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rama dilip (ceo)     17 May 2011

Surnames are Same

dear sir/madam,

my name is RAMA DILIP age 24 and i loved a girl  her name is RAMA DIVYA age 25  whose surnames& gothras   are same AND she is one year elder then me .

we both are in love from past 7years  but now she is fearing to say marriage proposal in her home because our surnames are same ,and she says that no one will marry with same surnames because ours relation may comes under same family .

if we  approach registsar office are arya samaaj will they accept our marriage application ?

plz suggest me how to geton from this problem .



Learning

 5 Replies

rama dilip (ceo)     17 May 2011

ours religion  is HINDU

 caste      PADHAMASHALI

 surnames are  RAMA

adv. rajeev ( rajoo ) (practicing advocate)     17 May 2011

Same surname is not the problem for the marriage.  

hema (law officer)     17 May 2011

Neither the Hindu Marriage Act nor special marriage Act prohibit the marriage between the parties of same gotra and same surname, but prohibit relationship between the sapindas.  check whether your are related by blood or not.  if not go ahead.  i also congratulate you for your proposal of going to marry a girl, who is one year older than you for the reason that you are breaking the myth prevailing in our society that the girl has to be always younger than boy.  this myth creates a lot of tension among the parents of the girl to marry their daughter as soon as possible and  go to any extent to get son-in-law, even though he is not upto mark and demand dowry.  

1 Like

Navjot Kumar (Lawyer)     18 May 2011

sir sorry to say, as per Hindu marriage act section 5 u can not marry a person, who come under the degrees of prohibited relationshop and sapindas are same, sapindas mean blood relationship are same, gotra are same mean, ur family blood connected to each other, 

hema (law officer)     18 May 2011

if gotras are same, the hindu marriage act and special marriage act has not prohibited the marriage.  The prohibition of marriage is between the sapindas and between within the prohibited relationship.  What is sapinda and what is within prohibited relationship is explained in the Act.  if you will not come under this category, you can go for marriage.   I reproduce it for ready reference.

(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.


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