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Divorce Lawyers arrow Divorce News arrow NRI Divorce arrow Lovers can marry despite traditional curbs: Court
Lovers can marry despite traditional curbs: Court PDF Print E-mail
In an observation that may bring cheer to lovers, a Delhi court today said that the age-old Hindu tradition, prohibiting marriage between two individuals of the same ''gotra' (ancestral lineage), does not hold good in modern times and the statue does not bar such a relationship.

"It is evident that the law does not prohibit a 'swagotra' marriage and hence there is no reason why two individuals who are in love and are not within the prohibited degree of relationship...Cannot be allowed to marry and live happily as man and wife," Additional Sessions Judge Kamini Lau said.

The tradition denouncing such marriages was instituted for the purposes of invocation and rituals and later extended to marriage only on account of genetic reasons for "maintaining hybrid vigour," the court said.

"The Hindu Marriage Act which abrogates and modifies all the past laws and has made marriage now strictly adult and monogamous; has done away with the caste and gotra restriction," the court observed.

The court's clarification of the legal propositions with regard to social opposition to 'swagotra' marriages came while deciding an anticipatory bail application of a youth who had been accused of kidnapping and marrying a girl, belonging to the same 'gotra'.

According to the Hindu tradition, a boy and a girl of the same 'gotra' (ancestral lineage) cannot marry as such relationship is termed as 'incest'.

"It is time that certain misconception about swagotra marriage are cleared and there is need to educate people in view of thoughtless opposition to such marriages and ruthless aftermath which follows in the form of honour killing or social ostracisation," the court said.

Source: My News In

 
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