Marriage between two female Hindus

In interprating a statue I alwys love to adhere to plain and simple words and does not prefer extra legalistic words to be imported in the statue.

Assumi ji,

 

It doesn't mean same s*x of two females / males  can marry. Same s*x marriages are prohibited in Hindu tradition and culture. From immoral times same s*x marriges were prohibited.

 

Under Section 5 of HMA 1955 "A marriage may be solemnized between any two Hindus,....." means one male and female hindus.

 

How do you write President of India?

 

Male President of India or Female President of India or President of India?

 

Common saying or legal saying President of India. In the same of marraige between any two hindus is not wrong saying.

Assumi sir i want to know the answer, whether it results into finding dead man from the living one. Between according to me when HMA was inacted at that time relation between the same s*x was not so popular, so the legislature couldn't preceve your interpretation. Instead they could have used the word female and male. But really thanks 4 counter arguments these r making the discussion healthy.

Firstly I thank  Anish for being a true sporty in the matter, as searching for the dead among the living means searching for something which is not there in the statues, and ofcourse barrowed from the Bible. Secondly, coming to Prakash answers, yes you are correct by introducing the fiction interpretation. As even under the English Matrimonial Causes Act 1973 of England, they categorically laid down this biological criteria in section 11 which reads as " A marriage celebrated after 31st July 1971 shall be void on the following grounds only, that is to say  (a).... (b) ..... (c) that the parties are not respectively male and female. Sub clause (iii) of section 5 of the HMA does not speak about the biological aspects rather it speaks about  the age of the parties. Regarding those common nouns or figurative aspect I would leave it up to you, as the inter[pretation of statue is different from grammar and even the great India is referred as she not he.

An interesting grammatical question. But , a word or few words should not be read in isolation . as advised by Mr vekat rao and mr. reddy, meaning to a word is to be given after reading the complete provisions. Further, a word is to be interpreted in common parlance i.e. the meaning which is ordinarily understood by the society.

Grammatically, the hindi word  "Putri " may refer to father of the male child or a person who has son ( just like sukha - sukhi, dukha- dukhi, dhana - dhani etc.). But in common parlance putri means daughter.

Dear Dr.Tripathi, thank you for joining us in this discussions. But even the introduction of fiction in  interpretation has its own limit, and any one can employed any words but subject to approval of the court. So let us all agree that whatever the members have said is right as long as it satisfied their judicial conscience, and let us end this discussions like the Caucus - Race in Alice in Wonderland, singing the song Que Sara sara whatever will be will be.

If two female Hindus soleminze marriage and subsequently one of them gets her s*x changed by medical process. What then? Whether it will be valid, void or voidable marriage?

Well I am not fully conversant with the provisions prescribed in the Indian Laws however a mere study of Sub-Section IV of Section 5 of the Hindu Marriage Act, 1955 clearly revels that no marriage can be solemnized unless is permissible under the law, custom and norms of the society

Dear Parveen,

marriage was not valid when it was solemnized because, there were no bride and bridegroom and no rituals of hindu marriage could be followed. after change of zender they have to marry afresh following the rituals of hindu marriage.

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The First man of the earth who enjoyed zender change - King "Sudumna" of Pratishthanpuri. He used to be male for one month and female for another month. This story has been described in several places  scripttures (Purans as well as in Valmikiya Ramayanam) !!!
    

Enjoy this research !!!!

 

The First man of the earth who enjoyed zender change was - King "Sudumna" of Pratishthanpuri. He used to be male for one month and female for another month. This story has been described at several places  in scriptttures (Purans as well as in Valmikiya Ramayanam) !!!
    

Enjoy this research !!!!

 

Pauranik King "Mandhaata" was born without female i.e. he was born out of woumb of a male through surgery !

 

Assumi sir who is dead and who is living will be decided by the conclusion of the debate. Tripathi sir has rightly argued that how will there be ceremonies 4 the same s*x marriage which r not there in the hindu religion if i m not wrong. Can i suggest this that HMA has neither permitted the same s*x marriage, nor has prohibited ( as when it was enacted same s*x marriage was not there in the hindu society) and finally i would like to conclude that there must be clear provision for this by amendment

Anish, Please read my answers above, The same issue was faced in Engliand and they change the law in section 11 of the  English Matrimonial causes Act 1973 of England. Reagrding Praveen question on s * change is also new emerging issues and had been debated on several forums in conflicts of law. Time to have a serious thoughts on all these new development in science and its effects on laws.

 

SEC- 5. Conditions for a Hindu marriage

A marriage may be solemnised between any two Hindus, if the following conditions are fulfilled, namely,-

    (i) neither party has a spouse living at the time of the marriage;

    ¹[(ii) at the time of the marriage, neither party-

        (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

        (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

        (c) has been subject to recurrent attacks of insanity ²[***]

    (iii) the bridegroom has completed the age of ³[twenty-one years] and the bride, the age of ⁴[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;

 

In section 5 (iii) it is clearly said about age of bride and bride groom, it means only a bride and bride groom can marry. it has clear interpretation like a golden rule of interpretation.

In sec 5 (iv) it is also clear that :-unless the custom or usage governing each of them permits of a marriage between the two.  its not a custom in Hindus to marry two females, so its again barred.

It is clear in this section that only a male and female can marry.

Assumi sir is right.

The Act needs amendment.