Karewa marriage
Ramphal Mor
(Querist) 19 March 2012
This query is : Resolved
Whether after coming Hindu Marriage Act 1955, Karewa Marriage by a widow can be solemnized with a married brother of deceased husband in Haryana under custom or any other law.
Adv.R.P.Chugh
(Expert) 19 March 2012
Though marriage with brother's wife is not allowed as a matter of general rule being hit by S.2(f) read with S.5 of the Hindu Marriage Act, 1955, and the same is void, however if the custom of the community by which the parties are governed allows such marriage, the same is valid.
Among Jat & some other tribes of Haryana/Punjab - this custom has been recognised over the years where the Brother marries his brother's widow, in a highly informal process, by Chaadar-Andaazi or plain cohabitation (Karewa).
This is a valid marriage even inspite of absence of saptapadi etc.
ajay sethi
(Expert) 19 March 2012
in the general customary law in Punjab as applicable to the predominently agricultural tribes, the 'Karewa' marriage with the brother or some male relative of the deceased husband requires no religious ceremonies and confers all the rights of a valid marriage
The marriage with a stranger has to be performed in accordance with the customary rights or ceremonies as prescribed by law.
in kanwal ram v/s himachal administarion AIR 1966 SC 614 suprem court has held that a marriage is not proved unless the essential ceremonies required for its solemnisation are proved to have been performed. The evidence of the witness called to prove the marriage ceremonies, showed that the essential ceremonies had not been performed."
you will have to prove such marriage has taken place . it is valid
Raj Kumar Makkad
(Expert) 19 March 2012
SUPREME COURT OF INDIA
Hindu Law - Custom - Court can take judicial notice of customs in terms of S.57 of Evidence Act - Custom when repeatedly recognized by courts, the same need not be proved. (Evidence Act, 1872, S.57).
Hindu Law - Custom - It is one of the three sources of Hindu Law - Custom may override a statute subject, of course, to a clear proof of usage.
Hindu Law - Custom - Hindu Law recognises three types of customs viz. (1) Local custom (2) class custom and (3) family custom.
Hindu Law - Custom - Karewa marriage - Amongst the Sikh Jats of Punjab province, there exists a custom, where the widow marries her first husband's brother in the Karewa form - Remarriage would not cause forfeiture of her own share.
Hindu Law - Custom - Customary Law prevailing in the State of Punjab has received a statutory sanction by reason of the Punjab Laws Act, 1872.
Supreme Court of India
Mangal Singh & Ors vs Shrimati Rattno & Anr on 6 April, 1967
Equivalent citations: 1967 AIR 1786, 1967 SCR (3) 454
Ghanshyam Prasad
(Expert) 20 March 2012
Karewa marriage is permissible,but not with married brother having living wife.It is void in view of sec4/5H.M.Act.
Deepak Nair
(Expert) 20 March 2012
Dear Mr.Ajay and Mr.Rajkumar, what will be the situation if the brother of the deceased has a living wife?
ajay sethi
(Expert) 20 March 2012
if he ahs a living wife then said marriage would be illegal .
Deepak Nair
(Expert) 30 March 2012
Thanks for the reply
