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Marriages within same 'gotra' legal, says court | Marriages within same 'gotra' legal, says court |
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A Delhi court on Thursday emphasized that there is no legal prohibition regarding marriages taking place within same gotra (ancestral lineage) and said it is the court's duty to ensure that such couples who marry within the similar gotra are not harassed by their parents or police. "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," ASJ Kamini Lau said while barring the police from arresting a man whose in laws alleged he had abducted their daughter. The tradition denouncing such marriages was instituted for the purposes of invocation, rituals and later extended to marriage only on account of genetic reasons for "maintaining hybrid vigour," the court said, making it clear that such a marriage wasn't any offence. Citing the Hindu Marriage Act, the ASJ said that it "abrogates and modifies all the past laws and has made marriage now strictly adult and monogamous and has done away with the caste and gotra restriction." 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 . Sources: The Times Of India
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| In a verdict that may have far reaching impact over institution of marriage, the Nagpur bench of Bombay high court has dismissed a husband's petition seeking divorce from wife living separately for last 19 years. The court observed that Separation is no ground for gettting divorce. |
Question: I got married to a Indian women & later shifted to USA. I got a divorce from her granted by United States Court. Now in I am back in India and want to marry and Indian citizen. What legal formalities I have to complete in order to get the remarried.