Marriage wedlock if it consummated to same Gotra
Kumar Krishan Agarwal Advocate
(Querist) 04 December 2010
This query is : Resolved
My Ld Friends,
1. I want to know that what is the legal position of the same Gotra Marriage according to Hindu Law before courts when two persons are not related to degree of prohibited relationship but want to marry.
Like:-1 I have personally Singhal Gotra Marriage to a Another girl of the same Singhal Gotra comes under "Agarwal community ancestors origin" who I met first time in life and not known to her relatives and are new for me first time in life.
Like:-2 Jat community marriage to the same gotra as the bride and groom are.
2. These types of marriage if unfortunately consummated then what are your personal views according to your conscience and under the process of Indian Law.
3. Will we have to avoid these types of marriages OR in fondness just go for it to make it consummated legally wed. ?
4. Sometimes we see that a Gotra would change by Pandit(Hindu priest) for taking Kanya Dhaan from the different Gotra Person(parents) while girl internally belong to the same Gotra as the boy was. How rightfully it is ? in addition to
At that time What it's status of marriage i.e it is right or wrong ?
Please Reply this query profoundly with long statements with strong reasons of your beliefs, so that it will make a precedent for us(i.e lawyers community), to take right step before marriage if any person would think about it to get wed in same Gotra.
yogesh
(Expert) 05 December 2010
I think Gotra has no meaning under HMA
Dr. Jyothi Vishwanath
(Expert) 05 December 2010
same gotra marriages have not been referred in the Hindu Marriage Act, 1955. this law only speaks about prohibition on sapinda marriages and ban on marriage within prohibited degrees. inter-caste marriages, inter-gotra marriages are legal, though opposed socially in North India.
Hitender Gaur
(Expert) 06 December 2010
Agreed with jyothi, In aggarwals and Gaurs (Brahmins) if Gotra is same we seek SHASAN, if SHASAN is diffrent then we can marry in same Gotra. But there is no Gotra/Shasan Discribed in HMA, so it is a social issue not a legal issue.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 December 2010
