and the bride the age of 2[eighteen years] at  the 
          time of the marriage; 
           (iv.)     the   parties  are  not  within  the  degrees   of 
          prohibited relationship unless the custom or usage  governing 
          each of them permits of a marriage between the two; 
           (v)  the parties are not sapindas of each other, unless  the 
          custom or usage governing each of them permits of a  marriage 
          between the two
Here, "sapindas" mean : Two persons are said to be "sapindas" of ach other if one is a lineal ascendant of the other within the sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference of each of them. 
Having common descendant also mean they are of same "gotra" as they will be descendants of common ancestors.

Avnish Kaur (Consultant)     09 January 2011

with reference to facts of this case how they are sapindas?
 

Suchitra. S (Advocate)     09 January 2011

Avnish ji, by the facts, he was worried about the same "gotra" and hence, they cannot marry. If they are not, there is no cause to worry. If they are of same "gotra", then they are sapindas too..  :)

Avnish Kaur (Consultant)     09 January 2011

no , same gotra does not mean prohibited sapinda relation.  upto 5 th order linear desndant on father side and 3 rd order on maternal side is prohibited sapinda relation. in this case there is no blood connection. so there is nothing to worry and this will be a fully legal marriage. as per hma marrying within same gotra is not illegal.

at present we are approx 40 th generation descendant of gotra gurus.

 

hma reads as

Sec 3 of HMA

 (f) (i) "sapinda relationship" with reference to any     person extends as far as the third generation   (inclusive) in the line of ascent through the mother,        and the fifth (inclusive) in the line of ascent through   the father, the line being traced upwards in each case from the person concerned, who is to be       counted as the first generation;

(ii)   Two persons are said to be "sapindas" of each other   if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a     common lineal ascendant who is within the limits of    sapinda relationship with reference to each of them;

(g) "degrees of prohibited relationship"-two persons   are said to be within the "degrees of prohibited     relationship"

(i)    If one is a lineal ascendant of the other; or

(ii)   If one was the wife or husband of a lineal ascendant   or descendant of the other ; or

(iii) If one was the wife of the brother or of the father's    or mother's brother or of the grandfather's or grandmother's brother of the other; or

(iv) 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 ;

Explanation.-For the purposes of clauses (f) and (g),   relationship includes-

(i)    relationship by half or uterine blood as well as by full   blood;

(ii)   illegitimate blood relationship as well as legitimate; (iii) relationship by adoption as well as by blood ; and all   terms of relationship in those clauses shall be   construed accordingly.

 (iv) The parties are not within the degrees of prohibited    relationship unless the custom or usage governing each of them permits of a marriage between the    two;

Sec 5 (v) of HMA - The parties are not sapindas of each other, unless        the custom or usage governing each of them permits of a marriage between the two.

 

phaneendra (Advocate)     09 January 2011

i thnk adoption is not possible here age of bride as mentioned in tha above case is 26 yrs and i think it comes under limitation for adoption and no one can adopt her at that age , and also legall problems may occur in succession of property  as suchitra ji mentioned above ......
 

Avnish Kaur (Consultant)     09 January 2011

why making unnecessary fuss , as in this case there is no legal bar to a legal marriage.

Kshiteej Anokar (Advocate)     09 January 2011

now the discussion must come to an amicable end !

phaneendra (Advocate)     10 January 2011

sorry i was not trying to creat FUSS as said by suchitra ji  if any one adopt her they can go for marriage so upto my knowlwdge adoption may not be possible at that stage  so  i aws jus trying to interpret that only ..

any ways as above sir said now the discussion must come to an amicable end .

Mallik Karra (Done with AIBE)     10 January 2011

Madhavrao Raghavendra And Ors. vs Raghavendrarao And Ors. on 31 July, 1945... please refer tp the judgement... no bar to same gotra marriages.... and you are not sapindas... you can get married.

Nagoba Ganapathi (Officer)     10 January 2011

Dear sarmaji, If ur elders do not object go ahead of the marriage. But u see that you do registered marriage at registar office and obtain the marriage certificate. In register office u have to mention only what religion u belongs to. further for ur higher study iin other country thy are not concerned about ur Gothram/surname ect. only ur qulification alone will speak. Go ahead with elders blessing. one main thing cosult DOCTOR REGARDING THE BLOOD GROUP to avoid unwanted talk.

nabin gautam (student)     29 March 2012

my name is nabin gautam from nepal.i belong to brahman and atri gotra.i love a girl but later on found to be of same gotra but different surname.now i cant leave her.but i dont know how? is this gotra that important.if so,then why can rai limbus can marry their own relatives of same surname and gotras?is gotras for brahman only


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