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Divorce Lawyers arrow Divorce News arrow NRI Divorce arrow Marriages within same 'gotra' legal, says court
Marriages within same 'gotra' legal, says court PDF Print E-mail
 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 .

The father of the girl who first alleged his daughter had been kidnapped, later opposed the marriage before the court claiming that 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 concluded and refused to allow the cops to arrest Narender, a resident of Sangam Vihar in south Delhi, who married his lover from the same gotra . 'Allowing Narender's bail plea, Lau directed the police not to arrest him over a police complaint filed by his wife's family.

Narender had eloped with his neighbour after falling in love with her and married her following stiff opposition to their relationship being swagotra . Later, the girl's parents lodged an FIR with Sangam Vihar police station accusing Narender of inducing and kidnapping their daughter.

Sources: The Times Of India

 

 
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