Hindu marriage act
Querist :
Anonymous
(Querist) 29 October 2017
This query is : Resolved
I have read the highcourt's copy of Hindu marriage act 1950, available as 4.pdf
The section 5 of the act consists of this line two times;
".....unless the custom or usage governing each of them permits of a marriage between the two"
What does it means
Thank-you all for any help😊
Rajendra K Goyal
(Expert) 29 October 2017
No advice from me to an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Ms.Usha Kapoor
(Expert) 30 October 2017
aCCORDING TO SECTION 5 OF hINDUmSARRISAGE aCT I'M LISTING THE RELEVABNT PROVISIONS BELOW:
(iii) the bridegroom has completed the age of twenty one years and the bride the
age of eighteen years at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the
custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between the two;
unless THE BOY AND GIRL'S CUSTOM OR USAGE PERMITS IF THEY ARE WITHIN PROHIBITED RELATIONSHIP i MEAN THEIR RELATIONSHIP IS SUCH THAT BUT FOR THE CUSTOM OR USAGE THEY HAVE SISTER BROTHER RELATIONSHIP OR FATHER DAUGHTER RELATIONSHIP OR UNCLE NIECE RELATIONSHIP SUCH MARRIAGES ARE NULL AND VOID. SAME GOES WITH SAPINDA MARRIAGES OR SAME GOTHRA MARRIAGES AND BUT FOR CUSTOM OR USAGE THE PROPOSED MARRIAGE BETWEEN THE GIRL AND BOY IS PROHIBITED BECAUSE OF SISTER, BROTHER RELATIONSHIP.
Guest
(Expert) 30 October 2017
@Ms. Usha Kapoor,
Very vague reply of Ms. Usha Kapoor, apparently for playing merely a number game, like some other fake experts!
Hope you have not properly read the query of the author. As per his statement, if he has read the High Court Copy of the Act by referring section 5, he must have read section 5 also. As per his query, he has not sought copy and paste of the section, but wanted to know the interpretation of a part of a sentence used in the section for his understanding in an easy language.
Guest
(Expert) 30 October 2017
Another childish post on the part of Mr. Rajendra K Goyal, in a bid to play a number game! If he does not want to give advice to an anonymous querist, where the querist has specially invited him to give any advice?
If Mr. Goyal did not know the interpretation of the sentence of the referred section 5, for what purpose he made a vague and irrelevant post?
Guest
(Expert) 30 October 2017
@Anil Kamboj,
Being related to Delhi Free Legal Advice concern, at least you were not supposed to put any rider for the querist, more particularly, when he just wanted to get clarification about the part of the sub-section of section 5. I wonder, what for the details of the querist is sought just to intimate him the meaning in simple language for his understanding!
Guest
(Expert) 30 October 2017
@ Querist,
Instead of asking for the meaning of a part of sentence of the sub-section, you could have asked the meaning of the sub-section, as a whole, as reading between the line does not give the real sense of the description.
However, for your information, although that sub-section prescribes one of the conditions for Hindu marriage, if not within the degrees of prohibited relationship, but the second part of this clause provides for exception for marriages within those legally prohibited relationships. According to that, even if marriages are prohibited on legal angle, but can be allowed to be made where marriages in those relationships are allowed by local custom, practice, traditions or conventions, like in tribal/Adivasi areas.
Ms.Usha Kapoor
(Expert) 30 October 2017
Mr.Jigyasu,
I gave a detailed explanation to this query. If the relationship between the to be married bride and groom is in the nature of father and daughter or sister and brother or uncle and niece etc unless it is supported by custom or usage it would fall within the mischief of prohibited relationship or sapinda marriage or sagothra marriage and such marriages are prohibited in view of of preventing the birth of deformed babies.Just don't criticize for criticism sake. I've excellent analytical abilities. Read the answers properly before criticising. You also contribute something meaningful to the clients and guide instead of going on criticism spree. You appear to be MCP with a Patriarchal Mind set up.
Ms.Usha Kapoor
(Expert) 30 October 2017
If you appreciate my above answer please click like.
Rajendra K Goyal
(Expert) 30 October 2017
JIGYASU - Legal analyst
Very easy to comment on other experts.
Whether It is your moto, habit or hobby?
Nothing else you can contribute.
Rajendra K Goyal
(Expert) 30 October 2017
JIGYASU - Legal analyst
More than 90% of your posts are either vague or target other experts.
Should try to contribute if possible / have capacity.
What any expert is gaining by providing free and volunteer service on this platform.
You cannot digest the same and just try to gain cheap popularity.
Your motto is to comment and target experts of the site rather to contribute.
Your one point program seem to be that the forum should be closed.
Guest
(Expert) 30 October 2017
@ Mr.Rajendra K Goyal,
Your problem is that you try to quote your own data of more than 90% your own vague, irrelevant posts to be of others. Data is here at the LCI, anyone can see your posts, which itself would reveal that in almost all of the queries you have tried to post quite irrelevant posts, even when you don't know even ABC of that subject matter, instead of making some real contribution showing your own expertise.
To make it clear for your information, whatever you think, my aim is to expose fake experts, who just prefer to mislead and misguide the querists. People like you and your associates enhance the problems of the querists, who are already in trouble.
